Assignment of Loan Agreement. AND BORROWER BOND
Assignment of Loan Agreement. The Company shall not assign the Loan Agreement or any of its duties or obligations thereunder without the prior written consent of the Bond Insurer. 950597.7 10/31/06
Assignment of Loan Agreement. Borrower acknowledges and agrees that Lender may sell, assign, mortgage, or otherwise transfer its interest hereunder and/or in each of the Loan Documents, or any of the Secured Property, including without limitation, the Big Easy Vessel, the Princess Vessel or the Royal Star Vessel to others ("Assignees") without any consent of Borrower, provided however that Borrower shall be promptly notified of any assignment and that each Assignee shall expressly take assignment subject to this Agreement and agree to recognize Borrower's rights under this Agreement, including expressly the right to quiet enjoyment, use and possession of any of the Big Easy Vessel, the Princess Vessel or the Royal Star Vessel so long as no Event of Default exists under any of the Note or this Agreement; provided further that, notwithstanding the foregoing, if such Assignee is PDS Funding 2004-A, LLC or any of its successors or assigns, such assignment shall be taken subject to the terms of that certain Notice, Consent and Acknowledgment of Assignment or Sale of even date herewith by and among Lender, Borrower and PDS Funding 2004-A, as amended. Accordingly, Borrower and Lender agree that upon such assignment, Borrower (i) shall acknowledge such assignment in writing by executing a Notice, Consent and Acknowledgment of Assignment furnished by Lender; (ii) shall promptly pay all principal and interest due under the Note when due to the designated Assignees, notwithstanding any defense, setoff, abatement, recoupment, reduction or counterclaim whatsoever that Borrower may have against Lender; (iii) shall not permit this Agreement, the Note, the Mortgages, any other Loan Document or any other documents between Lender and Borrower so assigned to be amended or the terms thereof waived without the prior written consent of the Assignees; (iv) shall not require the Assignees to perform any obligations of Lender under this Agreement, the Note, the Mortgages, any other Loan Document or any other documents between Lender and Borrower so assigned; (v) shall not terminate or attempt to terminate this Agreement, the Note, the Mortgages, any other Loan Document or any other documents between Lender and Borrower so assigned on account of any default by Lender, so long as such default does not result in the denial of Borrower's quiet enjoyment, use and possession of any of the Vessels; and (vi) acknowledges that any Assignee may reassign its rights and interest with the same force and effect as the assig...
Assignment of Loan Agreement. Buyer (or, at Buyer’s direction, a Designee) and TIP LLC shall execute, with NuevaTel, an assignment, in the form attached as Exhibit A, to Buyer or a Designee of TIP LLC’s rights and obligations under the Loan Agreement.
Assignment of Loan Agreement. Except for Reserved Rights, the Issuer has in the Indenture assigned all its right title and interest in and to this Loan Agreement and the Loan Payments to the Trustee as security for payment of the Debt Service and Purchase Price of the Bonds. The Trustee shall have all rights and remedies herein accorded to the Issuer (except for Reserved Rights), and any reference herein to the Issuer shall be deemed, with the necessary changes in detail, to include the Trustee, and the Trustee and any Holders are deemed to be third party beneficiaries of the covenants and agreements of the Company herein contained. The Company hereby agrees and consents to the Indenture. [END OF ARTICLE III]
Assignment of Loan Agreement. Neither AESP nor Bendes may assign this Loan Agreement without the written consent of xxx xxher party.
Assignment of Loan Agreement. Notwithstanding anything ------------------------------------------ herein to the contrary, this Agreement may be assigned by the Company in whole or in part and the Project may be sold, conveyed, transferred, leased or otherwise disposed of, as a whole or in part by the Company. Any such assignment, sale, conveyance, transfer, lease, or disposal, as the case may be, shall be subject to the following conditions:
(a) The successor in interest shall assume the obligations of the Company hereunder to the extent of the interest assigned, leased, or otherwise conveyed;
(b) There shall be delivered to the Issuer and the Trustee, at the expense of the Company, prior to the delivery of any such assignment, sale, conveyance, transfer, lease, or other disposal (i) an opinion of Bond Counsel, in form and substance reasonably acceptable to the Issuer and the Trustee, to the effect that such assignment, sale, conveyance, transfer, lease, or other disposal will not adversely affect the exclusion from gross income of the holders of the Bonds of interest paid thereon for federal income tax purposes and (ii) written confirmation from the Guarantor that its obligations under the Guaranty Agreement will continue to be in effect after such assignment, sale, conveyance, transfer, lease, or other disposal to the same extent as before any such assignment, sale, conveyance, transfer, lease, or other disposal; and
(c) The Company shall, within ten (10) days after delivery of any such assignment, sale, conveyance, transfer, lease, or other disposal furnish or cause to be furnished to the Issuer and the Trustee a true and complete copy thereof and of the instrument of assumption. It is expressly acknowledged that certain Liens on the Project (in which Cyprus Amax has been granted a first priority right and interest prior to the Fort Xxxx Economic AIDEA/Exempt Facility Revenue Bonds (Fairbanks Gold Mining, Inc. Project) Series 1997 Loan Agreement Completion Date) have been granted to the Lenders pursuant to one or more AGI Loan Documents.
Assignment of Loan Agreement. Subject to the provisions of Section 4.15 hereof, the Borrower may not assign or transfer the whole or any part of this Loan Agreement without the prior written consent of the Insurer, the Bank under the Standby Purchase Agreement, the Authority and the Trustee. Any assignment of this Loan Agreement by the Borrower without the prior express written consent of the Insurer, the Bank under the Standby Purchase Agreement, the Authority and the Trustee shall be null and void. 1011002.2
Assignment of Loan Agreement. Subject to the provisions of Section 7.8, the Borrower may not assign or transfer the whole or any part of this Loan Agreement without the prior express written consent of the Issuer and the Trustee. Any assignment of this Loan Agreement by the Borrower without the prior express written consent of the Issuer and the Trustee shall be null and void.
Assignment of Loan Agreement. The Borrower may not ---------------------------- assign or transfer the whole or any part of this Loan Agreement without the prior express written consent of the Issuer. Any assignment of this Loan Agreement by the Borrower without the prior express written consent of the Issuer shall be void.
