Common use of Assignability as Collateral Clause in Contracts

Assignability as Collateral. Notwithstanding any other provision contained in this Agreement or any other Credit Document to the contrary, any Lender may (without notice to Borrower, Administrative Agent or any other Lender and without payment of any fee) assign all or any portion of the Loans or Notes held by it in favor of any Federal Reserve Bank or the United States Treasury or any other central bank with jurisdiction over such Lender as collateral security; provided, that any payment in respect of such assigned Loans or Notes made by Borrower to or for the account of the assigning or pledging Lender in accordance with the terms of this Agreement shall satisfy Borrower’s obligations hereunder in respect of such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder. In the case of any Lender that is a Fund, such Lender may, without the consent of Borrower or Administrative Agent, collaterally assign or pledge all or any portion of its rights under this Agreement, including the Loans and Notes or any other instrument evidencing its rights as a Lender under this Agreement, to any holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities.

Appears in 2 contracts

Samples: Lender Agreement (Bloom Energy Corp), Lender Agreement (Bloom Energy Corp)

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Assignability as Collateral. Notwithstanding any other provision contained in this Agreement or any other Credit Document to the contrary, any Lender may (without notice to BorrowerBorrowers, Administrative Agent or any other Lender and without payment of any fee) assign all or any portion of the Loans or Notes held by it in favor of any Federal Reserve Bank or the United States Treasury or any other central bank with jurisdiction over such Lender as collateral security; provided, that any payment in respect of such assigned Loans or Notes made by Borrower Borrowers to or for the account of the assigning or pledging Lender in accordance with the terms of this Agreement shall satisfy Borrower’s Borrowers’ obligations hereunder in respect of such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder. In the case of any Lender that is a Fund, such Lender may, without the consent of Borrower Borrowers or 122 Administrative Agent, collaterally assign or pledge all or any portion of its rights under this Agreement, including the Loans and Notes or any other instrument evidencing its rights as a Lender under this Agreement, to any holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities.

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

Assignability as Collateral. Notwithstanding any other provision contained in this Agreement or any other Credit Document to the contrary, any Lender may (without notice to Borrower, Administrative Agent or any other Lender and without payment of any fee) assign all or any portion of the Loans or Notes held by it in favor of any Federal Reserve Bank or the United States Treasury or any other central bank with jurisdiction over such Lender as collateral security; provided, that any payment in respect of such assigned Loans or Notes made by Borrower to or for the account of the assigning or pledging Lender in accordance with the terms of this Agreement shall satisfy Borrower’s obligations hereunder in respect of such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder. In the case of any Lender that is a Fund, such Lender may, without the consent of Borrower or Administrative Agent, collaterally assign or pledge all or any portion of its rights under this Agreement, including the Loans and Notes or any other instrument evidencing its rights as a Lender under this Agreement, to any holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities.

Appears in 1 contract

Samples: Credit Agreement (First Wind Holdings Inc.)

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Assignability as Collateral. Notwithstanding any other provision contained in this Agreement or any other Credit Document to the contrary, any Lender may (without notice to BorrowerBorrowers, Administrative Agent or any other Lender and without payment of any fee) assign all or any portion of the Loans or Notes held by it in favor of any Federal Reserve Bank or the United States Treasury or any other central bank with jurisdiction over such Lender as collateral security; provided, that any payment in respect of such assigned Loans or Notes made by Borrower Borrowers to or for the account of the assigning or pledging Lender in accordance with the terms of this Agreement shall satisfy Borrower’s Borrowers' obligations hereunder in respect of such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder. In the case of any Lender that is a Fund, such Lender may, without the consent of Borrower Borrowers or Administrative Agent, collaterally assign or pledge all or any portion of its rights under this Agreement, including the Loans and Notes or any other instrument evidencing its rights as a Lender under this Agreement, to any holder of, trustee for, or any other representative of holders of, obligations owed or securities issued, by such fund, as security for such obligations or securities.

Appears in 1 contract

Samples: Credit Agreement (Renegy Holdings, Inc.)

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