ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 2020, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 2 contracts
Samples: Loan and Security Agreement (Summer Infant, Inc.), Loan and Security Agreement (Summer Infant, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15June 28, 20202010, (as amended, amended (and restated, supplemented or otherwise modified and in effect from time to time, the “Loan Agreement”), among SUMMER INFANTCAPELLA HEALTHCARE, INC., and SUMMER INFANT a Delaware corporation, as the borrower agent (USA)in such capacity, INC. (collectively, the “BorrowersBorrower Agent”), the Guarantors party thereto other Borrowers from time to timetime party thereto, the Guarantors from time to time party thereto, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAgreement. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 2 contracts
Samples: Loan and Security Agreement (Lawton Surgery Investment Company, LLC), Loan and Security Agreement (NPMC Holdings, LLC)
ASSIGNMENT NOTICE. Reference is made to (1i) the Third Amended and Restated Term A Loan and Security Agreement dated as of October 1519, 20202011, as amended (“Loan Agreement”), among SUMMER INFANTKELLWOOD COMPANY, INC., and SUMMER INFANT a Delaware corporation (USA“Borrower Representative”), INC. each of the other Borrowers signatory thereto (collectivelycollectively with Borrower Representative, the “Borrowers”), the Guarantors other Obligors party thereto from time to timethereto, BANK OF AMERICASUN KELLWOOD FINANCE, N.A.LLC, as collateral agent (“Collateral Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), each Lender and such LendersLenders party thereto; and (2ii) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), ) between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent Lenders of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ $ of Assignor’s outstanding Term Loan A Loan; (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent Lenders and the Borrower AgentRepresentative, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent Lenders shall deem Assignor’s Revolver Commitment Term A Loan to be reduced by $_________$ , and Assignee’s Revolver Commitment Term A Loan to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent Lenders pursuant to Section 13.3 12.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15June 30, 20202015, as amended (“Loan Agreement”), among SUMMER INFANTSKECHERS U.S.A., INC., and SUMMER INFANT a Delaware corporation (USA“Skechers”), INC. Skechers U.S.A., Inc. II, a Delaware corporation (“Skechers II”), Skechers by Mail, Inc., a Delaware corporation (“Skechers By Mail” and, together with Skechers and Skechers II, collectively, the “Borrowers” and, individually, each a “Borrower”), the Guarantors other Persons party thereto from time to timetime as Guarantors (the “Guarantors”), the financial institutions party thereto from time to time as Lenders (the “Lenders”), and BANK OF AMERICA, N.A., a national banking association, as agent for the Lenders (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are Capitalized terms used and not defined herein as defined shall have the meanings set forth in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of [ ] (the date (“Effective Date”) indicated below), provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreementcontemplated by this Assignment Notice, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15April 21, 20202015, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ $ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ $ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ $ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , Assignee’s Revolver Commitment to be increased by $_________$ , Assignor’s FILO Commitment to be reduced by $_________$ , and Assignee’s FILO Commitment to be increased by $_________$ . . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 202020 , as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 202020__, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA)NAUTILUS, INC. and NAUTILUS INTERNATIONAL S.A. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), and (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ $ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, $ ,and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 1530, 20202015, as amended (“Loan Agreement”), among SUMMER INFANTCONN’S, INC., a Delaware corporation, as parent and SUMMER INFANT guarantor (USA“Parent”), CONN APPLIANCES, INC. ., a Texas corporation (“CAI”), CONN CREDIT I, LP, a Texas limited partnership (“CCI”), and CONN CREDIT CORPORATION, INC., a Texas corporation (“CCCI”, and together with CAI and CCI, collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended Loan, Security and Restated Loan and Security Guarantee Agreement dated as of October 15November 16, 20202022, as amended (“Loan Agreement”), among SUMMER INFANTAPPLIED OPTOELECTRONICS, INC., a Delaware corporation (“AOI”, and SUMMER INFANT (USA)together with any other Person from time to time designated as a borrower thereunder, INC. (collectively, the “Borrowers” and each, individually, a “Borrower”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions other Obligors from time to time party thereto, the financial institutions party to the Loan Agreement from time to time as Lenders, and CIT NORTHBRIDGE CREDIT LLC, a Delaware limited liability company (“LendersCNC”), and as agent for the Secured Parties (in such Lenders; and (2) the Assignment and Acceptance dated as of ____________capacity, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“AssigneeAgent”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15November 4, 20202010, as amended (the “Loan Agreement”), among SUMMER INFANTAMERICA’S CAR-MART, INC., and SUMMER INFANT a Texas corporation (USA“Parent”), COLONIAL AUTO FINANCE, INC. ., an Arkansas corporation (“Colonial”), AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”), TEXAS CAR-MART, INC., a Texas corporation (“TCM”)(each of Colonial, ACM and TCM, a “Borrower”, and collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICAARKANSAS, N.A., as agent (“Agent”) and co-lead arranger, and BANK OF AMERICA, N.A., as collateral agent, documentation agent and co-lead arranger, in each case, for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1i) the Third Fifth Amended and Restated Term Loan and Security Agreement dated as of October 15June , 20202013, as amended (“Loan Agreement”), among SUMMER INFANTKELLWOOD COMPANY, INC., and SUMMER INFANT a Delaware corporation (USA“Borrower Representative”), INC. each of the other Borrowers signatory thereto (collectivelycollectively with Borrower Representative, the “Borrowers”), the Guarantors other Obligors party thereto from time to timethereto, BANK OF AMERICASUN KELLWOOD FINANCE, N.A.LLC, as collateral agent (“Collateral Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), each Lender and such LendersLenders party thereto; and (2ii) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), ) between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent Lenders of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ $ of Assignor’s outstanding Term Loan [B]/[C]/[D]/[E]/[F]/[G] Loan; (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent Lenders and the Borrower AgentRepresentative, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent Lenders shall deem Assignor’s Revolver Commitment Term [B]/[C]/[D]/[E]/[F]/[G] Loan to be reduced by $_________$ , and Assignee’s Revolver Commitment Term [B]/[C]/[D]/[E]/[F]/[G] Loan to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent Lenders pursuant to Section 13.3 12.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15February 21, 20202017, as amended (“Loan Agreement”), among SUMMER INFANTALLIANCE ENTERTAINMENT HOLDING CORPORATION, INC.PROJECT PANTHER ACQUISITION CORPORATION, AEC DIRECT, LLC, ALLIANCE ENTERTAINMENT, LLC, and SUMMER INFANT (USA)DIRECTTOU, INC. LLC, (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of , 20 (“Assignment”), between____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $__________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% represents_______% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $__________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15February 20, 20202007, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT AK STEEL CORPORATION (USA), INC. (collectively, “BorrowersBorrower”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Ak Steel Holding Corp)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Second Amended and Restated Loan and Security Agreement dated as of October June 15, 20202012, as amended (“Loan Agreement”), among SUMMER INFANT, INCAGY HOLDING CORP., AGY AIKEN LLC and SUMMER INFANT (USA), INC. AGY HUNTINGDON LLC (collectively, “Borrowers”), the Guarantors party thereto from time to timeUBS AG, BANK OF AMERICA, N.A.STAMFORD BRANCH, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15March 17, 20202014, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT AK STEEL CORPORATION (USA), INC. (collectively, “BorrowersBorrower”), the Borrowing Base Guarantors party thereto from time to timethereto, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Tranche A Revolver Loans, $__________ of Assignor’s outstanding Tranche B Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Tranche A Revolver Commitment (which represents ____% of the total Tranche A Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of and $__________ of Assignor’s FILO Tranche B Revolver Commitment (which represents ____% of the total FILO Tranche B Revolver Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem (a) Assignor’s Tranche A Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Tranche A Revolver Commitment to be increased by $_________ and (b) Assignor’s Tranche B Revolver Commitment to be reduced by $_________, and Assignee’s Tranche B Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Ak Steel Holding Corp)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15November 4, 20202011, as amended (“Loan Agreement”), among SUMMER INFANTINSTALLED BUILDING PRODUCTS, LLC, a Delaware limited liability company (“Borrower Agent”), the other Borrowers from time to time party there to, CCIB HOLDCO, INC., and SUMMER INFANT a Delaware corporation (USA), INC. (collectively, “BorrowersParent”), the other Guarantors party thereto from time to timetime party thereto, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower Agent and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Installed Building Products, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan Loan, Guaranty and Security Agreement dated as of October 15February 9, 20202011, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT TRIDENT MICROSYSTEMS (USA), INC. HONG KONG) LIMITED (collectively, “BorrowersBorrower”), the Guarantors party thereto certain Affiliates of Borrower from time to timetime party thereto as Guarantors, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20___ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the Commitments)(the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 14.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan, Guaranty and Security Agreement (Trident Microsystems Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15February 21, 20202017, as amended (“"Loan Agreement”"), among SUMMER INFANTALLIANCE ENTERTAINMENT HOLDING CORPORATION, INC.PROJECT PANTHER ACQUISITION CORPORATION, AEC DIRECT, LLC, ALLIANCE ENTERTAINMENT, LLC, and SUMMER INFANT (USA)DIRECTTOU, INC. LLC, (collectively, “"Borrowers”"), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”"Assignment"), between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s 's outstanding Revolver Loans and $___________ of Assignor’s 's participations in LC Obligations, and (b) the amount of $__________ of Assignor’s 's Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “" Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s 's Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO 's Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice..
