Common use of ASSIGNMENT NOTICE Clause in Contracts

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Security and Guaranty Agreement dated as of January 12, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank, 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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, Security and Guaranty Agreement (Transport America, Inc.), Loan, Security and Guaranty Agreement (Transport America, Inc.)

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ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Third Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12October 15, 20112020, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc.INC., a Minnesota corporation and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term LoanFILO Loans, (d) the amount of $__________ of Assignor’s FILO Commitment (which represents ____% of the total FILO Commitments), and (de) a principal amount of $ $__________ of Assignor’s outstanding Tranche B 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 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12June 28, 20112010, (as amended, amended (and restated, supplemented or otherwise modified and in effect from time to time, the “Loan Agreement”), among Transport Corporation of AmericaCAPELLA HEALTHCARE, Inc.INC., a Minnesota corporation Delaware corporation, as the borrower agent (in such capacity, the TCAMBorrower Agent”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may Borrowers from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americaparty 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $________. 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 (1) the Loan, Security and Guaranty Agreement dated as of January 12, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLCInc. (f/k/a Saints Acquisition, Inc.), an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. corporation (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank, 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), and (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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, Security and Guaranty Agreement (Transport America, Inc.), Loan, Security and Guaranty Agreement (Transport America, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12April 19, 20112018, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUPER MICRO COMPUTER, Inc.INC., a Minnesota Delaware corporation (“TCAMSMCI”, together with any other party joined hereto after the U.S. Closing Date as a “U.S. Borrower”, individually, each a “U.S. Borrower” and collectively, the “U.S. Borrowers”), TCA of Ohioupon the Dutch Closing Date, Inc.SUPER MICRO COMPUTER B.V., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama private limited liability company formed under the laws of the Netherlands and registered with the Trade Register of the Dutch Chamber of Commerce under number 17102792 (“Xxxxx;SMCI BV”, together with any other party joined hereto after the Dutch Closing Date as a “Dutch Borrower”, individually, each a “Dutch BorrowerTCAMand collectively, TCAOthe “Dutch Borrowers”, TA Logistics, FV Leasing, SoCal and Xxxxx eachtogether with U.S. Borrowers, individually, a “Borrower” and, collectively, the “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 2 contracts

