Common use of Binding Effect; Assignment; Complete Agreement; Sharing Information Clause in Contracts

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 4 contracts

Samples: Credit and Security Agreement (Provena Foods Inc), Credit and Security Agreement (Gardenburger Inc), Credit and Security Agreement (Gardenburger Inc)

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Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Xxxxx Fargo Bank may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 4 contracts

Samples: Credit and Security Agreement (Exabyte Corp /De/), Credit and Security Agreement (Delphax Technologies Inc), Credit and Security Agreement (Waters Instruments Inc)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and each direct and indirect subsidiary of Xxxxx Fargo & Company may share with each other any and all information that they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to all such sharing of information.

Appears in 3 contracts

Samples: Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (Professional Veterinary Products LTD /Ne/), Credit and Security Agreement (MGP Ingredients Inc)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and permitted assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender may share any and all information they may have it has in their its possession regarding the Borrower and its Affiliates, and subject to such confidentiality obligations as the Borrower waives any right of confidentiality it may have Lender imposes with respect to such sharing its own confidential information of informationa similar nature, and further subject to restrictions on trading and disclosure as imposed by all applicable laws, rules and regulations, including SEC and Nasdaq rules and regulations.

Appears in 2 contracts

Samples: Credit and Security Agreement (CPS Technologies Corp/De/), Credit and Security Agreement by And (CPS Technologies Corp/De/)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Wxxxx Fargo Bank may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 2 contracts

Samples: Credit and Security Agreement (Exabyte Corp /De/), Credit and Security Agreement (Staar Surgical Co)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Wexxx Xargo Bank may share with each other any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement   by And (uBid.com Holdings, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrowers and the Lender and their respective successors and assigns, except that the Borrower Borrowers shall not have the right to assign its rights thereunder or any interest therein without the Lender’s 's prior written consent. To the extent permitted by law, the Borrower waives Borrowers waive and will not assert against any assignee any claims, defenses or set-offs which the Borrower Borrowers could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s 's right to share information regarding the Borrower Borrowers and its their Affiliates with the Lender’s 's participants, accountants, lawyers and other advisors, the Lender may share any and all information they may have in their possession regarding the Borrower Borrowers and its their Affiliates, and the Borrower waives Borrowers waive any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Emrise CORP)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the each Borrower and the Lender and their respective successors and assigns, except EXCEPT that the no Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s 's prior written consent. To the extent permitted by law, the each Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the such Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s 's right to share information regarding the any Borrower and its Affiliates with the Lender’s 's participants, accountants, lawyers and other advisors, the Lender and Wxxxx Fargo Bank may share any and all information they may have in their possession regarding the any Borrower and its Affiliates, and the each Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Security Agreement (Allis Chalmers Corp)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which that the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates the Guarantors with the Lender’s participants, accountants, lawyers and other advisors, the Lender and each direct and indirect subsidiary of the Lender may share with each other any and all information that they may have in their possession regarding the Borrower and its Affiliatesthe Guarantors, and the Borrower waives any right of confidentiality it may have with respect to all such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Digital Angel Corp)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrowers and the Lender and their respective successors and assigns, except that the Borrower Borrowers shall not have the right to assign its their rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives Borrowers waive and will not assert against any assignee any claims, defenses or set-offs which the Borrower Borrowers could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower Borrowers and its their Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Xxxxx Fargo Bank may share any and all information they may have in their possession regarding the Borrower Borrowers and its their Affiliates, and the Borrower waives Borrowers waive any right of confidentiality it they may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Pacific Cma Inc)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting The Lender shall in good faith hold in confidence all information, memoranda, or extracts furnished to the Lender’s right to share information regarding Lender by the Borrower and its Affiliates hereunder or in connection with the Lender’s participants, accountants, lawyers and other advisors, negotiation hereof; provided that the Lender may share any and all disclose such information they may have in their possession regarding the Borrower and (i) to its Affiliates, accountants or counsel; (ii) to any regulatory agency having the authority to examine the Lender, as required by any legal or governmental process or otherwise by law, (ii) to any participant and its accountants or counsel, and (iv) to the extent that such information shall be publicly available or shall have been known to the Lender independently of any disclosure by the Borrower waives any right of confidentiality it may have with respect to such sharing of informationhereunder or in connection herewith.

Appears in 1 contract

Samples: Credit and Security Agreement (Rf Monolithics Inc /De/)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Xxxxx Fargo Bank may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information, provided, however, that notwithstanding the foregoing, the Lender will use reasonable efforts to keep confidential all confidential information concerning the Borrower and its affiliates.

