Common use of Effect of Transfer Certificate Clause in Contracts

Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) to the extent that in that Transfer Certificate the Transferor Bank seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 as “discharged rights and obligations”); (b) each Obligor, the Transferee Bank and the other Finance Parties shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank has assumed and/or acquired the same in place of the Transferor Bank; and (c) the Transferee Bank and the other Finance Parties shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank been an original Party to this Agreement as a Bank with the rights and/or obligations acquired or assumed by it as a result of that transfer.

Appears in 2 contracts

Samples: Credit Facility Agreement (Amtrust Financial Services, Inc.), Facility Agreement (Amtrust Financial Services, Inc.)

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Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 21.7.1 to the extent that in that Transfer Certificate the Transferor Bank Lender seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank Lender shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 21.7 as “discharged rights and obligations”); (b) 21.7.2 each Obligor, the Transferee Bank Lender and the other Finance Parties Banks shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank Lender has assumed and/or acquired the same in place of the Transferor BankLender; and (c) 21.7.3 the Transferee Bank Lender and the other Finance Parties Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank Lender been an original Party party to this Agreement as a Bank Lender with the rights and/or obligations acquired or assumed by it as a result of that transfer.

Appears in 2 contracts

Samples: Loan Agreement (KNOT Offshore Partners LP), Loan Agreement (KNOT Offshore Partners LP)

Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 25.7.1 to the extent that in that Transfer Certificate the Transferor Bank seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 25.7 as “discharged rights and obligations”); (b) 25.7.2 each Obligor, the Transferee Bank and the other Finance Parties Banks shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank has assumed and/or acquired the same in place of the Transferor Bank; and; (c) 25.7.3 the Transferee Bank and the other Finance Parties Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank been an original Party party to this Agreement as a Bank with the rights and/or obligations acquired or assumed by it as a result of that transfer; and 25.7.4 nothing in that Transfer Certificate shall operate to release the Transferor Bank from any obligation of confidentiality to any Obligor under or in connection with this Agreement or from any claim that any Obligor may have against it in tort.

Appears in 1 contract

Samples: Credit Facility Agreement (Max Capital Group Ltd.)

Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 25.7.1 to the extent that in that Transfer Certificate the Transferor Bank Lender seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank Lender shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 ‎25.7 as "discharged rights and obligations"); (b) 25.7.2 each Obligor, the Transferee Bank Lender and the other Finance Parties Banks shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank Lender has assumed and/or acquired the same in place of the Transferor BankLender; and (c) 25.7.3 the Transferee Bank Lender and the other Finance Parties Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank Lender been an original Party party to this Agreement as a Bank Lender with the rights and/or obligations acquired or assumed by it as a result of that transfer.

Appears in 1 contract

Samples: Loan Agreement (Omega Navigation Enterprises, Inc.)

Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 25.8.1 to the extent that in that Transfer Certificate the Transferor Bank Lender seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank Lender shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 25.8 as “discharged rights and obligations”); (b) 25.8.2 each Obligor, the Transferee Bank Lender and the other Finance Parties Banks shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank Lender has assumed and/or acquired the same in place of the Transferor BankLender; and (c) 25.8.3 the Transferee Bank Lender and the other Finance Parties Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank Lender been an original Party party to this Agreement as a Bank Lender with the rights and/or obligations acquired or assumed by it as a result of that transfer.

Appears in 1 contract

Samples: Loan Agreement (Euronav NV)

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Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 25.7.1 to the extent that in that Transfer Certificate the Transferor Bank seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 ý25.7 as “discharged rights and obligations”); (b) 25.7.2 each Obligor, the Transferee Bank and the other Finance Parties Banks shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank has assumed and/or acquired the same in place of the Transferor Bank; and; (c) 25.7.3 the Transferee Bank and the other Finance Parties Banks shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank been an original Party party to this Agreement as a Bank with the rights and/or obligations acquired or assumed by it as a result of that transfer; and 25.7.4 nothing in that Transfer Certificate shall operate to release the Transferor Bank from any obligation of confidentiality to any Obligor under or in connection with this Agreement or from any claim that any Obligor may have against it in tort.

Appears in 1 contract

Samples: Credit Facility Agreement (Max Capital Group Ltd.)

Effect of Transfer Certificate. A Transfer Certificate shall have effect in accordance with the following: (a) 26.7.1 to the extent that in that Transfer Certificate the Transferor Bank seeks to transfer its rights and/or its obligations under this Agreement and the other Finance Documents, each Obligor and the Transferor Bank shall each be released from further obligations to the other under this Agreement and the other Finance Documents and their respective rights against each other shall be cancelled (such rights and obligations being referred to in this Clause 27.7 26.7 as “discharged rights and obligations”); (b) 26.7.2 each Obligor, the Transferee Bank and the other Finance Creditor Parties shall each assume obligations towards each other and/or acquire rights against each other which differ from the discharged rights and obligations only insofar as the Transferee Bank has assumed and/or acquired the same in place of the Transferor Bank; and; (c) 26.7.3 the Transferee Bank and the other Finance Creditor Parties shall acquire the same rights and assume the same obligations between themselves as they would have acquired and assumed had the Transferee Bank been an original Party party to this Agreement as a Bank with the rights and/or obligations acquired or assumed by it as a result of that transfer; and 26.7.4 nothing in that Transfer Certificate shall operate to release the Transferor Bank from any obligation of confidentiality to any Obligor under or in connection with this Agreement or from any claim that any Obligor may have against it in tort.

Appears in 1 contract

Samples: Credit Facility Agreement (ALTERRA CAPITAL HOLDINGS LTD)

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