Samples: Loan and Security Agreement (Super Micro Computer, Inc.), Loan and Security Agreement (Super Micro Computer, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Second Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12June 15, 20112012, as amended (“Loan Agreement”), among Transport Corporation of AmericaAGY HOLDING CORP., Inc., a Minnesota corporation AGY AIKEN LLC and AGY HUNTINGDON LLC (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp.UBS AG, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (AGY Holding Corp.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12April 21, 20112015, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc.INC., a Minnesota corporation and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term LoanFILO Loans, (d) the amount of $ of Assignor’s FILO Commitment (which represents % of the total FILO Commitments), and (de) a principal amount of $ of Assignor’s outstanding Tranche B 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 (Summer Infant, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12, 201120 , as amended (“Loan Agreement”), among Transport Corporation of AmericaCONN-SELMER, Inc.INC. and STEINWAY, a Minnesota corporation INC. (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), and such Lenders; and (2) the Assignment and Acceptance Assumption 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (1i) the Loan, Loan and Security and Guaranty Agreement dated as of January 12November 9, 20112006, as amended ("Loan Agreement"), among Transport Corporation of AmericaBAIRNCO CORPORATION, Inc.AXXXX, a Minnesota corporation INC., KASCO CORPORATION, BXXXXXX & GXXX GmbH, ATLANTIC SERVICE CO. LTD., ATLANTIC SERVICE CO. (“TCAM”UK) LTD. and EUROKASCO S.A. (collectively, "Borrowers"), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), 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 '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 's outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s '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 (Bairnco Corp /De/)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12June 30, 20112010, as amended (“Loan Agreement”), among Transport Corporation of AmericaOLYMPIC STEEL, Inc.INC., an Ohio corporation (“Olympic Steel”), OLYMPIC STEEL LAFAYETTE, INC., an Ohio corporation (“Olympic Lafayette”), OLYMPIC STEEL MINNEAPOLIS, INC., a Minnesota corporation (“TCAMOlympic Minneapolis”), TCA of OhioOLYMPIC STEEL IOWA, Inc.INC., a Minnesota an Iowa corporation (“TCAOOlympic Iowa”), TA LogisticsOLY STEEL WELDING, Inc.INC., a Minnesota Michigan corporation (“TA LogisticsOly Welding”), FV Leasing CompanyOLY STEEL NC, INC., a Minnesota Delaware corporation (“FV LeasingOly NC”), Southern Cal TransportXXXXXXX GROUP-PS&W, LLCINC., an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. a North Carolina corporation (“SoCalXxxxxxx Group”), Xxxxx LeasingIS ACQUISITION, LLCINC., an Alabama limited liability company Ohio corporation (“Xxxxx;” TCAMIS Acquisition”, TCAOand together with Olympic Steel, TA LogisticsOlympic Lafayette, FV LeasingOlympic Minneapolis, SoCal Olympic Iowa, Oly Welding, Oly NC and Xxxxx each, individually, a “Borrower” andXxxxxxx Group, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), and such Lenders; and (2) the Assignment and Acceptance dated as of , 20 (“Assignment 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Olympic Steel Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12July 16, 20112019, as amended (“Loan Agreement”), among Transport Corporation of AmericaINNERWORKINGS, Inc.INC., a Minnesota Delaware corporation (the “Company”), EYELEVEL, INC., an Oregon corporation (“TCAMEyelevel”, and together with the Company, (the “US Borrowers”), TCA of Ohio, Inc.INNERWORKINGS EUROPE LIMITED, a Minnesota corporation limited liability company incorporated in England and Wales with company number 01845737 (“TCAOINWK Europe”), TA Logistics, Inc.PROFESSIONAL PACKAGING SERVICES LTD., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company incorporated in England and Wales with company number 01567813 (“Xxxxx;PPSTCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” andtogether with INWK Europe, collectively, “UK Borrowers” and together with the US Borrowers, collectively, the “Borrowers”), Patriot Holding Corp.INNERWORKINGS CANADA, INC., an Ontario corporation (“InnerWorkings Canada”), as a Minnesota corporationGuarantor, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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, 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 later of (a) the fifth Business Day following delivery of this Assignment Notice to Agent and (b) delivery of a customary administrative detail questionnaire with respect to Assignee and all information required for completion of “know your customer” requirements by Agent with respect to such Assignee (“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 $ $_________. 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 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 and Security Agreement (Innerworkings Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12November __, 20112010, as amended (“Loan Agreement”), among Transport Corporation of AmericaCONN APPLIANCES, Inc.INC., a Minnesota Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and CONN CREDIT CORPORATION, INC., a Texas corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Conns Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Guaranty and Security and Guaranty Agreement dated as of January 12September 4, 20112020, (as amended, restated, amended (and restated, supplemented, or otherwise modified from time to time, the “Loan Agreement”), by and among Transport Corporation of AmericaINARI MEDICAL, Inc.INC., a Minnesota Delaware corporation (“TCAMInari); and together with any other party joined thereto as a Borrower, TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, and collectively, the “Borrowers”), Patriot Holding Corp.INARI MEDICAL INTERNATIONAL, INC., a Minnesota corporation, such Delaware corporation (“Inari International”; and together with any other persons as may from time to time be parties party joined thereto as a Guarantor, each, a BorrowersGuarantorand/or and collectively, the “Guarantors,” Bank of America”), BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 (Commitment, which represents ____% of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’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.. 133315237_8

