Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the Company. Within five Banking Days after receipt of notice, the Company, at its own expense, shall execute and deliver to the Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 3 contracts
Samples: Credit Agreement (Buckeye Technologies Inc), Credit Agreement (Buckeye Technologies Inc), Credit Agreement (Buckeye Cellulose Corp)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note or Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.113.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrower, at its their own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteNote or Notes, a new Note or Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note or Notes to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note or Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteNote or Notes, respectively, and shall be dated the date of the surrendered Note Notes which it replacesthey replace.
Appears in 3 contracts
Samples: Credit Agreement (Ameripath Inc), Credit Agreement (Ameripath Inc), Credit Agreement (Ameripath Inc)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance in the form of Exhibit F annexed hereto, executed by an assigning Lender and an Assignee together with Assignee, in exchange for the Note Revolver Note(s) subject to such assignment, and together with the processing and recordation fee referred Revolver Note(s) subject to in Section 12.1.1such assignment, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days ten (10) days after receipt of notice, the CompanyBorrower, at its own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteRevolver Note(s), a new Note Revolver Note(s) to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan Loans assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the LoanLoans, a new Note Note(s) to the order of such assigning Lender in a principal amount equal to the applicable Commitment Commitments and Loan its Percentage Interest in the Loans retained by it. Such new Note Note(s) shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteNote(s), and shall be dated the date of the surrendered Note Note(s) which it replacesor they replace. All such Note(s) so replaced shall be delivered by Agent to Borrower or, alternatively, at Agent's election, marked appropriately to evidence the replacement thereof by such replacement Note(s).
Appears in 2 contracts
Samples: Revolver Loan Agreement (Energy 11, L.P.), Revolver Loan Agreement (Energy Resources 12, L.P.)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note or Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.1, the Administrative Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrower, at its own expense, shall execute and deliver to the Administrative Agent, in exchange for the surrendered NoteNote or Notes, a new Note or Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note or Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteNote or Notes, and shall be dated the date of the surrendered Note Notes which it replacesthey replace.
Appears in 2 contracts
Samples: Credit Agreement (Charter Communications Inc /Mo/), Credit Agreement (Charter Communications Inc /Mo/)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender Xxxxxx and an Assignee (and any necessary consent of the Administrative Agent and the Borrower) together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1 and, to the extent necessary, the Revolving Note being assigned, the Administrative Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrower, at its own expense, shall execute and deliver to the Agent, Administrative Agent (in exchange for the surrendered Note, Revolving Note if such Revolving Note must be surrendered or reissued as a result of such assignment) a new Revolving Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if Acceptance. If the assigning Lender has retained a Commitment and portion of the Loan, a new its Revolving Note shall be deemed to the order of such assigning Lender be then outstanding in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 2 contracts
Samples: Credit Agreement (American Financial Group Inc), Credit Agreement (American Financial Group Inc)
Acceptance of Assignment and Assumption. Upon its receipt of --------------------------------------- a completed Assignment and Acceptance executed by an assigning Lender and an Assignee (and any necessary consent of the Company) together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the Company. Within five Banking Days after receipt of notice, the Company, at its own expense, shall execute and deliver to the Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 1 contract
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note Revolving Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrowers, at its their own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteRevolving Notes, a new Note Revolving Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Revolving Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Revolving Loan, a new Note Revolving Notes to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Revolving Loan retained by it. Such new Note Revolving Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteRevolving Notes, respectively, and shall be dated the date of the surrendered Note Revolving Notes which it replacesthey replace.
Appears in 1 contract
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender Bank and an Assignee Assignee, in exchange for the Bank Note subject to such assignment, together with the Bank Note or Bank Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1, the Administrative Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrowers. Within five Banking (5) Business Days after receipt of notice, the CompanyBorrowers, at its own expense, shall execute and deliver to the Administrative Agent, in exchange for the surrendered NoteBank Note or Bank Notes, a new Bank Note or Bank Notes to the order of such Assignee in a principal amount equal to the applicable Commitment Commitments and Loan Loans assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender Bank has retained a Commitment Commitments and portion of the LoanLoans, a new Bank Note or Bank Notes to the order of such assigning Lender Bank in a principal amount equal to the applicable Commitment Commitments and Loan its Percentage Interest in the Loans retained by it. Such new Bank Note or Bank Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteBank Note or Bank Notes, and shall be dated the date of the surrendered Bank Note or Bank Notes which it replacesor they replace. All such Notes so replaced shall be delivered by the Administrative Agent to the Borrowers or, alternatively, at the Administrative Agent's election, marked appropriately to evidence the replacement thereof by such replacement Bank Note(s).
Appears in 1 contract
Samples: Revolving Credit and Term Loan Agreement (Equity Compression Services Corp)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1 and (if required under clause (b) of Section 11.1.1) the written consent of the Company, the New York Managing Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the Company. Within five Banking Days after receipt of notice, the Company, at its own expense, shall execute and deliver to the New York Managing Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 1 contract
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee (and any necessary consent of the Axxxx xnd the Holding Company) together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrower, at its own expense, shall execute and deliver to the Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 1 contract
Samples: Credit Agreement (Playcore Inc)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note Revolving Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrowers, at its their own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteRevolving Notes, a new Note Revolving Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Revolving Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Revolving Loan, a new Note Revolving Notes to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Revolving Loan retained by it. Such new Note Revolving Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteRevolving Notes, respectively, and shall be dated the date of the surrendered Note Revolving Notes which it they replaces.
