Assignment of Commitment. This Commitment is not assignable by Seller/Lessee except to its parent or its affiliates. The Company may assign this Commitment in whole or part to an affiliate of the Company without Seller/Lessee's consent; however in the event of such assignment, Company shall remain responsible for its obligations hereunder.
Assignment of Commitment. In connection with the execution and delivery of this Amendment, Royal Bank of Canada (“Assignor”) is not continuing as a Lender under the Credit Agreement. Simultaneously with the effectiveness of this Amendment, Assignor hereby irrevocably sells and assigns to KeyBank, National Association, PNC Bank, National Association, U.S. Bank National Association, BMO Xxxxxx Bank, N.A. and Regions Bank (each an “Assignee”, and collectively the “Assignees”), and each Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions attached to and made a part of the form of Assignment and Assumption attached to the Credit Agreement as Exhibit 1.01, which terms and conditions are hereby incorporated herein and made a part hereof, and the Credit Agreement (i) a portion of the Assignor’s rights and obligations as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent as to each Assignee related to the amount and percentage interest identified in Exhibit A to this Amendment of all of such outstanding rights and obligations of the Assignor under the respective facilities identified on Exhibit A (including, without limitation, the Letters of Credit and the Guarantees included in such facilities) and (ii) to the extent permitted to be assigned under applicable Law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in the Standard Terms and Conditions incorporated herein, without representation or warranty by the Assignor. On the Amendment Effective Date, the Assignees shall severally pay to Assignor the outstanding principal balance of outstanding Revolving Loans made...
Assignment of Commitment. Borrower will not, directly or indirectly, unless approved in writing by Lenders in advance, assign or attempt to assign its rights or obligations under this Agreement or any documents executed in connection with this Agreement.
Assignment of Commitment. This Commitment shall not be assignable or assigned by Borrower to any other person or entity without the express written consent of BMFLP and any 6 attempted assignment of this Commitment shall automatically terminate this Commitment. Upon such termination, BMFLP shall retain all amounts previously received as liquidated damages. BMFLP may assign this Commitment, the Mortgage Loans and all related Loan Documents without Borrower's consent to Freddie Mac, or to an affiliate, parent company or any subsidiary of BMFLP. BMFLP may make any other assignment of this Commitment only with Borrxxxx'x xonsent, which consent shall not be unreasonably withheld. If requested by BMFLX, Xxrrxxxx xxxees to execute and deliver all documents necessary to effectuate such assignment.
Assignment of Commitment. Prior to giving effect to this Amendment, The Frost National Bank (“Frost”) has a Commitment Percentage of 30%. Frost desires to assign to each of BNP Paribas (“Paribas”) and KeyBank National Association (“KeyBank”) 3.33% out of Frost’s 30% of the rights and obligations of Frost as a Lender under the Loan Agreement, such that after giving effect to such assignment the respective Commitment Percentages of Frost, Paribas and KeyBank will be as set forth on Schedule I attached hereto and made a part hereof and of the Loan Agreement, as amended hereby. Agent and Borrower hereby consent to the assignment by Frost of such portion of its rights and obligations as a Lender under the Loan Agreement to Paribas and KeyBank. Effective as of the date hereof, (a) the respective Commitment Percentage of JPMorgan Chase Bank, N.A., Frost, Paribas and KeyBank is as set forth on Schedule I hereto and (b) such acquisition of a portion of Frost’s Commitment by Paribas and KeyBank shall be deemed to have been consummated pursuant to the terms of the Assignment and Acceptance Agreement attached as Exhibit D to the Loan Agreement (which is incorporated herein by reference as if fully set forth herein) as if Frost, Paribas and KeyBank had executed an Assignment and Acceptance Agreement with respect to such acquisition.
Assignment of Commitment. This Commitment shall not be assignable or assigned by the Borrower to any individual, corporation, partnership, limited liability company, trust or other entity (each of which being a "Person") without the express written consent of the Lender and any attempted assignment of this Commitment shall automatically terminate this Commitment. The Lender may assign this Commitment without the Borrower's consent. If requested by the Lender, the Borrower agrees to execute and deliver all documents necessary to effectuate such assignment.
Assignment of Commitment. Lender may, at any time prior to Closing, (x) without Borrower's or Principal's consent, to any Affiliate of Lender and (y) with Borrower's consent (which shall not be unreasonably withheld or delayed (unless the proposed assignee shall be a Competitor)), to any other Person that is not a Competitor, transfer and assign this Commitment, and delegate its duties and obligations under this Commitment, to another lender which assumes the obligation to originate the Loan pursuant to the terms of this Commitment; provided, however, that Lender shall not be released from liability under the terms of this Commitment. Lender shall be entitled to rely on a written statement from the proposed assignee that it is not a Competitor (without making any further inquiry or investigation) and the Lender shall not be liable to the Borrower or to any other Person if Xxxxxx shall consummate such assignment to a Person that shall in fact be a Competitor notwithstanding the fact that such Person delivered such a written statement.
Assignment of Commitment. Bank of America hereby assigns all of its Commitment to Bank One, and Bank One hereby assumes all of Bank of America’s Commitment, in each case effective upon the Effective Date. Upon such effectiveness, Bank of America shall cease to be a party to the Credit Agreement and shall be released from all of its rights and obligations thereunder (except for any rights arising under provisions of the Credit Agreement that by their terms survive termination of the Credit Agreement). Bank One, as successor Administrative Agent, Bank of America, as resigning Administrative Agent, and (with respect to clause (a) below) the Company (a) waive delivery of any Assignment Agreement in connection with the assignment described above and (b) waive payment of the fee described in Section 14.9.1(ii)(z) in connection with such assignment. Bank One acknowledges and agrees that Bank of America, as Administrative Agent and as assignor, makes no representation or warranty about the creditworthiness of the Company or any other party to the Credit Agreement or any other Loan Document or with respect to the legality, validity, sufficiency or enforceability of the Credit Agreement or any other Loan Document or the value of any security therefor.
Assignment of Commitment. Fortis Capital Corp. (“Departing Lender”) desires to assign all of its rights and obligations as a Lender under the Credit Agreement to BNP Paribas. Agent and Borrower hereby consent to the assignment by the Departing Lender of its rights and obligations as a Lender under the Credit Agreement to BNP Paribas. Effective as of the date hereof, (a) the Commitment of the Departing Lender shall terminate and BNP Paribas shall be deemed to have acquired the Departing Lender's Commitment and (b) such acquisition of the Departing Lender's Commitment shall be deemed to have been consummated pursuant to the terms of the Assignment Agreement attached as Exhibit E to the Credit Agreement (which is incorporated herein by reference as if fully set forth herein) as if Departing Lender and BNP Paribas had executed an Assignment Agreement with respect to such acquisition. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Assignment of Commitment. I understand that you routinely assign the commitments you have issued in your own name to a third party or parties. The amount of any fee you will Pay To Receive From the third party or parties is $ . The name and address of the third party or parties and an identification of the services to be performed are as follows: Not-Applicable