Appears in 1 contract
Samples: Loan and Security Agreement (Adara Acquisition Corp.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15March 28, 20202011, as amended (“"Loan Agreement”"), among SUMMER INFANTFFE TRANSPORTATION SERVICES, INC., a Delaware corporation ("FFE"), XXXX MOTOR LINES, INC., a Delaware corporation ("LML"), XXXXXXX CORPORATION, a Delaware corporation ("Xxxxxxx"), FFE LOGISTICS, INC., a Delaware corporation ("Logistics") (each of FFE, LML, Xxxxxxx and SUMMER INFANT (USALogistics is, individually, a "Borrower" and they are, collectively, "Borrowers"), FROZEN FOOD EXPRESS INDUSTRIES, INC. (collectively"Parent") and certain additional Subsidiaries of Parent, “Borrowers”), the Guarantors party thereto from time to timeas guarantors, BANK OF AMERICA, N.A., as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“"Assignment Agreement”"), between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s 's outstanding Revolver Loans and $___________ of Assignor’s 's participations in LC Obligations, and (b) the amount of $__________ of Assignor’s 's Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “"Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s 's Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO 's Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Frozen Food Express Industries Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement Financing Agreement, dated as of October 15February 28, 20202017 (as amended, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto restated or otherwise modified from time to time, BANK OF AMERICAthe "Loan Agreement"), N.A.by and among Architectural Granite & Marble, LLC, a Delaware limited liability company, ("AGM"), Pental Granite and Marble, LLC, a Washington limited liability company ("Pental" and together with AGM and each Subsidiary of AGM that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), Cerberus Business Finance, LLC, as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“"Assignment Agreement”"), between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s 's outstanding Term Loan (the foregoing items being, collectively, the “"Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentAGM, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAgreement. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Financing Agreement (Select Interior Concepts, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 1526, 20202015, as amended (“"Loan Agreement”"), among SUMMER INFANTNORTHWEST PIPE COMPANY, INC.an Oregon corporation ("Borrower 1") and PERMALOK CORPORATION, a Missouri corporation ("Borrower 2" and SUMMER INFANT (USAtogether with Borrower 1, collectively "Borrowers"), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”"Assignment"), between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s 's outstanding Revolver Loans and $___________ of Assignor’s 's participations in LC Obligations, and (b) the amount of $__________ of Assignor’s 's Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “"Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s 's Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO 's Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15November __, 20202010, as amended (“Loan Agreement”), among SUMMER INFANTCONN APPLIANCES, INC., a Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and SUMMER INFANT (USA)CONN CREDIT CORPORATION, INC. ., a Texas corporation (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Second Amended and Restated Loan and Security Agreement dated as of October 15September 26, 20202012, as amended (“Loan Agreement”), among SUMMER INFANTCONN APPLIANCES, INC., a Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and SUMMER INFANT (USA)CONN CREDIT CORPORATION, INC. ., a Texas corporation (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15July 27, 20202011, as amended (“Loan Agreement”), among SUMMER INFANTXXXXXX TIRE & RUBBER COMPANY (“Cooper”), INCMAX-TRAC TIRE CO., and SUMMER INFANT (USA), INC. (“Max-Trac”, and together with Cooper, collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrowers, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Cooper Tire & Rubber Co)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15May 9, 20202008, as amended (“Loan Agreement”), among SUMMER INFANTMERIX CORPORATION, INC., and SUMMER INFANT an Oregon corporation (USA), INC. (collectively, “BorrowersBorrower”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (in such capacity, “Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ____________________________ ____________________________ ____________________________ ____________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 14.