Appears in 1 contract

Samples: Loan Agreement (Inari Medical, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Security and Guaranty Guarantee Agreement dated as of January 12November 16, 20112022, as amended (“Loan Agreement”), among Transport Corporation of AmericaAPPLIED OPTOELECTRONICS, Inc.INC., a Minnesota Delaware corporation (“TCAMAOI), TCA of Ohioand together with any other Person from time to time designated as a borrower thereunder, Inc.collectively, a Minnesota corporation (the TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;BorrowersTCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A., as agent (“Agent”) for the financial institutions 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 (“Lenders”) and as Issuing Bank, and such Lenders; and (2) the Assignment and Acceptance dated as of , 20 (“Assignment AgreementCNC”), between as agent for the Secured Parties (in such capacity, 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12June 30, 20112015, as amended (“Loan Agreement”), among Transport Corporation of AmericaSKECHERS U.S.A., INC., a Delaware corporation (“Skechers”), Skechers U.S.A., Inc. II, a Delaware corporation (“Skechers II”), Skechers by Mail, Inc., a Minnesota Delaware corporation (“TCAMSkechers By Mail” and, together with Skechers and Skechers II, collectively, the “Borrowers” and, individually, each a “Borrower”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may Persons party thereto from time to time be parties thereto as “Borrowers” and/or Guarantors (the “Guarantors,” Bank of America”), 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 as Issuing Bank, and such Lenders); and (2) the Assignment and Acceptance dated as of , 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Skechers Usa Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January May 12, 20112017 (as amended, as restated, amended (and restated, supplemented and otherwise modified from time to time, the “Loan Agreement”), among Transport Corporation of America, Inc.Hydrofarm Holdings LLC, a Minnesota corporation Delaware limited liability company (“ Initial Borrower” or TCAMHoldings); immediately upon consummation of the Closing Date Acquisition and execution of the Assumption Agreement, TCA of Ohio, Inc., Initial Borrower shall be succeeded as a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportBorrower thereunder by Hydrofarm, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama a California limited liability company (“Xxxxx;” TCAMBorrower Agent ”), TCAOEHH Holdings, TA LogisticsLLC, FV Leasinga Delaware limited liability company (“EHH”), SoCal SunBlaster, LLC, a Delaware limited liability company (“SunBlaster ”), and Xxxxx eachWJCO LLC, individuallya Colorado limited liability company (“ WJCO”); Borrower Agent, 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”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may parties from time to time be parties signatory thereto as “Borrowers” and/or “Guarantors,” Obligors, the financial institutions party thereto from time to time as Lenders, and 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 as Issuing Bank, 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (1i) the Loan, Loan and Security and Guaranty Agreement dated as of January April 12, 20112006, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.KELLWOOD COMPANY, a Minnesota Delaware corporation (“TCAMBorrower Representative”), TCA of OhioAMERICAN RECREATION PRODUCTS, INC., a Delaware corporation, BRIGGS NEW YORX, XXX., a Delaware corporation, GERBER CHILDRENSWEAR, INC., a Delaware corporation, HALMODE APPAREL, INC., a Delaware corporation, KWD HOLDINGS, INC., a Delaware corporation, KELLWOOD FINANCIAL RESOURCES, INC. (formerly known as Newkell, Inc.), a Minnesota corporation (“TCAO”)Delaware corporation, TA LogisticsKELLWOOD RETAIL GROUP, Inc.INC., a Minnesota corporation (“TA Logistics”)Delaware corporation, FV Leasing CompanyKORET OF CALIFORNIA, INC., a Minnesota corporation (“FV Leasing”)California corporation, Southern Cal TransportNEW CAMPAIGN, INC., a Delaware corporation, PHAT FASHIONS LLC, an Alabama a New York limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, PHAT LICENSING LLC, an Alabama a New York limited liability company and SIERRA DESIGNS ACQUISITION CORPORATION, a Delaware corporation (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, each a “Borrower” and, collectivelyand collectively with Borrower Representative, “Borrowers”), Patriot Holding Corp.the other Obligors party thereto, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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, 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 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 shall deem Assignor’s Revolver Commitment to be reduced by $ $_________, and Assignee’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 (Kellwood Co)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12April 28, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation AK STEEL CORPORATION (“TCAMBorrower”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12October 25, 20112010, as amended (“Loan Agreement”), among Transport Corporation of AmericaP&F INDUSTRIES, Inc.INC., a Minnesota Delaware corporation (“TCAMP&F”), TCA of Ohio, Inc.FLORIDA PNEUMATIC MANAFUACTURING CORPORATION, a Minnesota Florida corporation (“TCAOFlorida Pneumatic”), TA LogisticsHY-TECH MACHINE, Inc.INC., a Minnesota Delaware corporation (“TA LogisticsHy-Tech”), FV Leasing Companyand NATIONWIDE INDUSTRIES, INC., a Minnesota Florida corporation (“FV LeasingNationwide), Southern Cal Transportand together with P&F, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal Florida Pneumatic and Xxxxx each, individually, a “Borrower” andHy-Tech, collectively, “Borrowers” and each, a “Borrower”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americaparty thereto, N.A.CAPITAL ONE LEVERAGE FINANCE CORP., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (P&f Industries Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12February 22, 20112008, as amended (“Loan Agreement”), among Transport Corporation of AmericaBOISE CASCADE, Inc.L.L.C., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama Delaware limited liability company (“Xxxxx;” TCAMBoise Cascade”), TCAOBOISE BUILDING SOLUTIONS DISTRIBUTION, TA Logistics, FV Leasing, SoCal and Xxxxx each, individuallyL.L.C., a Delaware limited liability company (Borrower” andBoise Distribution”), and BOISE BUILDING SOLUTIONS MANUFACTURING, L.L.C., a Delaware limited liability company (“Boise Manufacturing”, and together with Boise Cascade and Boise Distribution, collectively, “Borrowers”), Patriot Holding Corp.BOISE BUILDING SOLUTIONS MANUFACTURING HOLDINGS CORP., a Minnesota corporationDelaware corporation (“Boise Manufacturing Holdings”), such other persons as may from time to time be parties thereto as BC CHILE INVESTMENT CORPORATION, a Delaware corporation (Borrowers” and/or BC Chile Investment”), and BC BRAZIL INVESTMENT CORPORATION, a Delaware corporation (“BC Brazil Investment”, and together with Boise Manufacturing Holdings and BC Chile Investment, collectively, “Guarantors,” Bank of America”), BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Boise Cascade Holdings, L.L.C.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12March 28, 2011, as amended ("Loan Agreement"), among Transport Corporation of AmericaFFE TRANSPORTATION SERVICES, Inc.INC., a Minnesota Delaware corporation (“TCAM”"FFE"), TCA of OhioXXXX MOTOR LINES, Inc.INC., a Minnesota Delaware corporation (“TCAO”"LML"), TA Logistics, Inc.XXXXXXX CORPORATION, a Minnesota Delaware corporation (“TA Logistics”"Xxxxxxx"), FV Leasing CompanyFFE LOGISTICS, INC., a Minnesota Delaware corporation (“FV Leasing”)"Logistics") (each of FFE, Southern Cal TransportLML, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal Xxxxxxx and Xxxxx eachLogistics is, individually, a "Borrower” and" and they are, collectively, "Borrowers"), Patriot Holding Corp.FROZEN FOOD EXPRESS INDUSTRIES, a Minnesota corporationINC. ("Parent") and certain additional Subsidiaries of Parent, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americaguarantors, BANK OF AMERICA, N.A., as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), 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 '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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s '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 (1i) the Loan, Security Fifth Amended and Guaranty Restated Term Loan Agreement dated as of January 12June , 20112013, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.KELLWOOD COMPANY, a Minnesota Delaware corporation (“TCAMBorrower Representative”), TCA each of Ohiothe other Borrowers signatory thereto (collectively with Borrower Representative, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, the “Borrowers”), Patriot Holding Corp.the other Obligors party thereto, a Minnesota corporationSUN KELLWOOD FINANCE, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.LLC, as collateral agent (“Collateral Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank, each Lender and such LendersLenders party thereto; 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 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 Tranche A Term [B]/[C]/[D]/[E]/[F]/[G] Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 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 $ . 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