Appears in 1 contract
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note Revolving Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.113.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrowers, at its their own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteRevolving Notes, a new Note Revolving Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Revolving Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Revolving Loan, a new Note Revolving Notes to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Revolving Loan retained by it. Such new Note Revolving Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteRevolving Notes, respectively, and shall be dated the date of the surrendered Note Revolving Notes which it they replaces.
Appears in 1 contract
Samples: Credit Agreement (Ameripath Inc)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note Debentures subject to such assignment, assignment and the processing and recordation fee referred subject to in Section 12.1.1compliance with applicable laws, the Agent Borrower shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register Register, and (c) give prompt notice thereof to the Companynon-assigning Lenders. Within five Banking Business Days after receipt of notice, the CompanyBorrower, at its own expense, shall execute and deliver to the AgentAssignee, in exchange for the surrendered NoteDebentures, a new Note Debentures to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note Debentures to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note Debentures shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteDebentures, and shall be dated the date dates of the surrendered Note Debentures which it replacesthey replace.
Appears in 1 contract
Samples: Senior Loan Agreement (Centennial Sepcialty Foods Corp)
Acceptance of Assignment and Assumption. Upon its receipt of --------------------------------------- a completed Assignment and Acceptance executed by an assigning Lender and an Assignee (and any necessary consent of the Agent and the Company) together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1 and, to the extent necessary, the Note being assigned, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyU.S. Borrower or the Canadian Borrower, as the case may be. Within five Banking Days after receipt of notice, the CompanyU.S. Borrower or the Canadian Borrower, as the case may be, at its own expense, shall execute and deliver to the Agent, Agent (in exchange for the surrendered Note, Note if such Note must be surrendered or reissued as a result of such assignment) a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if Acceptance. If the assigning Lender has retained a Commitment and portion of the Loan, a new its Note shall be deemed to the order of such assigning Lender be then outstanding in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 1 contract
Samples: Credit Agreement (Westower Corp)
Acceptance of Assignment and Assumption. Upon its receipt of --------------------------------------- a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note or Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.113.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrower. Within five Banking Days after receipt of notice, the CompanyBorrower, at its their own expense, shall execute and deliver to the Agent, in exchange for the surrendered NoteNote or Notes, a new Note or Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note or Notes to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note or Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteNote or Notes, respectively, and shall be dated the date of the surrendered Note Notes which it replacesthey replace.
Appears in 1 contract
Samples: Credit Agreement (Ameripath Inc)
Acceptance of Assignment and Assumption. Upon its --------------------------------------- receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.114.1.1, the Agent shall will (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrowers. Within five Banking Days after receipt of notice, the CompanyBorrowers, at its their own expense, shall will execute and deliver to the Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such Subject to the foregoing, such new Note shall will be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall will be dated the date of the surrendered Revolving Credit Note which it replaces.
Appears in 1 contract
Samples: Senior Unsecured Revolving Credit Agreement (Ch2m Hill Companies LTD)
Acceptance of Assignment and Assumption. Upon its receipt of a completed Assignment and Acceptance executed by an assigning Lender and an Assignee together with the Note or Notes subject to such assignment, and the processing and recordation fee referred to in Section 12.1.1, the Administrative Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the CompanyBorrowers. Within five Banking Days after receipt of notice, the CompanyBorrowers, at its their own expense, shall execute and deliver to the Administrative Agent, in exchange for the surrendered NoteNote or Notes, a new Note or Notes to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note or Notes shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered NoteNote or Notes, and shall be dated the date of the surrendered Note Notes which it replacesthey replace.
Appears in 1 contract
Acceptance of Assignment and Assumption. Upon its receipt of a --------------------------------------- completed Assignment and Acceptance executed by an assigning Lender and an Assignee (and any necessary consent of the Company) together with the Note subject to such assignment, and the processing and recordation fee referred to in Section 12.1.111.1.1, the Agent shall (a) accept such Assignment and Acceptance, (b) record the information contained therein in the Register and (c) give prompt notice thereof to the Company. Within five Banking Days after receipt of notice, the Company, at its own expense, shall execute and deliver to the Agent, in exchange for the surrendered Note, a new Note to the order of such Assignee in a principal amount equal to the applicable Commitment and Loan assumed by it pursuant to such Assignment and Acceptance and, if the assigning Lender has retained a Commitment and portion of the Loan, a new Note to the order of such assigning Lender in a principal amount equal to the applicable Commitment and Loan retained by it. Such new Note shall be in an aggregate principal amount equal to the aggregate principal amount of such surrendered Note, and shall be dated the date of the surrendered Note which it replaces.
Appears in 1 contract