Appears in 1 contract

Samples: Credit and Security Agreement (Pure Earth, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the each Borrower and the Lender and their respective successors and assigns, except that the no Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the each Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the such Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower Borrowers and its their Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender may share any and all information they it may have in their its possession regarding the Borrower Borrowers and its their Affiliates, and the Borrower waives Borrowers waive any right of confidentiality it they may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Orion Energy Systems, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s 's prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s 's right to share information regarding the Borrower and its Affiliates with the Lender’s 's participants, accountants, lawyers and other advisors, the Lender and each direct and indirect subsidiary of Xxxxx Fargo & Company may share with each other any and all information that they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to all such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Seaway Valley Capital Corp)

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Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consentconsent and the Lender shall not have the right to assign any of its rights hereunder to a Person who is a non-resident of Canada for purposes of the Income Tax Act (Canada) unless an Event of Default shall have occurred and be continuing. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Xxxxx US may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Delphax Technologies Inc)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrowers and the Lender and their respective successors and assigns, except that the Borrower Borrowers shall not have the right to assign its any of their respective rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives Borrowers waive and will not assert against any assignee any claims, defenses or set-offs which the Borrower Borrowers could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower Borrowers and its their Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender may share any and all information they may have in their possession regarding the Borrower Borrowers and its their Affiliates, and the Borrower waives Borrowers waive any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s 's prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s 's right to share information regarding the Borrower and its Affiliates with the Lender’s 's participants, accountants, lawyers and other advisors, the Lender may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Tradestar Services, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s 's prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s 's right to share information regarding the Borrower and its Affiliates with the Lender’s 's participants, accountants, lawyers and other advisors, the Lender and Xxxxx Fargo Bank may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Interpharm Holdings Inc)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrowers and the Lender and their respective successors and assigns, except that the Borrower Borrowers shall not have the right to assign its any of their respective rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives Borrowers waive and will not assert against any assignee any claims, defenses or set-offs which the Borrower Borrowers could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower Borrowers and its their Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and each direct and indirect subsidiary of Wxxxx Fargo & Company may share any and all information they may have in their possession regarding the Borrower Borrowers and its their Affiliates, and the Borrower waives Borrowers waive any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement (Global Employment Holdings, Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrower, the Parent Guarantor, or MMA Mortgage Corporation, as applicable, and the Lender and their respective permitted successors and assigns. Neither this Agreement nor any of the Loan Documents may be assigned by any party hereto or thereto except with the prior written consent of the other parties hereto or thereto; provided, except that that, the Lender may assign this Agreement and any other Loan Documents without the prior written consent of any party to the Acquiror (as defined in the Acquisition Agreement), any Affiliate, or to any other Person who is not or could not reasonably be expected to become a direct competitor of the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrowerof MMA Mortgage Corporation. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to The Lender may share information regarding the Borrower and its Affiliates with the Lender’s participantsassignees, accountants, lawyers and other advisors, the Lender may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Term Loan Agreement (Municipal Mortgage & Equity LLC)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower and the Lender and their respective successors and assigns, except that the Borrower shall not have the right to assign its rights thereunder or any interest therein without the Lender’s prior written consent. To the extent permitted by law, the Borrower waives and will not assert against any assignee any claims, defenses or set-offs which the Borrower could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the subject matter hereof and supersedes all prior agreements, written or oral, on the subject matter hereof. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the Lender and Wexxx Xargo Bank may share any and all information they may have in their possession regarding the Borrower and its Affiliates, and the Borrower waives any right of confidentiality it may have with respect to such sharing of information.

Appears in 1 contract

Samples: Credit and Security Agreement     by And (Qsgi Inc.)

Binding Effect; Assignment; Complete Agreement; Sharing Information. The Loan Documents shall be binding upon and inure to the benefit of the Borrower Borrowers and the Lender and their respective successors and assigns, except that the Borrower Borrowers shall not have the right to assign its their respective rights thereunder or any interest therein without having first received the Lender’s prior written consent. To the extent permitted by law, the Borrower waives Borrowers waive and will not assert against any assignee any claims, defenses or set-offs which the Borrower Borrowers could assert against the Lender. This Agreement shall also bind all Persons who become a party to this Agreement as a borrower. This Agreement, together with the Loan Documents, comprises the complete and integrated agreement of the parties on the with respect to each credit that is subject matter hereof hereto, and supersedes all prior negotiations, communications, discussion, correspondence and agreements, written or oral, on the subject matter hereofof this Agreement. To the extent that any provision of this Agreement contradicts other provisions of the Loan Documents, this Agreement shall control. Without limiting the Lender’s right to share information regarding the Borrower and its Affiliates with the Lender’s participants, accountants, lawyers and other advisors, the The Lender may share any and all information they may have in their possession regarding the Borrower and its their respective Affiliates, with the Lender’s affiliates, participants, accountants, lawyers and other advisors, and the Borrower waives Borrowers waive any right of confidentiality it they may have with respect to such the sharing of such information.

Appears in 1 contract

Samples: Credit and Security Agreement   by And (Miscor Group, Ltd.)

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