Samples: Term Loan Agreement (Apparel Holding Corp.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 1228, 20112022, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc., a Minnesota corporation INC. and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, N.A.WYNNEFIELD CAPITAL, INC., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s Revolver 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

Samples: Subordination Agreement (Summer Infant, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12November 4, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportINSTALLED BUILDING PRODUCTS, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama a Delaware limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “BorrowersBorrower Agent”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may Borrowers from time to time be parties thereto as party there to, CCIB HOLDCO, INC., a Delaware corporation (Borrowers” and/or “Guarantors,” Bank of AmericaParent”), the other 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 as Issuing Bank), 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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12September [29], 20112010, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.KEMET ELECTRONICS CORPORATION, a Minnesota Delaware corporation (“TCAMU.S. Borrower”), TCA of Ohio, Inc.KEMET ELECTRONICS MARKETING (S) PTE LTD., a Minnesota Singapore corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Singapore Borrower” and, together with U.S. Borrower, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Kemet Corp)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Second Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12September 26, 20112012, as amended (“Loan Agreement”), among Transport Corporation of AmericaCONN APPLIANCES, Inc.INC., a Minnesota Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and CONN CREDIT CORPORATION, INC., a Texas corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Conns Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12October 26, 20112015, as amended ("Loan Agreement"), among Transport Corporation of AmericaNORTHWEST PIPE COMPANY, Inc.an Oregon corporation ("Borrower 1") and PERMALOK CORPORATION, a Minnesota Missouri corporation (“TCAM”"Borrower 2" and together with Borrower 1, collectively "Borrowers"), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s '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 (Northwest Pipe Co)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12, 201120__, as amended (“Loan Agreement”), among Transport Corporation of AmericaNAUTILUS, Inc., a Minnesota corporation INC. and NAUTILUS INTERNATIONAL S.A. (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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), and (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Nautilus, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12September 30, 2011, as amended (“Loan Agreement”), among Transport Corporation HWC WIRE & CABLE COMPANY and the domestic Subsidiaries of America, Inc., a Minnesota corporation HWC Wire & Cable Company party thereto as borrowers (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12March 17, 20112014, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation AK STEEL CORPORATION (“TCAMBorrower”), TCA of Ohiothe Borrowing Base Guarantors party thereto, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 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 $ and $__________ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B Term Loan Revolver Commitment (which represents ____% of the total Tranche B Revolver 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 (a) Assignor’s Tranche A Revolver Commitment to be reduced by $ $_________, and Assignee’s 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 (1i) the Loan, Loan and Security and Guaranty Agreement dated as of January 12, 201120 , as amended (“Loan Agreement”), among Transport Corporation of AmericaGLOBAL CROSSING ADVANCED CARD SERVICES, Inc.INC., a Minnesota corporation GLOBAL CROSSING BANDWIDTH, INC. and GLOBAL CROSSING TELECOMMUNICATIONS, INC. (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Global Crossing LTD)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Third Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12October 30, 20112015, as amended (“Loan Agreement”), among Transport Corporation of AmericaCONN’S, Inc.INC., a Minnesota Delaware corporation, as parent and guarantor (“Parent”), CONN APPLIANCES, INC., a Texas corporation (“TCAMCAI”), TCA of OhioCONN CREDIT I, Inc.LP, a Minnesota Texas limited partnership (“CCI”), and CONN CREDIT CORPORATION, INC., a Texas corporation (“TCAOCCCI), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” andtogether with CAI and CCI, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 (which represents % of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Conns Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12February 21, 20112017, as amended (“Loan Agreement”), among Transport Corporation of AmericaALLIANCE ENTERTAINMENT HOLDING CORPORATION, Inc.PROJECT PANTHER ACQUISITION CORPORATION, a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportAEC DIRECT, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx LeasingALLIANCE ENTERTAINMENT, LLC, an Alabama limited liability company and DIRECTTOU, LLC, (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), and such Lenders; and (2) the Assignment and Acceptance dated as of , 20 (“Assignment AgreementAssignment”), between 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 LoanFinancing Agreement, Security and Guaranty Agreement dated as of January 12February 28, 20112017 (as amended, as amended (“restated or otherwise modified from time to time, the "Loan Agreement"), by and among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportArchitectural Granite & Marble, LLC, an Alabama a Delaware limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”"AGM"), Xxxxx LeasingPental Granite and Marble, LLC, an Alabama a Washington limited liability company (“Xxxxx;” TCAM"Pental" and together with AGM and each Subsidiary of AGM that executes a joinder agreement and becomes a "Borrower" thereunder, TCAO, TA Logistics, FV Leasing, SoCal each a "Borrower" and Xxxxx each, individually, a “Borrower” and, collectively, the "Borrowers"), Patriot Holding Corp.Cerberus Business Finance, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.LLC, as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), 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 '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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ , and Assignee’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 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12February 20, 20112007, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation AK STEEL CORPORATION (“TCAMBorrower”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Security and Guaranty Guarantee Agreement dated as of January 12March 26, 20112020, as amended (“Loan Agreement”), among Transport Corporation of AmericaAUTOWEB, Inc.INC., a Minnesota Delaware corporation (“TCAMAutoWeb”), TCA of Ohioand any other Person from time to time joined thereto as a Borrower (together with AutoWeb, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such the other persons as may Persons from time to time be parties thereto party to the Loan Agreement as “Borrowers” and/or “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 as Issuing Bank), 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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12November 4, 20112010, as amended (the “Loan Agreement”), among Transport Corporation of AmericaAMERICA’S CAR-MART, Inc.INC., a Minnesota Texas corporation (“TCAMParent”), TCA of OhioCOLONIAL AUTO FINANCE, Inc.INC., a Minnesota an Arkansas corporation (“TCAOColonial”), TA LogisticsAMERICA’S CAR MART, Inc.INC., a Minnesota an Arkansas corporation (“TA LogisticsACM”), FV Leasing CompanyTEXAS CAR-MART, INC., a Minnesota Texas corporation (“FV Leasing”)TCM”)(each of Colonial, Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal ACM and Xxxxx each, individuallyTCM, a “Borrower” and, and collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF ARKANSAS, 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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