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1i) the Third Amended and Restated Loan and Security Agreement dated as of October 15November 9, 20202006, as amended (“"Loan Agreement”"), among SUMMER INFANTBAIRNCO CORPORATION, AXXXX, INC., KASCO CORPORATION, BXXXXXX & GXXX GmbH, ATLANTIC SERVICE CO. LTD., ATLANTIC SERVICE CO. (UK) LTD. and SUMMER INFANT (USA), INC. EUROKASCO S.A. (collectively, “"Borrowers”"), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2ii) the Assignment and Acceptance dated as of ____________, 20__ (“"Assignment Agreement”), ") between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s 's outstanding Revolver Loans and $___________ of Assignor’s 's participations in LC Obligations, (b) the amount of $__________ of Assignor’s 's Revolver Commitment (which represents (____% %) of the total Revolver Commitments), ; and (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s 's outstanding Term Loan (the foregoing items being, collectively, the “"Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s 's Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO 's Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.. #
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15May 12, 20202017 (as amended, as restated, amended (and restated, supplemented and otherwise modified from time to time, the “Loan Agreement”), among SUMMER INFANTHydrofarm Holdings LLC, INC.a Delaware limited liability company (“ Initial Borrower” or “Holdings”; immediately upon consummation of the Closing Date Acquisition and execution of the Assumption Agreement, Initial Borrower shall be succeeded as a Borrower thereunder by Hydrofarm, LLC, a California limited liability company (“Borrower Agent ”), EHH Holdings, LLC, a Delaware limited liability company (“EHH”), SunBlaster, LLC, a Delaware limited liability company (“SunBlaster ”), and SUMMER INFANT WJCO LLC, a Colorado limited liability company (USA“ WJCO”); Borrower Agent, INC. (EHH, SunBlaster, WJCO and any future Subsidiary of Holdings that becomes a borrower thereto pursuant to Section 10.1.9 of the Loan Agreement, each a “Borrower” and, collectively, the “Borrowers”), the Guarantors other parties from time to time signatory thereto as Obligors, the financial institutions party thereto from time to timetime as Lenders, BANK OF AMERICAand Bank of America, N.A., a national banking association, as agent for the Lenders (in such capacity, “Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAgreement. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Hydrofarm Holdings Group, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 202020 , as amended (“Loan Agreement”), among SUMMER INFANT[BORROWER 1], INC., [BORROWER 2] and SUMMER INFANT (USA), INC. [BORROWER 3] (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the Commitments)(the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Amkor Technology, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 202020 , as amended (“Loan Agreement”), among SUMMER INFANTCONN-SELMER, INC., . and SUMMER INFANT (USA)STEINWAY, INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance Assumption dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssumption. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Steinway Musical Instruments Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15January 28, 20202022, as amended (“Loan Agreement”), among SUMMER INFANT, INC., . and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICAWYNNEFIELD CAPITAL, N.A.INC., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Standby Term Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Standby Term Loan Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Standby Term Loan Commitments) (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Standby Term Loan Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Standby Term Loan Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended Loan, Security and Restated Loan and Security Guarantee Agreement dated as of October 15March 26, 2020, as amended (“Loan Agreement”), among SUMMER INFANTAUTOWEB, INC., and SUMMER INFANT a Delaware corporation (USA“AutoWeb”), INC. and any other Person from time to time joined thereto as a Borrower (together with AutoWeb, each, a “Borrower” and, collectively, “Borrowers”), the Guarantors party thereto other Persons from time to timetime party to the Loan Agreement as Guarantors, BANK OF AMERICA, N.A.CIT NORTHBRIDGE CREDIT LLC, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans Loans, and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (AutoWeb, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15December 8, 20202017, as amended (the “Loan Agreement”), among SUMMER INFANTOLYMPIC STEEL, INC., and SUMMER INFANT an Ohio corporation (USA), INC. (collectively, “BorrowersOlympic Steel”), and the Guarantors other Borrowers party thereto, the Lenders party thereto from time to time, and BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (the “Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms not otherwise defined herein are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding [Tranche A/Tranche B] Revolver Loans and [$___________ of Assignor’s participations in LC Obligations, Obligations],3 (b) the amount of $__________ of Assignor’s [Tranche A/Tranche B] Revolver Commitment (which represents ____% of the total [Tranche A/Tranche B] Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s [Tranche A/Tranche B] Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO [Tranche A/Tranche B] Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Term Loan and Security Agreement dated as of October 15June 28, 20202018, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A.PATHLIGHT CAPITAL LLC, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Term Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ $ of Assignor’s Revolver Term Loan Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan Commitments) (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Term Loan Commitment to be reduced by $_________$ , and Assignee’s Revolver Term Loan Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Term Loan and Security Agreement (Summer Infant, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15November 4, 20202010, as amended (the “Loan Agreement”), among SUMMER INFANTAMERICA’S CAR-MART, INC., and SUMMER INFANT a Texas corporation (USA“Parent”), COLONIAL AUTO FINANCE, INC. ., an Arkansas corporation (“Colonial”), AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”), TEXAS CAR-MART, INC., a Texas corporation (“TCM”)(each of Colonial, ACM and TCM, a “Borrower”, and collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICAARKANSAS, N.A., as agent (“Agent”) and co-lead arranger, and BANK OF AMERICA, N.A., as collateral agent, documentation agent and co-lead arranger, in each case, for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.. BN 6747822v16
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15May 10, 20202010, as amended (“Loan Agreement”), among SUMMER INFANT, SPANSION INC., and SUMMER INFANT a Delaware corporation (USA“Parent”), INC. SPANSION LLC, a Delaware limited liability company (“Spansion”) and certain of Spansion’s subsidiaries party hereto (such subsidiaries together with Spansion, individually, a “Borrower” and, collectively, the “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Second Amended and Restated Loan and Security Agreement dated as of October 15June , 20202018, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended Loan, Security and Restated Loan and Security Guarantee Agreement dated as of October 15May 14, 20202021, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), GEE GROUP INC. (“GEE Group”) and certain of its Subsidiaries (collectively, “Borrowers”), the Guarantors party thereto from time to timeCIT BANK, N.A.a division of FIRST-CITIZENS BANK OF AMERICA, N.A.& TRUST COMPANY, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment AgreementAssignment”), between ____________________ (“Assignor”) and _____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $__________ of Assignor’s outstanding Revolver Loans Loans, and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $___________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: __________________________________ __________________________________ __________________________________ __________________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan, Security and Guarantee Agreement (GEE Group Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15September 30, 20202011, as amended (“Loan Agreement”), among SUMMER INFANT, INC., HWC WIRE & CABLE COMPANY and SUMMER INFANT (USA), INC. the domestic Subsidiaries of HWC Wire & Cable Company party thereto as borrowers (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan Commitments (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Houston Wire & Cable CO)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15June 30, 20202009, as amended (“Loan Agreement”), among SUMMER INFANT, THQ INC., a Delaware corporation (“THQ” and, together with any other Person at any time after the date hereof becomes a Borrower in accordance with the terms hereof, each individually a “Borrower” (and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of [____________], 20__ (“Assignment Agreement”), between [__________________ ] (“Assignor”) and [____________________ ] (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $[___________ ] of Assignor’s participations in LC Obligations, (b) the amount of outstanding Revolver Loans and $[__________ ] of Assignor’s Revolver Commitment participations in LC Obligations, and (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (db) the amount of $[__________ ] of Assignor’s FILO Revolver Commitment (which represents [____]% of the total FILO Revolver Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $[_________], and Assignee’s Revolver Commitment to be increased by $[_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________]. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15June 25, 20202018, as amended among PROMETHEAN WORLD LIMITED, a company incorporated in England and Wales with company number 07118000 (“Loan AgreementParent”), among SUMMER INFANT, PROMETHEAN INC., and SUMMER INFANT a Delaware corporation (USA“Promethean U.S.”), INC. PROMETHEAN LIMITED, a company incorporated in England and Wales with company number 01308938 (“Promethean U.K.”, and together with Promethean U.S., each, a “Borrower” and collectively, the “Borrowers”), the Guarantors financial institutions party thereto to this Agreement from time to timetime as Lenders, and BANK OF AMERICA, N.A., as agent a national banking association (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“LendersBank of America”), as agent and such security trustee for the Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15September [29], 20202010, as amended (“Loan Agreement”), among SUMMER INFANTKEMET ELECTRONICS CORPORATION, INCa Delaware corporation (“U.S. Borrower”), KEMET ELECTRONICS MARKETING (S) PTE LTD., and SUMMER INFANT a Singapore corporation (USA)“Singapore Borrower” and, INC. (together with U.S. Borrower, collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement Financing Agreement, dated as of October 15February 28, 20202017 (as amended, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT (USA), INC. (collectively, “Borrowers”), the Guarantors party thereto restated or otherwise modified from time to time, BANK OF AMERICAthe "Loan Agreement"), N.A.by and among Architectural Granite & Marble, LLC, a Delaware limited liability company, ("AGM"), Pental Granite and Marble, LLC, a Washington limited liability company ("Pental" and together with AGM and each Subsidiary of AGM that executes a joinder agreement and becomes a "Borrower" thereunder, each a "Borrower" and collectively, the "Borrowers"), Cerberus Business Finance, LLC, as agent (“"Agent”") for the financial institutions from time to time party to the Loan Agreement (“"Lenders”"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“"Assignment Agreement”"), between __________________ (“"Assignor”") and ____________________ (“"Assignee”"). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s 's outstanding Term Loan (the foregoing items being, collectively, the “"Assigned Interest”"), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“"Effective Date”") indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentAGM, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAgreement. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Financing Agreement (Select Interior Concepts, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Term Loan and Security Agreement dated as of October 15November 30, 20202010, as amended (“Loan Agreement”), among SUMMER INFANTCONN APPLIANCES, INC., a Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and SUMMER INFANT (USA)CONN CREDIT CORPORATION, INC. ., a Texas corporation (collectively, “Borrowers”), the Guarantors party thereto from time to timeGA CAPITAL, BANK OF AMERICA, N.A.LLC, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% portion of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15February 27, 20202015, as amended (“Loan Agreement”), among SUMMER INFANT[BORROWER 1], INC., [BORROWER 2] and SUMMER INFANT (USA), INC. [BORROWER 3] (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan Commitments (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent Agent, and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, $ and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Casella Waste Systems Inc)
ASSIGNMENT NOTICE. Reference is made to (1i) the Third Amended and Restated Loan and Security Agreement dated as of October 15, 202020 , as amended (“Loan Agreement”), among SUMMER INFANTGLOBAL CROSSING ADVANCED CARD SERVICES, INC., GLOBAL CROSSING BANDWIDTH, INC. and SUMMER INFANT (USA)GLOBAL CROSSING TELECOMMUNICATIONS, INC. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2ii) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), ) between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% ( %) of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15February 12, 2020, 2009 as amended (“Loan Agreement”), among SUMMER INFANTMULTI-FINELINE ELECTRONIX, INC., and SUMMER INFANT (USA)a Delaware corporation, INCMULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD. (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Multi Fineline Electronix Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Second Amended and Restated Loan and Security Agreement dated as of October 15December 12, 20202016, (as amended, restated, amended (and