Assignment of Rights and Claims. Any assignment of rights and claims with the exception of claims for payment is subject to Xxxxxx´s prior written consent.
Assignment of Rights and Claims. Assignor assigns to Lender all rights and claims Assignor may have against any other party in connection with the Equity Collateral; provided, however, that Lender may not pursue any such right or claim unless a default exists under this Assignment or an Event of Default has occurred and is continuing under the Loan Agreement.
Assignment of Rights and Claims. Assignor assigns to Funding Lender all rights and claims Assignor may have against any other party in connection with the Equity Collateral; provided, however, that Funding Lender may not pursue any such right or claim unless a default exists under this Assignment or an Event of Default has occurred and is continuing under the Continuing Covenant Agreement.
Assignment of Rights and Claims. Customer is prohibited from assigning or transferring the Products, this ELA, or its rights or licenses in the foregoing, in any manner to any third party, including any affiliate or vendor of Customer without the prior written consent of Vector. Vector may, in its sole discretion, refuse to grant its written consent to such a request to transfer Products to a vendor. In the event Vector grants such written consent, a transfer to an affiliate or vendor of Customer shall be permitted only so long as such affiliate or vendor of Customer: (a) accepts and continues to adhere to the terms of this ELA and (b) such affiliate or vendor of Customer uses the Products solely for the internalbusiness purposes of Customer.
Assignment of Rights and Claims. Customer is prohibited from assigning or transferring the Products, this XXXX, or its rights or licenses in the foregoing, in any manner to any third party, including any affiliate or vendor of Customer without the prior written consent of Vector. Vector may, in its sole discretion, refuse to grant its written consent to such a request to transfer Products to a vendor. In the event Vector grants such written consent, a transfer to an affiliate or vendor of Customer shall be permitted only so long as such affiliate or vendor of Customer: (a) accepts and continues to adhere to the terms of this XXXX and
Assignment of Rights and Claims. The Company agrees that, if Guarantor shall make any payment or render any performance under this Guaranty on account of any breach of any representation or warranty and if, by reason of the act, omission, event, occurrence, non-occurrence or condition that renders the representation or warranty untrue or inaccurate, a Purchaser Entity or any Affiliate thereof holds or may assert rights or claims against one or more third parties (other than a Selling Entity), such as a claim for breach of a representation or warranty made by a third party to a Purchasing Entity or its predecessor in interest, the Company shall cause the Purchasing Entity or the Affiliate, as the case may be, to assign to the Guarantor such rights and claims (and, if necessary to effectively convey such rights and claims, the agreement giving rise to such rights or claims) and shall cause the Purchasing Entity or the Affiliate, as the case may be, to reasonably cooperate with Guarantor in Guarantor’s prosecution of such rights or claims.
Assignment of Rights and Claims. The Mortgagor hereby unconditionally assigns, transfers and sets over unto the Mortgagee all of the Mortgagor’s rights to the payment of damages arising from any rejection of the Encumbered Leases by Landlord or any other landlord under the Encumbered Leases pursuant to the Bankruptcy Code, 11 U.S.C. Sections 101, et seq. The Mortgagee shall have the right to proceed in its own name or in the name of Mortgagor in respect of any claim, suit, action or proceeding relating to the rejection of the Encumbered Leases, including, without limitation, the right to file and prosecute, to the exclusion of the Mortgagor, any proof of claim, complaints, motions, applications, notices and other documents, in any case in respect of the landlord under the Encumbered Leases pursuant to the Bankruptcy Code. This assignment constitutes a present, irrevocable and unconditional assignment of the foregoing claims, rights and remedies, and shall continue in effect until defeasance of this Mortgage in accordance with the terms hereof. Any amounts received by the Mortgagee as damages arising out of the rejection of the Encumbered Leases by such landlord shall be applied, first, to all costs and expenses of the Mortgagee (including, without limitation, attorneys’ fees) incurred in connection with the assertion, defense, determination or exercise of any of its rights or remedies under this Section, second, to the pro rata payment of the Building Bond Note and the Building Loan Notes, and, third, to the payment of any and all other Obligations, and the surplus, if any, shall be paid to the Mortgagor.