Samples: Loan and Security Agreement (Americas Carmart Inc)

ASSIGNMENT NOTICE. Reference is made to (1i) the Loan, Loan and Security and Guaranty Agreement dated as of January 12March __, 20112006, as amended (“Loan Agreement”), among Transport Corporation of AmericaMODTECH HOLDINGS, Inc.INC., a Minnesota Delaware corporation (“TCAMBorrower Agent), TCA ) and these Subsidiaries of Ohio, Inc., a Minnesota corporation Borrower Agent parties thereto (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, and collectively “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Modtech Holdings Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Guaranty and Security and Guaranty Agreement dated as of January 12February 9, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation TRIDENT MICROSYSTEMS (HONG KONG) LIMITED (“TCAMBorrower”), TCA certain Affiliates of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may Borrower from time to time be parties party thereto as “Borrowers” and/or “Guarantors,” Bank of America, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12, 201120 , as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc.INC., a Minnesota corporation and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Summer Infant, Inc.)

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ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12October __, 2011, as amended (“Loan Agreement”), among Transport Corporation of AmericaAKORN, Inc.INC. (“Akorn”), AKORN (NEW 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 Minnesota Delaware corporation (“TCAMAkorn Ophthalmics”), TCA the Subsidiaries of OhioAkorn who from time to time become party to the Loan Agreement by joinder (such Subsidiaries, Inc.together with Akorn, a Minnesota corporation (“TCAO”)Akorn NJ, TA LogisticsAVR BT, Inc.Oak Pharma, a Minnesota corporation (“TA Logistics”)AVR, FV Leasing CompanyAVP, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” andAkorn Ophthalmics, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Akorn Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12[ ], 20112009, as amended (“Loan Agreement”), among Transport Corporation of AmericaLEAPFROG ENTERPRISES, Inc.INC., a Minnesota Delaware corporation (the TCAMBorrower”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Third Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12December 8, 20112017, as amended (the “Loan Agreement”), among Transport Corporation of AmericaOLYMPIC STEEL, Inc.INC., a Minnesota an Ohio corporation (“TCAMOlympic Steel”), TCA of Ohioand the other Borrowers party thereto, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal the Lenders party thereto and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank, and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s [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

