Common use of Entire Agreement; Modification of Agreement; Sale of Interest Clause in Contracts

Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower and the Bank. The Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Documents. The Borrower consents to the Bank's participation, sale, assignment, transfer or other disposition, at any time or times on or after the Closing Date, of this Agreement and any of the other Credit Documents, or of any portion hereof or thereof, including, without limitation, the Bank's rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default is then in effect or the Termination Date has occurred, the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's prior written consent thereto.

Appears in 5 contracts

Samples: Credit Agreement (Tortoise Energy Capital Corp), Credit Agreement (Tortoise North American Energy Corp), Credit Agreement (Tortoise North American Energy Corp)

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Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower and the Bank. The Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Documents. The Borrower consents to the Bank's ’s participation, sale, assignment, transfer or other disposition, at any time or times on or after the Closing Date, of this Agreement and any of the other Credit Documents, or of any portion hereof or thereof, including, without limitation, the Bank's ’s rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default is then in effect or the Termination Date has occurred, the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's prior written consent thereto.

Appears in 2 contracts

Samples: Credit Agreement (Inergy Holdings LLC), Credit Agreement (Inergy Holdings, L.P.)

Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower and the Bank. The Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Documents. The Borrower consents to the Bank's ’s participation, sale, assignment, transfer or other disposition, at any time or times on or after the Closing Date, of this Agreement and any of the other Credit Documents, or of any portion hereof or thereof, including, without limitation, the Bank's ’s rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default is then in effect or the Termination Date has occurred, the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's ’s prior written consent thereto.

Appears in 2 contracts

Samples: Credit Agreement (Tortoise Energy Infrastructure Corp), Credit Agreement (Tortoise Capital Resources Corp)

Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower Borrowers and the Bank. The No Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Documents. The Each Borrower consents to the Bank's ’s participation, sale, assignment, transfer or other disposition, at any time or times on or after the Closing Date, of this Agreement and any of the other Credit Documents, or of any portion hereof or thereof, including, without limitation, the Bank's ’s rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default is then in effect or the Termination Date has occurred, the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's prior written consent thereto.

Appears in 2 contracts

Samples: Credit Agreement (Liquidmetal Technologies Inc), Credit Agreement (Inergy Holdings, L.P.)

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Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Loan Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower and the Bank. The Borrower may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or any of the other Credit Loan Documents. The Borrower consents Bank may sell or offer to sell the Bank's participation, sale, assignment, transfer Loan or other disposition, at any time interests therein to one or times on more assignees or after the Closing Date, of this Agreement and any participants. With respect to a sale of the other Credit DocumentsLoan, Bank shall first obtain Borrower’s prior written consent, not to be unreasonably withheld, delayed or of any portion hereof conditioned; provided that if a Default or thereof, including, without limitation, the Bank's rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default has occurred and is then continuing, no consent shall be required. Borrower shall execute, acknowledge and deliver any and all instruments reasonably requested by Bank in effect connection therewith, and to the extent, if any, specified in any such assignment or participation, such assignee(s) or participant(s) shall have the Termination Date has occurred, same rights and benefits with respect to the Loan Documents as such Person(s) would have if such Person(s) were the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's prior written consent theretohereunder.

Appears in 1 contract

Samples: Credit Agreement (LIVE VENTURES Inc)

Entire Agreement; Modification of Agreement; Sale of Interest. This Agreement and the other Credit Loan Documents, together with all other instruments, agreements and certificates executed by the parties in connection therewith or with reference thereto, embodies embody the entire agreement between the parties hereto and thereto with respect to the subject matter hereof and thereof and supersedes supersede all prior agreements, understandings and inducements, whether express or implied, oral or written. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower Borrowers and the Bank. The Borrower Borrowers may not directly or indirectly sell, assign or transfer any interest in or rights under this Agreement or and any of the other Credit Loan Documents, or any portion thereof, including, without limitation, the Borrowers' rights, title, interests, remedies, powers and duties hereunder or thereunder. The Borrower consents Borrowers hereby consent to the Bank's participation, sale, assignment, transfer or other disposition, at any time or times on or after the Closing Datehereafter, of this Agreement and any of the other Credit Loan Documents, or of any portion hereof or thereof, including, without limitation, the Bank's rights, title, interests, remedies, powers and duties hereunder or thereunder; provided, however, that, unless an Event of Default is then in effect or the Termination Date has occurred, the Bank shall not have the right to sell this Agreement or any of the other Credit Documents without first obtaining the Borrower's prior written consent thereto.

Appears in 1 contract

Samples: Credit Agreement (Zoltek Companies Inc)

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