restated, modified, renewed or extended from time to time, the “Loan Agreement”), among SUMMER INFANTAMERICA’S CAR-MART, INC., and SUMMER INFANT a Texas corporation (USA“Parent”), COLONIAL AUTO FINANCE, INC. ., an Arkansas corporation (“Colonial”), AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”), TEXAS CAR-MART, INC., a Texas corporation (“TCM”)(each of Colonial, ACM and TCM, a “Borrower”, and collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) ), lead arranger and book manager for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Second Amended and Restated Loan Credit and Security Agreement dated as of October 15December 21, 20202012, as amended (“Loan Credit Agreement”), among SUMMER INFANTTITAN INTERNATIONAL, INC., and SUMMER INFANT (USA)an Illinois corporation, INC. TITAN WHEEL CORPORATION OF ILLINOIS, an Illinois corporation, TITAN TIRE CORPORATION, an Illinois corporation, TITAN TIRE CORPORATION OF FREEPORT, an Illinois corporation, TITAN TIRE CORPORATION OF BRYAN, an Ohio corporation (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Credit Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Credit Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s 's intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s 's outstanding Revolver Loans and $___________ of Assignor’s 's participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s 's Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s 's obligations under the Loan Credit Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Credit Agreement, Agent shall deem Assignor’s 's Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO 's Revolver Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Credit Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Credit Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Credit Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15__, 20202011, as amended (“Loan Agreement”), among SUMMER INFANTAKORN, INC.. (“Akorn”), and SUMMER INFANT AKORN (USANEW JERSEY), INC. (“Akorn NJ”), AVR BUSINESS TRUST (“AVR BT”), OAK PHARMACEUTICALS, INC. (“Oak Pharma”), ADVANCED VISION RESEARCH, INC. (“AVR”), ADVANCED VISION PHARMACEUTICALS, LLC (“AVP”), AKORN OPHTHALMICS, INC., a Delaware corporation (“Akorn Ophthalmics”), the Subsidiaries of Akorn who from time to time become party to the Loan Agreement by joinder (such Subsidiaries, together with Akorn, Akorn NJ, AVR BT, Oak Pharma, AVR, AVP, and Akorn Ophthalmics, collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20_201_ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15April 28, 20202011, as amended (“Loan Agreement”), among SUMMER INFANT, INC., and SUMMER INFANT AK STEEL CORPORATION (USA), INC. (collectively, “BorrowersBorrower”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Ak Steel Holding Corp)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15____________, 20202012, as amended (the “Loan Agreement”), among SUMMER INFANTAMERICA’S CAR-MART, INC., and SUMMER INFANT a Texas corporation (USA“Parent”), COLONIAL AUTO FINANCE, INC. ., an Arkansas corporation (“Colonial”), AMERICA’S CAR MART, INC., an Arkansas corporation (“ACM”), TEXAS CAR-MART, INC., a Texas corporation (“TCM”)(each of Colonial, ACM and TCM, a “Borrower”, and collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) ), lead arranger and book manager for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15[ ], 20202009, as amended (“Loan Agreement”), among SUMMER INFANTLEAPFROG ENTERPRISES, INC., and SUMMER INFANT a Delaware corporation (USA), INC. (collectively, the “BorrowersBorrower”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers Borrower and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower AgentBorrower, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers Borrower and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Leapfrog Enterprises Inc)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan Loan, Guaranty and Security Agreement dated as of October 15September 4, 2020, (as amended, restated, amended (and restated, supplemented, or otherwise modified from time to time, the “Loan Agreement”), by and among SUMMER INFANTINARI MEDICAL, INC., a Delaware corporation (“Inari”; and SUMMER INFANT (USA)together with any other party joined thereto as a Borrower, INC. (each, a “Borrower” and collectively, the “Borrowers”), INARI MEDICAL INTERNATIONAL, INC., a Delaware corporation (“Inari International”; and together with any other party joined thereto as a Guarantor, each, a “Guarantor” and collectively, the Guarantors party thereto from time to time“Guarantors”), BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (Commitment, which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan Commitments (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.. 133315237_8
Appears in 1 contract
Samples: Loan Agreement (Inari Medical, Inc.)
