Binding Effect; Assignability; Termination Sample Clauses

Binding Effect; Assignability; Termination. (a) This Credit Agreement shall be binding upon the Borrower, the Servicer, FCI, FAC, the Lenders, the Collateral Agent, the Deal Agent and the Managing Agents and their respective successors and permitted assigns (which successors of the Borrower shall include a trustee in bankruptcy), and shall inure to the benefit of each such Person, and each of their respective successors and permitted assigns. (i) None of the Borrower, the Servicer or FCI may assign any of its rights or obligations hereunder or any interest herein without the prior written consent of the Lenders, and the Collateral Agent. (ii) Each of the Collateral Agent, the Deal Agent, and each Managing Agent may assign any of its rights or obligations hereunder or any interest herein without the prior written consent of the Borrower or the Servicer. (iii) Each Lender and their respective successors and permitted assigns may assign at any time its rights and obligations hereunder and interests herein in whole or in part (including by way of the sale of participation interests therein) to (A) any Lender party to this Credit Agreement at the time of such assignment or any Liquidity Provider for such assigning Lender, without the consent of the Borrower and (B) any other Person, with the consent of the Borrower; provided that any such assignment -------- or participation shall comply with the terms of the Liquidity Agreement to which such Lender is a party. The parties to each assignment or participation made pursuant to this clause (iii) shall execute and deliver to the Deal Agent for its acceptance and recording in its books and records, an assignment agreement, a Joinder Agreement, a participation agreement or other transfer instrument reasonably satisfactory in form and substance to the Deal Agent and the Borrower. Each such assignment or participation shall be effective as of the date specified in the applicable agreement or instrument only after the execution, delivery, acceptance and recording as described in the preceding sentence. Any Lender may, in connection with any assignment or participation or any proposed assignment or participation pursuant to this clause (iii), disclose to the assignee or participant or proposed assignee or participant any Confidential Information (subject in all events to the requirements of Section 14.12). ------------- The Deal Agent shall notify the Borrower of any assignment or participation made pursuant to this Section 14.04. ------------- (b) Without limitin...
Sample 1
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Binding Effect; Assignability; Termination. This Credit ------------------------------------------ Agreement shall be binding upon the Borrower, the Servicer, FCI, FAC, EagleFunding, the Collateral Agent, the Deal Agent and their respective successors and permitted assigns (which successors of the Borrower shall include a trustee in bankruptcy), and shall inure to the benefit of each such Person, and each of their respective successors and permitted assigns. None of the Borrower, the Servicer or FCI may assign any of its rights or obligations hereunder or any interest herein without the prior written consent of EagleFunding, and the Collateral Agent. Each of EagleFunding, the Collateral Agent and the Deal Agent may assign at any time its rights and obligations hereunder and interests herein to any other Person without the consent of the Borrower or the Servicer. Without limiting the foregoing, the Borrower hereby acknowledges that EagleFunding has agreed pursuant to the Liquidity Agreement, the Liquidity Security Agreement and certain related agreements that, subject to the restrictions set forth therein, and under certain circumstances as described therein, certain parties providing credit enhancement and/or liquidity for EagleFunding in connection with the Credit Agreement (including, without limitation, the "Liquidity Collateral Agent" under the Liquidity Security Agreement), shall be entitled to exercise EagleFunding's rights under this Credit Agreement and in addition, shall constitute third-party beneficiaries of this Credit Agreement. The Borrower hereby consents to the foregoing and agrees to cooperate with any such Person electing to exercise EagleFunding's rights under this Credit Agreement. This Credit Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time, after the Termination Date, as the Collection Date shall occur; provided, however, that the rights and remedies -------- ------- with respect to any breach of any representations, warranties or covenants made by any of the Borrower, the Servicer, FAC or FCI (including, without limitation, the covenants of each of the Borrower, the Servicer and FAC under Sections -------- 12.02, 12.03, 12.04, and 12.05), shall be continuing and shall survive any ----- ----- ----- ----- termination of this Credit Agreement; provided further, however, that to the -------- ------- ------- extent that a payment, transfer or deposit is made...
Sample 1

Related to Binding Effect; Assignability; Termination

  • Binding Effect; Assignability This Agreement shall be binding upon and inure to the benefit of the Buyer and the Seller and their respective successors and permitted assigns. The Seller may not assign any of its rights hereunder or any interest herein without the prior written consent of the Buyer, except as provided in Section 3.11 or as otherwise herein specifically provided. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until such time as the parties hereto shall agree.

