Common use of Continuing Agreement; Transfer of Notes Clause in Contracts

Continuing Agreement; Transfer of Notes. All warranties, representations and covenants made by Subordinated Creditor or Debtor herein or in any certificate or other instrument delivered by it or on its behalf shall be considered to have been relied upon by Lender and shall survive execution and delivery of the Loan Documents regardless of any investigation by or on behalf of any thereof. This Agreement is a continuing agreement and shall:(i) remain in full force and effect until the Senior Indebtedness shall have been paid in full; (ii) be binding upon Subordinated Creditor, Debtor and its successors and assigns and any subsequent holder of Subordinated Debt; and (iii) inure to the benefit of and be enforceable by Lender and its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), Lender may assign or otherwise transfer the Notes or any other evidence of any Senior Indebtedness held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such lender herein or otherwise.

Appears in 2 contracts

Samples: Subordination Agreement (Tidel Technologies Inc), Subordination Agreement (Tidel Technologies Inc)

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Continuing Agreement; Transfer of Notes. All warranties, representations and covenants made by Subordinated Creditor or Debtor herein or in any certificate or other instrument delivered by it or on its behalf shall be considered to have been relied upon by Lender and shall survive execution and delivery of the Loan Documents regardless of any investigation by or on behalf of any thereof. This Agreement is a continuing agreement and shall:(ishall: (i) remain in full force and effect until the Senior Indebtedness shall have been paid in full; (ii) be binding upon Subordinated Creditor, Debtor and its their respective permitted successors and assigns and any subsequent holder of Subordinated Debt; and (iii) inure to the benefit of and be enforceable by Lender and its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), Lender may assign or otherwise transfer the Notes or any other evidence of any Senior Indebtedness held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such lender Lender herein or otherwise.

Appears in 1 contract

Samples: Subordination Agreement (Procom Technology Inc)

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Continuing Agreement; Transfer of Notes. All warranties, representations and covenants made by Subordinated Creditor or Debtor herein or in any certificate or other instrument delivered by it or on its behalf shall be considered to have been relied upon by Lender Agent and shall survive execution and delivery of the Loan Documents regardless of any investigation by or on behalf of any thereof. This Agreement is a continuing agreement and shall:(i) remain in full force and effect until the Senior Indebtedness shall have been paid in full; (ii) be binding upon Subordinated Creditor, Debtor and its successors and assigns and any subsequent holder of Subordinated Debt; and (iii) inure to the benefit of and be enforceable by Lender Agent and its successors, transferees and assigns. Without limiting the generality of the foregoing clause (iii), Lender any Bank may assign or otherwise transfer the Notes its Note or any other evidence of any Senior Indebtedness held by it to any other person or entity, and such other person or entity shall thereupon become vested with all the rights in respect thereof granted to such lender Bank herein or otherwise.

Appears in 1 contract

Samples: Subordination Agreement (Houston Exploration Co)

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