Samples: Loan and Security Agreement (Olympic Steel Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12February 22, 20112008, as amended (“Loan Agreement”), among Transport Corporation of AmericaBOISE CASCADE, Inc.L.L.C., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama Delaware limited liability company (“Xxxxx;” TCAMBoise Cascade”), TCAOBOISE BUILDING SOLUTIONS DISTRIBUTION, TA Logistics, FV Leasing, SoCal and Xxxxx each, individuallyL.L.C., a Delaware limited liability company (Borrower” andBoise Distribution”), and BOISE BUILDING SOLUTIONS MANUFACTURING, L.L.C., a Delaware limited liability company (“Boise Manufacturing”, and together with Boise Cascade and Boise Distribution, collectively, “Borrowers”), Patriot Holding Corp.BOISE BUILDING SOLUTIONS MANUFACTURING HOLDINGS CORP., a Minnesota corporationDelaware corporation (“Boise Manufacturing Holdings”), such other persons as may from time to time be parties thereto as BC CHILE INVESTMENT CORPORATION, a Delaware corporation (Borrowers” and/or BC Chile Investment”), and BC BRAZIL INVESTMENT CORPORATION, a Delaware corporation (“BC Brazil Investment”, and together with Boise Manufacturing Holdings and BC Chile Investment, collectively, “Guarantors,” Bank of America”), BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Boise Cascade Holdings, L.L.C.)

ASSIGNMENT NOTICE. Reference is made to (1) the LoanFinancing Agreement, Security and Guaranty Agreement dated as of January 12February 28, 20112017 (as amended, as amended (“restated or otherwise modified from time to time, the "Loan Agreement"), by and among Transport Corporation of America, Inc., a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportArchitectural Granite & Marble, LLC, an Alabama a Delaware limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”"AGM"), Xxxxx LeasingPental Granite and Marble, LLC, an Alabama a Washington limited liability company (“Xxxxx;” TCAM"Pental" and together with AGM and each Subsidiary of AGM that executes a joinder agreement and becomes a "Borrower" thereunder, TCAO, TA Logistics, FV Leasing, SoCal each a "Borrower" and Xxxxx each, individually, a “Borrower” and, collectively, the "Borrowers"), Patriot Holding Corp.Cerberus Business Finance, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.LLC, as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), 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 '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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ , and Assignee’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 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12November 4, 20112010, as amended (the “Loan Agreement”), among Transport Corporation of AmericaAMERICA’S CAR-MART, Inc.INC., a Minnesota Texas corporation (“TCAMParent”), TCA of OhioCOLONIAL AUTO FINANCE, Inc.INC., a Minnesota an Arkansas corporation (“TCAOColonial”), TA LogisticsAMERICA’S CAR MART, Inc.INC., a Minnesota an Arkansas corporation (“TA LogisticsACM”), FV Leasing CompanyTEXAS CAR-MART, INC., a Minnesota Texas corporation (“FV Leasing”)TCM”)(each of Colonial, Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal ACM and Xxxxx each, individuallyTCM, a “Borrower” and, and collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF ARKANSAS, 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Americas Carmart Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12February 27, 20112015, as amended (“Loan Agreement”), among Transport Corporation of America[BORROWER 1], Inc., a Minnesota corporation [BORROWER 2] and [BORROWER 3] (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 (which represents % of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12_______, 20112019, as amended ("Loan Agreement"), among Transport Corporation of AmericaINNERWORKINGS, Inc.INC., a Minnesota Delaware corporation (“TCAM”the "Company" and, together with any other Person joined thereto as a Borrower after the Closing Date, collectively, the "Borrowers" and each a "Borrower"), TCA of OhioEYELEVEL, Inc.INC., an Oregon corporation ("Eyelevel"), INNERWORKINGS EMEA HOLDINGS LP, a Minnesota corporation limited partnership under the laws of England and Wales with company number LP014693 (“TCAO”"EMEA Holdings"), TA Logistics, Inc.INNERWORKINGS EUROPE LIMITED, a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company incorporated in England and Wales with company number 01845737 (“Xxxxx;” TCAM"INWK Europe"), TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individuallyPROFESSIONAL PACKAGING SERVICES LTD., a “Borrower” and, collectively, “Borrowers”limited liability company incorporated in England and Wales with company number 01567813 ("PPS"), Patriot Holding Corp.and INNERWORKINGS CANADA, INC., an Ontario corporation ("InnerWorkings Canada"), each as a Minnesota corporationGuarantor, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.TCW ASSET MANAGEMENT COMPANY LLC, as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20 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) Assignment, a principal amount of $ $________ of Assignor’s '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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 later of (a) the fifth Business Day following delivery of this Assignment Notice to Agent and (b) delivery of a customary administrative detail questionnaire with respect to Assignee and all information required for completion of "know your customer" requirements by Agent with respect to such Assignee ("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 Revolver Commitment 's Loans to be reduced by $ $_________, and Assignee’s Revolver Commitment 's Loans 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 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 and Security Agreement (Innerworkings Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Security and Guaranty Guarantee Agreement dated as of January 12May 14, 20112021, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation GEE GROUP INC. (“TCAMGEE Group), TCA ) and certain of Ohio, Inc., a Minnesota corporation its Subsidiaries (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp.CIT BANK, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank N.A.a division of America, N.A.FIRST-CITIZENS BANK & TRUST COMPANY, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $____________. 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 Loan, Term Loan and Security and Guaranty Agreement dated as of January 12November 30, 20112010, as amended (“Loan Agreement”), among Transport Corporation of AmericaCONN APPLIANCES, Inc.INC., a Minnesota Texas corporation, CONN CREDIT I, LP, a Texas limited partnership, and CONN CREDIT CORPORATION, INC., a Texas corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp.GA CAPITAL, a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.LLC, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 % portion of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Conns Inc)

