Assignment Conditions. Assignments shall be subject to the following additional conditions:
(A) except in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund or an assignment of the entire remaining amount of the assigning Lender’s Commitments or Loans under any Facility, the amount of the Commitments or Loans of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent) shall not be less than (i) with respect to Term Loans, $1,000,000 and (ii) with respect to Revolving Loans and Revolving Loan Commitments, $5,000,000 (provided that in each case, that simultaneous assignments to or by two (2) or more Approved Funds shall be aggregated for purposes of determining such amount) unless the Administrative Agent and the Borrower otherwise consent;
(B) the parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption via an electronic settlement system acceptable to the Administrative Agent (or, if previously agreed with the Administrative Agent, manually), and shall pay to the Administrative Agent a processing and recordation fee of $3,500 (which fee may be waived or reduced in the sole discretion of the Administrative Agent); and
(C) the Assignee, if it is not already a Lender hereunder, shall deliver to the Administrative Agent an administrative questionnaire and the IRS forms described in Section 5.5(b) (including the Non-Bank Certificate, as applicable) and any forms described in Section 5.5(c) (if applicable). This Section 13.4(a) shall not prohibit any Lender from assigning all or any portion of its rights and obligations among separate Facilities on a non-pro rata basis.
Assignment Conditions. Assignments shall be subject to the following additional conditions:
(A) except in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund or an assignment of the entire remaining amount of the assigning Lender’s Commitments or Loans under any Term Facility or Revolving Facility, the amount of the Commitments or Loans of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent and, if applicable the Revolving Agent) shall be in an amount of an integral multiple of $1,000,000 (provided that simultaneous assignments by a single Lender to or by two or more Approved Funds shall be aggregated for purposes of determining such amount) unless the Administrative Agent and the Borrower otherwise consent; provided, however, the consent of the Borrower shall not be required in connection with any assignment during the primary syndication of the Loans to the extent the list of potential Lenders has already been identified by the Lead Arrangers in consultation with the Borrower;
(B) the parties to each assignment shall execute and deliver to the Administrative Agent and, if applicable, the Revolving Agent an Assignment and Assumption via an electronic settlement system acceptable to the Administrative Agent (or, if previously agreed with the Administrative Agent, manually);
(C) the Assignee, if it is not already a Lender hereunder, shall deliver to the Administrative Agent and, if applicable, the Revolving Agent, an administrative questionnaire and the Internal Revenue Service forms described in Section 4.04(b) (including the Non‑Bank Certificate, as applicable) and any forms described in Sections 4.04(c) and (d) (if applicable); and
(D) a $3,500 processing fee shall be paid in connection with any assignment (other than assignments (x) by or to Jefferies or KeyBank or their respective Affiliates or (y) in the case of an Assignee which is already a Lender or is an Affiliate or an Approved Fund of a Lender or a Person under common management with a Lender); provided that, for the avoidance of doubt, such processing fee shall be paid by the applicable Assignee or Lender assigning its Loans and/or Commitments and shall not be payable by Holdings, the Borrower or any of their respective Subsidiaries. This Section 12.04(a) shall not prohibit any Lender from assigning all or any portion of its rights and obligations among sep...
Assignment Conditions. The assignment of extra duty responsibilities will be made within the following guidelines.
1. Compensation for such assignments will be set by the Board;
2. Extra duty assignments will be open to any qualified person, whether or not a member of the Association;
3. It is understood that such positions are exempt from:
a. Seniority;
b. Tenure;
c. Fringe benefits;
Assignment Conditions. Assignments shall be subject to the following additional conditions:
Assignment Conditions. Assignments shall be subject to the following additional conditions:
(A) except in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund or an assignment of the entire remaining amount of the assigning Lender’s Loans, the amount of the Loans of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent) shall be in an amount of an integral multiple of $1,000,000 or, if less, all of such Lender’s remaining Loans of the applicable class and shall be accompanied with a process and recordation fee of $3,500 payable to the Administrative Agent (provided that simultaneous assignments by a single Lender to or by two or more Approved Funds shall be aggregated for purposes of determining such amount) unless the Administrative Agent and Borrower otherwise consent;
(B) the parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption via an electronic settlement system acceptable to the Administrative Agent (or, if previously agreed with the Administrative Agent, manually); and
(C) the Assignee, if it is not already a Lender hereunder, shall deliver to the Administrative Agent and Borrower an administrative questionnaire and the IRS forms described in Section 4.04(e) (including the Tax Compliance Certificate, as applicable) and any forms described in Section 4.04(f) and Section 4.04(g) (if applicable).
Assignment Conditions. Assignments shall be subject to the following additional conditions:
(A) except in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund or an assignment of the entire remaining amount of the assigning Lender’s Term Loan Commitments or Term Loan, the amount of the Term Loan Commitments or Term Loan of the assigning Lender subject to each such assignment (determined as of the date the Assignment and Assumption with respect to such assignment is delivered to the Administrative Agent) shall not be less than $1,000,000 (provided that simultaneous assignments to or by two or more Approved Funds shall be aggregated for purposes of determining such amount) unless the Administrative Agent and the Borrower otherwise consent;
(B) the parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption via an electronic settlement system acceptable to the Administrative Agent (or, if previously agreed with the Administrative Agent, manually); and
(C) the Assignee, if it is not already a Lender hereunder, shall deliver to the Administrative Agent an administrative questionnaire and the Internal Revenue Service forms described in Section 4.4(b) (including the Non‑Bank Certificate, as applicable) and any forms described in Section 4.4(c) (if applicable).
Assignment Conditions. Assignment of this Agreement under Clause 13.3 shall be subject to the following conditions precedent:
(a) the proposed assignee must agree to unconditionally and irrevocably adhere to the provisions of the Act and the Minerals (Transfer of Mining Lease Granted Otherwise than through Auction for Captive Purpose) Rules, 2016, and this Agreement and must enter into a deed of adherence/ assignment agreement in such form as may be satisfactory to the State Government;
(b) the proposed assignee must have furnished the Performance Security, to substitute any subsisting Performance Security provided by the [XXX Xxxxxx / Approval Holder]; and
(c) the proposed assignee must have paid any other amount due from the [XXX Xxxxxx / Approval Holder] and agreed to indemnify and hold the State Government harmless in all respects against any claims from any Third Party or the [XXX Xxxxxx / Approval Holder] with respect to such assignment.
(d) the proposed assignee shall execute a transfer deed with the State Government for transfer of the mining lease .
Assignment Conditions. No assignment or transfer of this Agreement, or any part thereof, shall be made by either party without the signed, written consent of the other party. All purported assignments and transfers without such consent shall be void ab initio. Consent to assignment may be withheld by either party without cause.
Assignment Conditions. This Assignment shall become effective upon satisfaction of all of the following conditions precedent (the date upon which each of the following conditions precedent is satisfied, the “Effective Date”):
Assignment Conditions. Your right to receive and retain the payments and benefits of this Agreement are conditioned on your performance of and compliance with all the terms of this Agreement (subject, however, to the limitations provided by applicable law with respect to compliance with the release provisions of the Agreement or otherwise). It is understood and agreed that this Agreement is freely assignable by Perficient (and any successor to any such person), and is enforceable by any successor or assignee of any such person. This Agreement is binding upon and enforceable against any successor or assignee of Perficient, but is not assignable by you (nor shall you delegate any of your respective obligations hereunder).
