Common use of Binding Effect; Assignment; Termination Clause in Contracts

Binding Effect; Assignment; Termination. This Agreement shall be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender and their respective permitted successors and assigns. The Borrower may not assign this Agreement or any rights hereunder without the express written consent of the Lender. The Lender may, in accordance with applicable law and without notice to or consent of the Borrower, from time to time assign or grant participations in this Agreement, the Term Loans and/or the Term Note. The Borrower may terminate this Agreement and the financing arrangements made herein by giving written notice of such termination to the Lender provided that no such termination will release or waive any of the Lender’s rights or remedies or any of the Borrower’s obligations under this Agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereof.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations in this Agreementletter agreement, the Term Loans Loans, the Notes and/or the Term Noteany letters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank, together with the payment described in the third sentence of Section 6.3; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s 's obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term all Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall --------------------------------------- be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations participation in this Agreementletter agreement, the Term Loans Revolving Loans, the Revolving Note and/or the Term Noteletters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank together with payment of the sum described in the second sentence of (S)6.3; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s 's obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term Revolving Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall --------------------------------------- be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations in this Agreementletter agreement, the Term Loans Loans, the Notes and/or the Term Noteany letters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank, together with the payment described in the third sentence of (S)6.3; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s 's obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term all Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations in this Agreementletter agreement, the Term Loans Revolving Loans, the Revolving Note and/or the Term Noteletters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s 's obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term Revolving Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations participation in this Agreementletter agreement, the Term Loans Revolving Loans, the Revolving Note and/or the Term Noteletters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank together with payment of the sum described in the fourth sentence of ss.6.3; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s 's obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term Revolving Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.

Binding Effect; Assignment; Termination. This Agreement letter agreement shall be binding upon the Borrower, its successors and assigns and shall inure to the benefit of the Borrower and the Lender Bank and their respective permitted successors and assigns. The Borrower may not assign this Agreement letter agreement or any rights hereunder without the express written consent of the LenderBank. The Lender Bank may, in accordance with applicable law and without notice to or consent of the Borrowerlaw, from time to time assign or grant participations participation in this Agreementletter agreement, the Term Loans Revolving Loans, the Revolving Note and/or the Term Noteletters of credit issued hereunder. The Borrower may terminate this Agreement letter agreement and the financing arrangements made herein by giving written notice of such termination to the Lender Bank together with payment of the sum described in the second sentence of Section 6.3; provided that no such termination will release or waive any of the Lender’s Bank's rights or remedies or any of the Borrower’s Borrowers obligations under this Agreement letter agreement or any of the other Loan Documents unless and until the Borrower has paid in full the Term Revolving Loans and all interest thereon and all fees and charges payable in connection therewith. Notwithstanding any this in this §6.5 to the contrary, each Warrant shall survive termination therewith and all letters of this Agreement and payment in full of the Term Loans and the other Obligations in accordance with the express terms thereofcredit issued hereunder have been terminated.