ASSIGNMENT NOTICE. Reference is made to (1i) the Loan, Security Amended and Guaranty Restated Term A Loan Agreement dated as of January 12October 19, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.KELLWOOD COMPANY, a Minnesota Delaware corporation (“TCAMBorrower Representative”), TCA each of Ohiothe other Borrowers signatory thereto (collectively with Borrower Representative, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, the “Borrowers”), Patriot Holding Corp.the other Obligors party thereto, a Minnesota corporationSUN KELLWOOD FINANCE, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of America, N.A.LLC, as collateral agent (“Collateral Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank, each Lender and such LendersLenders party thereto; 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 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 Tranche Term A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 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 $ . 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

Samples: Term Loan Agreement (Apparel Holding Corp.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Second Amended and Restated Credit and Security and Guaranty Agreement dated as of January 12December 21, 20112012, as amended (“Loan Credit Agreement”), among Transport Corporation of AmericaTITAN INTERNATIONAL, Inc.INC., a Minnesota an Illinois 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 BRYAN, an Ohio corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Credit Agreement (“Lenders”) and as Issuing Bank), 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 '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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s '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 Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12____________, 20112012, as amended (the “Loan Agreement”), among Transport Corporation of AmericaAMERICA’S CAR-MART, Inc.INC., a Minnesota Texas corporation (“TCAMParent”), TCA of OhioCOLONIAL AUTO FINANCE, Inc.INC., a Minnesota an Arkansas corporation (“TCAOColonial”), TA LogisticsAMERICA’S CAR MART, Inc.INC., a Minnesota an Arkansas corporation (“TA LogisticsACM”), FV Leasing CompanyTEXAS CAR-MART, INC., a Minnesota Texas corporation (“FV Leasing”)TCM”)(each of Colonial, Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal ACM and Xxxxx each, individuallyTCM, a “Borrower” and, and collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Americas Carmart Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12July 27, 2011, as amended (“Loan Agreement”), among Transport Corporation of America, Inc., a Minnesota corporation XXXXXX TIRE & RUBBER COMPANY (“TCAMCooper”), TCA of OhioMAX-TRAC TIRE CO., Inc., a Minnesota corporation INC. (“TCAOMax-Trac), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” andtogether with Cooper, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Fourth Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12October 1, 20112015, as amended (“Loan Agreement”), among Transport Corporation HWC WIRE & CABLE COMPANY and the domestic Subsidiaries of America, Inc., a Minnesota corporation HWC Wire & Cable Company party thereto as borrowers (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12February 21, 20112017, as amended ("Loan Agreement"), among Transport Corporation of AmericaALLIANCE ENTERTAINMENT HOLDING CORPORATION, Inc.PROJECT PANTHER ACQUISITION CORPORATION, a Minnesota corporation (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal TransportAEC DIRECT, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx LeasingALLIANCE ENTERTAINMENT, LLC, an Alabama limited liability company and DIRECTTOU, LLC, (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, "Borrowers"), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent ("Agent") for the financial institutions from time to time party to the Loan Agreement ("Lenders”) and as Issuing Bank"), and such Lenders; and (2) the Assignment and Acceptance dated as of ____________, 20 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________, and Assignee’s '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 Loan, Loan and Security and Guaranty Agreement dated as of January 12May 9, 20112008, as amended (“Loan Agreement”), among Transport Corporation of AmericaMERIX CORPORATION, Inc., a Minnesota an Oregon corporation (“TCAMBorrower”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 and Security Agreement (Merix Corp)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12May 10, 20112010, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.SPANSION INC., a Minnesota Delaware corporation (“TCAMParent”), TCA of Ohio, Inc.SPANSION LLC, a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama Delaware limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal Spansion”) and Xxxxx eachcertain of Spansion’s subsidiaries party hereto (such subsidiaries together with Spansion, individually, a “Borrower” and, collectively, the “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Spansion Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Term Loan and Security and Guaranty Agreement dated as of January 12June 28, 20112018, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc.INC., a Minnesota corporation and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, N.A.PATHLIGHT CAPITAL LLC, as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Security and Guaranty Loan Agreement dated as of January 12June 30, 20112015, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.HORIZON GLOBAL CORPORATION, a Minnesota Delaware corporation (“TCAMParent Borrower”), TCA of OhioCEQUENT PERFORMANCE PRODUCTS, Inc.INC., a Minnesota Delaware corporation (“TCAOCequent Performance”), TA LogisticsCEQUENT CONSUMER PRODUCTS, Inc.INC., a Minnesota an Ohio corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;Cequent ConsumerTCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” andtogether with Parent Borrower and Cequent Performance, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 (which represents % of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Loan and Security and Guaranty Agreement dated as of January 12June 30, 20112009, as amended (“Loan Agreement”), among Transport Corporation of America, Inc.THQ INC., a Minnesota Delaware corporation (“TCAM”)THQ” and, TCA of Ohiotogether with any other Person at any time after the date hereof becomes a Borrower in accordance with the terms hereof, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, each individually a “Borrower” and, (and collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $[_________]. 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 (THQ Inc)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January 12, 201120 , as amended (“Loan Agreement”), among Transport Corporation of America[BORROWER 1], Inc., a Minnesota corporation [BORROWER 2] and [BORROWER 3] (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 (which represents % of the total Revolver Commitments), (c) a principal amount of $ of Assignor’s outstanding Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Second Amended and Restated Loan and Security and Guaranty Agreement dated as of January 12June , 20112018, as amended (“Loan Agreement”), among Transport Corporation of AmericaSUMMER INFANT, Inc.INC., a Minnesota corporation and SUMMER INFANT (“TCAM”USA), TCA of Ohio, Inc., a Minnesota corporation INC. (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may the Guarantors party thereto from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of Americatime, BANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 (Summer Infant, Inc.)

