Assignment of the Agreements. As additional collateral security for the Loan and the observance and performance by Borrower of the terms, covenants and conditions of the Note, the Security Instrument and the other Loan Documents on the part of Borrower to be observed or performed, Borrower hereby transfers, sets over and assigns to Lender all of Borrower’s right, title and interest in and to the Agreements.
Assignment of the Agreements. Assignor hereby assigns its rights and delegates its obligations to Assignee under the Agreements, and Assignee hereby assumes such obligations from Assignor. Assignor is fully released and discharged from any and all liability or obligations that now exist or may hereafter arise under the Agreements. All references to “Gavilon” in the Agreements shall mean and refer to Assignee. The parties acknowledge that Assignor has notified Producer that Assignor and its ethanol marketing business will be retained by its current beneficial owners. Assignee shall directly or indirectly maintain the resources to perform its obligations under the Agreements.
Assignment of the Agreements. As additional collateral security for the Loan and the observance and performance by Assignor of the terms, covenants and conditions of the Reimbursement Agreement, the Security Instrument and the Other Security Documents on the part of Assignor to be observed or performed, Assignor hereby transfers, sets over and assigns to Assignee all of Assignor's right, title and interest in and to the Agreements.
Assignment of the Agreements. As additional collateral security for the Loan and the observance and performance by Borrower of the terms, covenants and conditions of the Loan Agreement, the Note, the Security Instrument and the Other Security Documents on the part of Borrower to be observed or performed, Borrower hereby transfers, sets over and assigns to Lender all of Borrower’s right, title and interest in and to the Agreements. The duties and obligations of Borrower under this Assignment shall terminate when all sums due Lender under the Loan Documents are paid in full and all obligations, covenants, conditions and agreements of Borrower contained in the Loan Documents are performed and discharged.
Assignment of the Agreements. 4.5.1 The Sellers covenant to use their best efforts to assign and transfer all of their rights and obligations under the Assigned Agreements to the Buyer; alternatively and excluding agreements with Key Customers and Suppliers, the Buyer shall perform the Assigned Agreements with Customers as the Sellers' subcontractor commencing on the Cutoff Date and thereafter. It is agreed that actual payment to the Buyer by a certain Customer shall be deemed transfer of the Customer to the Buyer and/or approval of the transfer by such Customer for the purposes of this Agreement.
4.5.2 The parties covenant to cooperate for this purpose and to sign any and all documents and to execute any and all acts required to efficiently complete such transfer.
4.5.3 Other than with respect to agreements with Key Customers and Suppliers, if any such agreement is not transferred/assigned immediately after the signing date and the Sellers continue to be a party to such agreement, the Buyer shall bear all liabilities and expenses involved therein, shall benefit from all income deriving from such Customer pursuant to the agreement with the Customer, and shall indemnify the Sellers for all liabilities it shall incur with respect to such agreement, all as if the Buyer were a party to the agreement and not the Sellers (and the Sellers shall not be entitled to any consideration in this context). This back-to-back arrangement shall apply until the earlier of the receipt of the above Customer's consent to assign the agreement with it or the expiration of said agreement. The Sellers shall make every effort required to collect debts owed by the above Customers (at the Buyer's expense and according to its reasonable instructions) and shall transfer all such payments to the Buyer within 7 business days from the date of actual receipt thereof, without any offset and/or deduction being made, against a tax invoice duly issued by the Buyer to the Sellers. It is agreed that the renewal of agreements in which respect the above arrangement applies after the date of expiration thereof shall be made directly with the Buyer to the extent possible.
Assignment of the Agreements. As additional collateral security for the Borrower's Indebtedness pursuant to the Credit Agreement and the observance and performance by Borrower of the terms, covenants and conditions of the Credit Agreement, the XXX/Borrower Mortgage and the other Loan Documents on the part of the Borrower to be observed or performed, Borrower hereby transfers, sets over and assigns to Lender all of Borrower's right, title and interest in and to the Agreements. Borrower does hereby make, constitute and irrevocably appoint Lender, its true and lawful attorney, irrevocable in its name, place and stead, for the purposes stated, to ask, demand, xxx for, attach, levy, recover and receive any and all sums due or to become due Borrower under the Agreements, giving and granting unto the Lender full power and authority to do and perform all and every act and things whatsoever necessary as fully to all intents and purposes as Borrower might or could do if personally present, with full power of substitution and revocation, hereby ratifying all that the Lender or its substitute shall lawfully do or cause to be done by virtue thereof. Nothing herein shall constitute an assumption of any obligations under the Agreements by the Lender, and the Lender shall have no obligations under the Agreements.
Assignment of the Agreements