  • Binding Effect; Termination (a) This Credit Agreement shall become effective at such time on or after the Closing Date when it shall have been executed by the Borrower and the Administrative Agent, and the Administrative Agent shall have received copies hereof (telefaxed or otherwise) which, when taken together, bear the signatures of each Lender, and thereafter this Credit Agreement shall be binding upon and inure to the benefit of the Borrower, the Administrative Agent and each Lender and their respective successors and assigns. (b) The term of this Credit Agreement shall be until no Loans or any other amounts payable hereunder or under any of the other Credit Documents shall remain outstanding and until all of the Commitments hereunder shall have expired or been terminated.

  • Binding Effect; Assignability; Benefit (a) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, successors, legal representatives and permitted assigns. Any Shareholder that ceases to own beneficially any Registrable Securities shall cease to be bound by the terms hereof (other than (i) the provisions of Article 3 applicable to such Shareholder with respect to any offering of Registrable Securities completed before the date such Shareholder ceased to own any Registrable Securities and (ii) this Article 5). (b) Neither this Agreement nor any right, remedy, obligation or liability arising hereunder or by reason hereof shall be assignable by any party hereto pursuant to any Transfer of Registrable Securities or otherwise, except that each Shareholder may assign rights hereunder to any Permitted Transferee of such Shareholder. Any such Permitted Transferee shall (unless already bound hereby) execute and deliver to the Company an agreement to be bound by this Agreement in the form of Exhibit A hereto (a “Joinder Agreement”) and shall thenceforth be a “Shareholder”. (c) Nothing in this Agreement, expressed or implied, is intended to confer on any Person other than the parties hereto, and their respective heirs, successors, legal representatives and permitted assigns, any rights, remedies, obligations or liabilities under or by reason of this Agreement.

  • Binding Effect; Survival This Agreement shall be binding upon and inure to the benefit of any successors to the Company and all persons lawfully claiming under the Employee. The provisions of Section 5 shall survive the lapse of the Forfeiture Restrictions without forfeiture.

  • Binding Effect; Benefit; Assignment The provisions of this Agreement shall be binding upon and shall inure solely to the benefit of the parties hereto and their respective successors and assigns and no provision of this Agreement is intended to, and no provision of this Agreement does, confer any rights, benefits, remedies, obligations or liabilities hereunder upon any Person other than the parties hereto and their respective successors and assigns. No party may assign, delegate or otherwise transfer any of its rights or obligations under this Agreement without the consent of each other party hereto.

  • Binding Effect; Assignment This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors and permitted assigns. This Agreement shall not be assigned by either party without the prior written consent of the other party hereto.

  • Binding Effect, Etc Any amendment or waiver consented to as provided in this Section 17 applies equally to all holders of Notes and is binding upon them and upon each future holder of any Note and upon the Company without regard to whether such Note has been marked to indicate such amendment or waiver. No such amendment or waiver will extend to or affect any obligation, covenant, agreement, Default or Event of Default not expressly amended or waived or impair any right consequent thereon. No course of dealing between the Company and the holder of any Note nor any delay in exercising any rights hereunder or under any Note shall operate as a waiver of any rights of any holder of such Note. As used herein, the term “this Agreement” and references thereto shall mean this Agreement as it may from time to time be amended or supplemented.

  • Binding Effect and Assignability This Subscription Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, legal representatives and assigns. The Subscriber agrees not to transfer or assign this Subscription Agreement, or any of the Subscriber’s interest herein.

  • Binding Effect; Benefits This Agreement shall be binding upon and inure to the benefit of the parties to this Agreement and their respective successors and assigns. Nothing in this Agreement, express or implied, is intended or shall be construed to give any person other than the parties to this Agreement or their respective successors or assigns any legal or equitable right, remedy or claim under or in respect of any agreement or any provision contained herein.

  • Integration; Binding Effect; Survival of Termination This Agreement and the other Transaction Documents contain the final and complete integration of all prior expressions by the parties hereto with respect to the subject matter hereof and shall constitute the entire agreement among the parties hereto with respect to the subject matter hereof superseding all prior oral or written understandings. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms and shall remain in full force and effect until the Final Payout Date; provided, however, that the provisions of Sections 5.01, 5.02, 5.03, 11.04, 11.06, 12.04, 13.01, 13.02, 14.04, 14.05, 14.06, 14.09, 14.11 and 14.13 shall survive any termination of this Agreement.

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