ASSIGNMENT NOTICE. Reference is made to (1) the Loan, Loan and Security and Guaranty Agreement dated as of January February 12, 2011, 2009 as amended (“Loan Agreement”), among Transport Corporation of AmericaMULTI-FINELINE ELECTRONIX, Inc.INC., a Minnesota corporation Delaware corporation, MULTI-FINELINE ELECTRONIX SINGAPORE PTE. LTD. (“TCAM”), TCA of Ohio, Inc., a Minnesota corporation (“TCAO”), TA Logistics, Inc., a Minnesota corporation (“TA Logistics”), FV Leasing Company, a Minnesota corporation (“FV Leasing”), Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal and Xxxxx each, individually, a “Borrower” and, collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK OF AMERICA, N.A., as agent (“Agent”) for the financial institutions from time to time party to the Loan Agreement (“Lenders”) and as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ . 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 Loan, Second Amended and Restated Loan and Security and Guaranty Agreement dated as of January December 12, 20112016, (as amended, restated, amended (and restated, modified, renewed or extended from time to time, the “Loan Agreement”), among Transport Corporation of AmericaAMERICA’S CAR-MART, Inc.INC., a Minnesota Texas corporation (“TCAMParent”), TCA of OhioCOLONIAL AUTO FINANCE, Inc.INC., a Minnesota an Arkansas corporation (“TCAOColonial”), TA LogisticsAMERICA’S CAR MART, Inc.INC., a Minnesota an Arkansas corporation (“TA LogisticsACM”), FV Leasing CompanyTEXAS CAR-MART, INC., a Minnesota Texas corporation (“FV Leasing”)TCM”)(each of Colonial, Southern Cal Transport, LLC, an Alabama limited liability company, as successor in interest to Southern Cal Transport, Inc. (“SoCal”), Xxxxx Leasing, LLC, an Alabama limited liability company (“Xxxxx;” TCAM, TCAO, TA Logistics, FV Leasing, SoCal ACM and Xxxxx each, individuallyTCM, a “Borrower” and, and collectively, “Borrowers”), Patriot Holding Corp., a Minnesota corporation, such other persons as may from time to time be parties thereto as “Borrowers” and/or “Guarantors,” Bank of AmericaBANK 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 as Issuing Bank), 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 Tranche A Term Loan, and (d) a principal amount of $ of Assignor’s outstanding Tranche B 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 $ $_________. 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 (Americas Carmart Inc)

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