Common use of Assignability to Federal Reserve Bank Clause in Contracts

Assignability to Federal Reserve Bank. Notwithstanding any other provision contained in this Financing Agreement or any other Financing Document to the contrary, any Lender may assign all or any portion of the Loans or Notes held by it to any Federal Reserve Bank or the United States Treasury as collateral security pursuant to Regulation A of the Federal Reserve Board and any Operating Circular issued by such Federal Reserve Bank; provided, however, that any payment in respect of such assigned Loans or Notes made by Borrower to or for the account of the assigning and/or pledging Lender in accordance with the terms of this Financing Agreement shall satisfy Borrower’s obligations hereunder in respect to such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder and in no event shall such Federal Reserve Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 4 contracts

Samples: Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.), Financing Agreement (First Wind Holdings Inc.)

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Assignability to Federal Reserve Bank. Notwithstanding any other provision contained in this Financing Agreement or any other Financing Credit Document to the contrary, any Lender Bank or any Related Bank may assign all or any portion of the Loans or Notes held by it to any Federal Reserve Bank or the United States Treasury as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve Board System and any Operating Circular issued by such Federal Reserve Bank; provided, however, provided that any payment in respect of such assigned Loans or Notes made by Borrower to or for the account of the assigning and/or pledging Lender Bank or Related Bank in accordance with the terms of this Financing Agreement shall satisfy Borrower’s 's obligations hereunder in respect to of such assigned Loans or Notes to the extent of such payment. No such assignment shall release the assigning Lender Bank or the assigning Related Bank from its obligations hereunder and in no event shall such Federal Reserve Bank be considered to be a “Lender” "Bank" or a "Related Bank" or be entitled to require the assigning Lender Bank or the assigning Related Bank to take or omit to take any action hereunder.

Appears in 2 contracts

Samples: Credit Agreement (Pacific Gas & Electric Co), Credit Agreement (Pg&e Corp)

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Assignability to Federal Reserve Bank. Notwithstanding any other provision contained in this Financing Agreement or any other Financing Document to the contrary, any Lender may assign all or any portion of the Loans Loans, DSRA LC Loans, the Energy Hedge LC Loan or Notes held by it to any Federal Reserve Bank or the United States Treasury as collateral security pursuant to Regulation A of the Federal Reserve Board and any Operating Circular issued by such Federal Reserve Bank; provided, however, provided that any payment in respect of such assigned Loans Loans, DSRA LC Loans, the Energy Hedge LC Loan or Notes made by Borrower to or for the account of the assigning and/or pledging Lender in accordance with the terms of this Financing Agreement shall satisfy Borrower’s obligations hereunder in respect to such assigned Loans Loans, DSRA LC Loans, the Energy Hedge LC Loan or Notes to the extent of such payment. No such assignment shall release the assigning Lender from its obligations hereunder and in no event shall such the Federal Reserve Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Appears in 1 contract

Samples: Financing Agreement (Noble Environmental Power LLC)

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