ASSIGNMENT NOTICE. Reference is made to (1i) the Third Amended and Restated Loan and Security Agreement dated as of October 15March __, 20202006, as amended (“Loan Agreement”), among SUMMER INFANTMODTECH HOLDINGS, INC., a Delaware corporation (“Borrower Agent”) and SUMMER INFANT these Subsidiaries of Borrower Agent parties thereto (USA)individually, INC. (collectively, a “Borrower” and collectively “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2ii) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), ) between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents (____% %) of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan and Security Agreement dated as of October 15June 30, 20202015, as amended (“Loan Agreement”), among SUMMER INFANTHORIZON GLOBAL CORPORATION, a Delaware corporation (“Parent Borrower”), CEQUENT PERFORMANCE PRODUCTS, INC., and SUMMER INFANT a Delaware corporation (USA“Cequent Performance”), CEQUENT CONSUMER PRODUCTS, INC. ., an Ohio corporation (“Cequent Consumer” and together with Parent Borrower and Cequent Performance, collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ 20 (“Assignment AgreementAssignment”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ $ of Assignor’s outstanding Revolver Loans and $___________ $ of Assignor’s participations in LC Obligations, and (b) the amount of $__________ $ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment AgreementAssignment, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________$ , and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________$ . The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and AcceptanceAssignment. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan Agreement (Horizon Global Corp)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Fourth Amended and Restated Loan and Security Agreement dated as of October 151, 20202015, as amended (“Loan Agreement”), among SUMMER INFANT, INC., HWC WIRE & CABLE COMPANY and SUMMER INFANT (USA), INC. the domestic Subsidiaries of HWC Wire & Cable Company party thereto as borrowers (collectively, “Borrowers”), the Guarantors party thereto from time to time, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20__ (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan Commitments (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Agreement is: ________________________ ________________________ ________________________ ________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Loan and Security Agreement (Houston Wire & Cable CO)
ASSIGNMENT NOTICE. Reference is made to (1) the Third Amended and Restated Loan Credit and Security Agreement dated as of October 15February ___, 20202017, as amended (“Loan Credit Agreement”), among SUMMER INFANTTITAN INTERNATIONAL, INC., a Delaware corporation, TITAN WHEEL CORPORATION OF ILLINOIS, an Illinois corporation, TITAN TIRE CORPORATION, an Illinois corporation, TITAN TIRE CORPORATION OF FREEPORT, an Illinois corporation, TITAN TIRE CORPORATION OF XXXXX, an Ohio corporation and SUMMER INFANT (USA)TITAN TIRE CORPORATION OF UNION CITY, INC. a Tennessee corporation (collectively, “Borrowers”), the Guarantors party thereto from time to time, BMO XXXXXX BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Credit Agreement (“Lenders”), and such Lenders; and (2) the Assignment and Acceptance dated as of ________________, 20__ 20 (“Assignment Agreement”), between __________________ (“Assignor”) and ____________________ (“Assignee”). Terms are used herein as defined in the Loan Credit Agreement. Assignor hereby notifies Borrowers and Agent of Assignor’s intent to assign to Assignee pursuant to the Assignment Agreement (a) a principal amount of $________ of Assignor’s outstanding Revolver Loans and $___________ of Assignor’s participations in LC Obligations, Obligations and (b) the amount of $__________ of Assignor’s Revolver Commitment (which represents ____% of the total Revolver Commitments), (c) a principal amount of $________ of Assignor’s outstanding FILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (e) a principal amount of $__________ of Assignor’s outstanding Term Loan (the foregoing items being, collectively, the “Assigned Interest”), together with an interest in the Loan Documents corresponding to the Assigned Interest. This Agreement shall be effective as of the date (“Effective Date”) indicated below, provided this Assignment Notice is executed by Assignor, Assignee, Agent and Borrower Agent, if applicable. Pursuant to the Assignment Agreement, Assignee has expressly assumed all of Assignor’s obligations under the Loan Credit Agreement to the extent of the Assigned Interest, as of the Effective Date. For purposes of the Loan Credit Agreement, Agent shall deem Assignor’s Revolver Commitment to be reduced by $_________, and Assignee’s Revolver Commitment to be increased by $_________, Assignor’s FILO Commitment to be reduced by $_________, and Assignee’s FILO Commitment to be increased by $_________. The address of Assignee to which notices and information are to be sent under the terms of the Loan Credit Agreement is: ___________________________ ___________________________ ___________________________ ___________________________ The address of Assignee to which payments are to be sent under the terms of the Loan Credit Agreement is shown in the Assignment and Acceptance. This Notice is being delivered to Borrowers and Agent pursuant to Section 13.3 of the Loan Credit Agreement. Please acknowledge your acceptance of this Notice by executing and returning to Assignee and Assignor a copy of this Notice.
Appears in 1 contract
Samples: Credit and Security Agreement (Titan International Inc)