Assignment to Bank. It is expressly understood and agreed by the Trustee that the Issuer does hereby pledge and assign to the Bank, in consideration of the Bank’s issuance of the Letter of Credit, all of the Trust Estate herein assigned to the Trustee as security for the payment of the bonds, which assignment to the Bank is subject to the terms of this Indenture. Without limitation, anything in this Indenture to the contrary notwithstanding, in the event , in connection with the payment of the Bonds in full in accordance with Article VIII hereof, the Trustee draws under the Letter of Credit for the purpose of paying all or any portion thereof, then, in such event, the Trustee shall promptly following the Bank’s honor of the draft so drawn by the Trustee, transfer and assign to the Bank all collateral pledged and assigned by the Issuer to the Trustee pursuant to this Indenture, including, without limitation all rights of the Trustee under the Bond Documents, and in addition, shall remit to the Bank all amounts in any of the funds created by this Indenture which remain after the payment of the principal of and premium (if any) and interest on, or the purchase price of, any Bonds and any accrued and unpaid Administration Expenses and other amounts held by the Trustee in accordance with Section 10.2 hereof.
Assignment to Bank. In the event the Trustee receives moneys drawn under the Letter of Credit in an amount sufficient to pay in full the principal of, premium, if any, and interest on the Bonds then Outstanding, the Trustee shall execute and deliver to the Bank an instrument assigning the Bank all of its right, title and interest to, in and under the Financing Documents.
Assignment to Bank. Either party’s failure to insist upon strict performance of any provision of this Agreement shall not be deemed to be invalid or construed as a waiver of performance of any other term of the Agreement or a waiver of such provision on future occasion. Whenever the provisions of the law or the Cooperative By-laws require notice to be given to either party, any notice by the Cooperative to the Member shall be deemed to have been duly given if the notice is delivered to the Member at the Lot or to the Member’s last known address; and any notice by the Member if delivered to a current elected officer of the Cooperative. Such notice may also be given by depositing the notice in the United States mail, addressed to the Member, as shown on the books of the Cooperative, or to the President of the Cooperative as the case may be, and the time of mailing shall be deemed to be the time of the giving of such notice. No representations other than those contained in this Agreement, the Articles of Incorporation, the By-laws, or the Rules and Regulations of the Cooperative, now in effect, or as may hereafter be amended from time to time, shall be binding upn the Cooperative. The Articles of Agreement, the By-laws, all Cooperative resolutions, and its duly adopted Rules and Regulations pertaining to the Park, now in effect or as later amended from time to time, shall be binding upon the Cooperative. Either party shall be entitled to reasonable attorneys’ fees and costs incurred in the enforcement of the terms of this Agreement and the Cooperative shall be entitled to said fees and costs associated with the expulsion of any member from the membership based, in whole or in part, on a violation of this Agreement. The Cooperative shall be entitled to a lien for said fees and costs in the same manner as any other lien provided for in RSA 205-A for carrying charges and/or rent. Time is of the essence of this Occupancy Agreement and any term, covenant, or condition herein. If this Agreement shall be executed by more than one (1) Member party, the obligations of the Members shall be their joint and several obligations in every instance. The Member recognizes and agrees that this Agreement is subject to a certain Collateral Assignment of Leases, Occupancy Agreements, and Carrying Charges between the Cooperative and TD Bank’s rights under said Assignment in the event that TD Bank exercises its rights hereunder.
Assignment to Bank. The Vendor hereby irrevocably assigns this Agreement immediately to the Bank in consideration for and effective upon a payment from the Bank in the amount of the Financed Portion to the Vendor. The City hereby consents to said assignment, except with respect to the warranties and other obligations of the Vendor set forth in Paragraph 2 and in Paragraphs 4 through 6, inclusive, of this Agreement, all of which shall remain the sole responsibility of the Vendor and shall not be assignable. With respect to the Bank, the City hereby waives any defenses based upon warranty, failure or inability of the Vendor to perform its non-assignable obligations or the failure of the Equipment to perform its intended function. To the extent that funds are disbursed to the Vendor by the Bank in accordance with this paragraph, the City’s obligation to the Bank is absolute and unconditional and shall remain in full force and effect until the amount of the payment to the City by the Bank as specified in this paragraph together with interest thereon shall have been paid by the City to the Bank, and such obligation shall not be affected, modified or impaired upon the happening from time to time of any event, including without limitation any of the following:
Assignment to Bank. Immediately following execution and delivery hereof, the Authority shall assign this Agreement and the Borrower’s Note and all Loan payments payable hereunder and under the Borrower’s Note (except its right to receive its fees and expenses and indemnification) to the Bank. The Borrower: (1) consents to such assignment and accepts notice thereof with the same legal effect as though such acceptance were embodied in separate instruments, separately executed after execution of such assignments; (2) agrees to pay directly to the Bank all payments payable hereunder for application to amounts then due and payable or to become due and payable under the Authority Note, such payments to be paid by the Borrower to the Bank without any defense, set-off or counterclaim arising out of any default on the part of the Authority under the Agreement or any transaction between the Borrower and the Authority; and (3) agrees that the Bank may exercise any and all rights and pursue any and all remedies granted the Authority hereunder.
Assignment to Bank. (a) As security for the performance of the Issuer’s obligations hereunder and with respect to the Bond, the Issuer hereby pledges, assigns and conveys to the Bank, and grants to the Bank a security interest in, all right, title and interest of the Issuer in and to this Agreement, and all sums payable in respect of the indebtedness of the Borrower evidenced hereby, other than the Reserved Rights of the Issuer. The Issuer directs that all payments by the Borrower hereunder (except for payments to the Issuer pursuant to Sections 8.2 or 15.6 hereof) be paid directly to the Bank. If, notwithstanding these arrangements, the Issuer shall receive any such payments, the Issuer shall immediately pay over the same to the Bank.
Assignment to Bank. Notwithstanding the foregoing provision of this paragraph, the Franchisee may assign the Franchised Business, this Agreement, and if the Franchisee is a corporation or partnership, the shareholders or partners may assign their respective shares or interests in the Franchisee to a Canadian charted bank as security for monies advanced by such bank to the Franchisee for use in the Franchised Business, provided that the Franchisor shall have given its prior written consent to such assignment, such approval not to be unreasonably withheld or unduly delayed.
Assignment to Bank. After receipt of notice of any such assignment of this Loan Agreement to the Bank pursuant to Section 8.03 hereof, the Public Agency will make all payments required under Article V hereof directly to the Bank, in accordance with the terms hereof and of the Credit Agreement.
