Common use of Assignments to Purchasing Lenders Clause in Contracts

Assignments to Purchasing Lenders. Any Lender may at any time and from time to time assign to one or more Persons ("Purchasing Lenders") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I hereto (an "Assignment Agreement"), executed by such Purchasing Lender, such transferor Lender and the Agent. Upon (i) such execution of such Assignment Agreement, (ii) delivery to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto (a "Notice of Assignment") with a copy to the Borrower, together with any consent required pursuant to Section 10.4(c) above, (iii) payment by such Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 fee to the Agent for processing of such assignment, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent, such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Agent shall be required. Such Assignment Agreement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender and the resulting adjustment of the Commitments, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of such transferor Lender.

Assignments to Purchasing Lenders. Any Lender may at any time --------------------------------- and from time to time assign to one or more Persons ("Purchasing Lenders") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I hereto (an "Assignment Agreement"), --------- executed by such Purchasing Lender, such transferor Lender and the Agent. Upon (i) such execution of such Assignment Agreement, (ii) delivery to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto ---------- --------- (a "Notice of Assignment") with a copy to the Borrower, together with any consent required pursuant to Section 10.4(c) above, (iii) payment by such --------------- Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 fee to the Agent for processing of such assignment, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent, such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Agent shall be required. Such Assignment Agreement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender and the resulting adjustment of the Revolving Loan Commitments, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of such transferor Lender.

Assignments to Purchasing Lenders. Any Lender may at any time and from time to time assign to one or more Persons ("Purchasing Lenders") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I hereto (an "Assignment Agreement"), executed by such Purchasing Lender, such transferor Lender and the Agent. Upon (i) such execution of such Assignment AgreementTransfer Supplement, (ii) delivery to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto (a "Notice of Assignment") with a copy to the Borrower, together with any consent consents required pursuant to Section 10.4(c) above, (iii) payment by such Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 fee to the Agent for processing of such assignment, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent, such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Agent shall be required. Such Assignment Agreement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender and the resulting adjustment of the Commitments, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of such transferor Lender. Promptly after the consummation of any transfer to a Purchasing Lender pursuant hereto, the transferor Lender, the Agent and the Borrower shall make appropriate arrangements so that a replacement Note is issued to such transferor Lender 93 100 and a new Note is issued to such Purchasing Lender, in each case in principal amounts reflecting such transfer.

Assignments to Purchasing Lenders. Any Lender may at any time and from time to time assign to one or more Persons ("Purchasing Lenders") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I hereto (an "Assignment Agreement"), executed by such Purchasing Lender, such transferor Lender and the Agent. Upon (i) such execution of such Assignment Agreement, (ii) delivery to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto (a "Notice of Assignment") with a copy to the Borrower, together with any consent required pursuant to Section 10.4(c) above, (iii) payment by such Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 fee to the Agent for processing of such assignment, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent, such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Agent shall be required. Such Assignment Agreement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender and the resulting adjustment of the Revolving Loan Commitments, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of such transferor Lender.

Assignments to Purchasing Lenders. Any Lender may at any time and from time to time assign to one or more Persons ("Purchasing LendersPURCHASING LENDERS") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I hereto (an "Assignment AgreementASSIGNMENT AGREEMENT"), executed by such Purchasing Lender, such transferor Lender and the Agent. Upon (i) such execution of such Assignment Agreement, (ii) delivery to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto (a "Notice of AssignmentNOTICE OF ASSIGNMENT") with a copy to the Borrower, together with any consent required pursuant to Section 10.4(c) aboveabove and a copy of the Assignment Agreement, (iii) payment by such Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 3,500 fee to the Agent for processing of such assignment, and subject to acceptance and recording of such Assignment Agreement pursuant to subsection (h) below, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent (or such shorter period agreed to by the Agent), such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Agent shall be required. Such Assignment Agreement shall be deemed to amend this CKE FIFTH AMENDED AND RESTATED CREDIT AGREEMENT Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender and the resulting adjustment of the Commitments, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of such transferor Lender.

Assignments to Purchasing Lenders. Any Lender may at any time and from time to time assign to one or more Persons ("Purchasing Lenders") all or any part of its Credit Exposure pursuant to a supplement to this Agreement, substantially in the form of Exhibit I B hereto (an a "Assignment Agreement"), executed by such Purchasing Lender, such transferor Lender and the AgentLender. Any such partial assignment shall be an assignment of an identical percentage of Lender's Loan and Loan Commitment hereunder. Upon (i) such execution of such Assignment Agreement, (ii) delivery of an executed copy thereof to the Agent of a notice of assignment substantially in the form of Schedule I to Exhibit I hereto (a "Notice of Assignment") with a copy to the Borrower, together with any consent required pursuant to Section 10.4(c) above, Borrower and (iii) payment by such Purchasing Lender to such transferor Lender of an amount equal to the purchase price agreed between such transferor Lender and such Purchasing Lender and (iv) payment of a $4,000 fee to the Agent for processing of such assignmentLender, such assignment shall become effective on the effective date specified in such Assignment Agreement, which effective date shall be at least five (5) Business Days after delivery of such Notice of Assignment to the Agent, such transferor Lender shall be released from its obligations hereunder to the extent of such assignment and such Purchasing Lender shall for all purposes be a Lender party to this Agreement and shall have all the rights and obligations of a Lender under this Agreement to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders Borrower or the Agent Lender shall be required. Such Assignment Agreement shall be deemed to amend this Agreement to the extent, and only to the extent, necessary to reflect the addition of such Purchasing Lender as a Lender party and the resulting adjustment of the CommitmentsLoan Commitment, if any, arising from the purchase by such Purchasing Lender of all or a portion of the Credit Exposure of Lender. Promptly after the consummation of any transfer to a Purchasing Lender pursuant hereto, Lender and Borrower shall make appropriate arrangements so that a replacement Note is issued to Lender and a new Note is issued to Purchasing Lender, in each case in principal amounts reflecting such transferor Lendertransfer.