Common use of Assignments by Lender Clause in Contracts

Assignments by Lender. The Lender may, without notice to or consent of the Borrowers, assign to any Person (each an "Assignee" and collectively, the "Assignees") all or a portion of the Lender's Commitments. The Lender and its Assignee shall notify the Borrowers in writing of the date on which the assignment is to be effective (the "Adjustment Date"). On or before the Adjustment Date, the Lender, the Borrowers and the Assignee shall execute and deliver a written assignment agreement in a form acceptable to the Lender, which shall constitute an amendment to this Agreement to the extent necessary to reflect such assignment. Upon the request of the Lender following an assignment made in accordance with this Section 8.5, the Borrowers shall issue new Notes to the Lender and its Assignee reflecting such assignment, in exchange for the existing Notes held by the Lender, provided the Lender shall have used good faith efforts to obtain a confidentiality agreement from any such Assignee. In addition, notwithstanding the foregoing, the Lender may at any time pledge all or any portion of the Lender's rights under this Agreement, any of the Commitments or any of the Obligations to a Federal Reserve Bank.

Appears in 2 contracts

Samples: Financing Agreement (Argan Inc), Financing and Security Agreement (Argan Inc)

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Assignments by Lender. The Lender may, without notice to or consent of the Borrowers, assign to any Person (each an "Assignee" and collectively, the "Assignees") all or a portion of the Lender's ’s Commitments. The Lender and its Assignee shall notify the Borrowers in writing of the date on which the assignment is to be effective (the "Adjustment Date"). On or before the Adjustment Date, the Lender, the Borrowers and the Assignee shall execute and deliver a written assignment agreement in a form acceptable to the Lender, which shall constitute an amendment to this Agreement to the extent necessary to reflect such assignment. Upon the request of the Lender following an assignment made in accordance with this Section 8.5, the Borrowers shall issue new Notes to the Lender and its Assignee reflecting such assignment, in exchange for the existing Notes held by the Lender, provided the Lender shall have used good faith efforts to obtain a confidentiality agreement from any such Assignee. In addition, notwithstanding the foregoing, the Lender may at any time pledge all or any portion of the Lender's ’s rights under this Agreement, any of the Commitments or any of the Obligations to a Federal Reserve Bank.

Appears in 1 contract

Samples: Financing and Security Agreement (Argan Inc)

Assignments by Lender. The Lender may, without notice to or consent of the Borrowers, assign to any Person (each an "Assignee" and collectively, the "Assignees") all or a portion of the Lender's CommitmentsRevolving Credit Commitment, provided that prior to any Default or Event of Default, such Assignee will be a commercial bank. The Lender and its Assignee shall notify the Borrowers in writing of the date on which the assignment is to be effective (the "Adjustment Date"). On or before the Adjustment Date, the assigning Lender, the Borrowers and the respective Assignee shall execute and deliver a written assignment agreement in a form acceptable to the Lender, which shall constitute an amendment to this Agreement to the extent necessary to reflect such assignment. Upon the request of the any assigning Lender following an assignment made in accordance with this Section 8.5, the Borrowers shall issue new Notes to 77 the Lender and its Assignee reflecting such assignment, in exchange for the existing Notes held by the assigning Lender, provided the Lender shall have used good faith efforts to obtain a confidentiality agreement from any such Assignee. In addition, notwithstanding the foregoing, the Lender may at any time pledge all or any portion of the Lender's rights under this Agreement, any of the Commitments Revolving Credit Commitment or any of the Obligations to a Federal Reserve Bank.

Appears in 1 contract

Samples: Financing and Security Agreement (Spacehab Inc \Wa\)

Assignments by Lender. The Lender may, without notice to or consent of the BorrowersBorrower, assign to any Person (each an "Assignee" and collectively, the "Assignees") all or a portion of the Lender's Commitments. The Lender and its Assignee shall notify the Borrowers Borrower in writing of the date on which the assignment is to be effective (the "Adjustment Date"). On or before the Adjustment Date, the Lender, the Borrowers Borrower and the Assignee shall execute and deliver a written assignment agreement in a form acceptable to the Lender, which shall constitute an amendment to this Agreement to the extent necessary to reflect such assignment. Upon the request of the Lender following an assignment made in accordance with this Section 8.5, the Borrowers Borrower shall issue new Notes to the Lender and its Assignee reflecting such assignment, in exchange for the existing Notes held by the Lender, provided the Lender shall have used good faith efforts to obtain a confidentiality agreement from any such Assignee. In addition, notwithstanding the foregoing, the Lender may at any time pledge all or any portion of the Lender's rights under this Agreement, any of the Commitments or any of the Obligations to a Federal Reserve Bank.

Appears in 1 contract

Samples: Financing and Security Agreement (Sensytech Inc)

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Assignments by Lender. The Lender may, without notice to or consent of the Borrowers, assign to any Person (each an "Assignee" and collectively, the "Assignees") all or a portion of the Lender's Commitments’s Commitment. The Lender and its Assignee shall notify the Borrowers in writing of the date on which the assignment is to be effective (the "Adjustment Date"). On or before the Adjustment Date, the Lender, the Borrowers and the Assignee shall execute and deliver a written assignment agreement in a form acceptable to the Lender, which shall constitute an amendment to this Agreement to the extent necessary to reflect such assignment. Upon the request of the Lender following an assignment made in accordance with this Section 8.5, the Borrowers shall issue new Notes to the Lender and its Assignee reflecting such assignment, in exchange for the existing Notes held by the Lender, provided the Lender shall have used good faith efforts to obtain a confidentiality agreement from any such Assignee. In addition, notwithstanding the foregoing, the Lender may at any time pledge all or any portion of the Lender's ’s rights under this Agreement, any of the Commitments or any of the Obligations to a Federal Reserve Bank.

Appears in 1 contract

Samples: Financing and Security Agreement (Versar Inc)

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