Common use of Certain Assignees Clause in Contracts

Certain Assignees. No assignment or participation may be made to an Obligor, Affiliate of an Obligor, Defaulting Lender or natural person. Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this Agreement. Any assignment by a Defaulting Lender must be accompanied by satisfaction of its outstanding obligations under the Loan Documents in a manner satisfactory to Agent, including payment by the Defaulting Lender or Eligible Assignee of an amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretion) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender (by operation of law or otherwise) does not comply with the foregoing, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 4 contracts

Samples: Loan, Security and Guarantee Agreement (GEE Group Inc.), Loan, Security and Guarantee Agreement (Applied Optoelectronics, Inc.), Loan, Security and Guarantee Agreement (AutoWeb, Inc.)

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Certain Assignees. No Subject to Section 14.3.6, no assignment or participation may be made to Borrower, an Obligor, Affiliate of an ObligorBorrower, Defaulting Lender or natural person. Administrative Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Administrative Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Administrative Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAdministrative Agent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 4 contracts

Samples: Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc), Term Loan and Security Agreement (DXP Enterprises Inc)

Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural person. Administrative Agent shall have no obligation to determine whether any assignment assignee is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Administrative Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Administrative Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAdministrative Agent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 4 contracts

Samples: Loan Agreement (Key Energy Services Inc), Loan Agreement (Key Energy Services Inc), Loan and Security Agreement (Key Energy Services Inc)

Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural person. Administrative Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner reasonably satisfactory to Administrative Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Administrative Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAdministrative Agent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 3 contracts

Samples: Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP), Loan and Security Agreement (CSI Compressco LP)

Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural person. Administrative Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Administrative Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Administrative Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAdministrative Agent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 2 contracts

Samples: Loan and Security Agreement (Par Pacific Holdings, Inc.), Loan and Security Agreement (Par Pacific Holdings, Inc.)

Certain Assignees. No assignment or participation may be made to Borrower, an Obligor, Affiliate of an ObligorBorrower, a Defaulting Lender or a natural person. Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether Documents. In connection with any assignment has been properly effectuated pursuant to this Agreement. Any assignment by a Defaulting Lender must Lender, such assignment shall be accompanied by satisfaction of its outstanding obligations under the Loan Documents in a manner satisfactory to Agent, including effective only upon payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Agent of an aggregate amount sufficient sufficient, upon distribution (through direct payment, purchases of participations or other methods acceptable to compensating actions as Agent in its discretiondeems appropriate), (a) to satisfy all funding and payment liabilities of then owing by the Defaulting LenderLenders hereunder, and (b) to acquire its Pro Rata share of all Loans and LC Obligations. If any an assignment by a Defaulting Lender (by operation of law or otherwise) does not comply shall become effective under Applicable Law for any reason without compliance with the foregoingforegoing sentence, then the assignee shall be deemed a Defaulting Lender for all purposes until such compliance occurs.

Appears in 2 contracts

Samples: Loan and Security Agreement (Ak Steel Holding Corp), Loan and Security Agreement (Ak Steel Holding Corp)

Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural person. Agent shall have no obligation to determine whether any assignment assignee is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAgent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Radiant Logistics, Inc)

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Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural personperson (or, for the avoidance of doubt, a Disqualified Institution). Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment by a Defaulting Lender must shall be accompanied by effective only upon satisfaction of its outstanding obligations under the Loan Documents in a manner reasonably satisfactory to Agent, including payment by the Defaulting Lender or Eligible Assignee of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretion) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender (by operation of law or otherwise) does not comply with the foregoing, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Amkor Technology, Inc.)

Certain Assignees. No assignment or participation may be made to an Obligora Borrower, Affiliate of an Obligora Borrower, Defaulting Lender or natural person. Neither any Borrower nor Agent shall have no any obligation to determine whether any assignment assignee is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAgent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Arctic Cat Inc)

Certain Assignees. No Subject to Section 14.3.6, no assignment or participation may be made to Borrower, an Obligor, Affiliate of an ObligorBorrower, Defaulting Lender or natural person. Administrative Agent shall have no obligation to determine whether any assignment is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Administrative Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Administrative Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAdministrative Agent) to satisfy all funding 234 and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or 235 otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 1 contract

Samples: Term Loan and Security Agreement (DXP Enterprises Inc)

Certain Assignees. No assignment or participation may be made to Obligors, an Obligor, Affiliate of an Obligor, a Defaulting Lender or a natural personPerson. Agent shall have no obligation to determine whether any assignment assignee is permitted under the Loan Documents or whether any assignment has been properly effectuated pursuant to this AgreementDocuments. Any assignment Assignment by a Defaulting Lender must shall be accompanied by effective only if there is concurrent satisfaction of its all outstanding obligations of the Defaulting Lender under the Loan Documents in a manner satisfactory to Agent, including payment by the Eligible Assignee or Defaulting Lender or Eligible Assignee to Agent of an aggregate amount sufficient upon distribution (through direct payment, purchases of participations or other methods acceptable to Agent in its discretionAgent) to satisfy all funding and payment liabilities of the Defaulting Lender. If any assignment by a Defaulting Lender occurs (by operation of law or otherwise) does not comply without compliance with the foregoingforegoing sentence, the assignee shall be deemed a Defaulting Lender for all purposes until compliance occurs.

Appears in 1 contract

Samples: Loan and Security Agreement (Skechers Usa Inc)

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