Common use of Form of Lease Contracts Clause in Contracts

Form of Lease Contracts. All Lease Contracts will be (i) in a form prescribed by Aaron’s for use by its franchisees, (ii) be transferable to Bank and (iii) contain the following provision directly above Borrower’s customer’s signature: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OF, OR GRANT OF A SECURITY INTEREST IN, ANY OR ALL OF THE LESSOR’S RIGHT, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTY. NO SUCH TRANSFER OR GRANT 2 Note: in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereof, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENT.” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST BANK AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Company, Inc.)

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Form of Lease Contracts. All Lease Contracts will be (ia) in a form prescribed by Aaron’s Xxxxx for use by its franchiseesfranchisees and the franchisees of HomeSmart, (iib) be transferable to Bank and (iiic) contain the following provision directly above Borrower’s customer’s signatureprovision: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARYThe undersigned consents to the transfer of, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OFor grant of a security interest in, OR GRANT OF A SECURITY INTEREST INany or all of the Lessor’s right, ANY OR ALL OF THE LESSOR’S RIGHTtitle and interest (residual or otherwise) in and under this Agreement to any third party. No such transfer, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTYgrant of security interest or enforcement of security interest will affect the undersigned’s lease obligations, change any duties of, or increase any burdens or risks imposed on, the parties to this Agreement. NO SUCH TRANSFER OR GRANT 2 Note: All rights and remedies of the undersigned provided under Section 2A-303 of the Uniform Commercial Code, as adopted in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereofapplicable jurisdiction, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENTare waived .” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST SUNTRUST BANK AS COLLATERAL SECURITY AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent. (v) replacing the reference to “303 Peachtree Street, N.E., 2nd Floor, Mail Code 1802, Xxxxxxx, Xxxxxxx 00000” in Section 4(i) with “3333 Peachtree Road, N.E., 3rd Floor, Mail Code 1802, Xxxxxxx, Xxxxxxx 00000” and (vi) “000 Xxxxxxxxx Xxxxxx, X.X., 0xx Xxxxx, Mail Code 1802, Xxxxxxx, Xxxxxxx 00000, Telecopier No.: (000)000-0000” in Section 12 with “3333 Peachtree Road, N.E., 3rd Floor, Mail Code 1802, Xxxxxxx, Xxxxxxx 00000, Telecopier No.: (000) 000-0000”; (vi) adding the following new definition in alphabetical order in Section 1.1 thereof:

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

Form of Lease Contracts. All Lease Contracts will (a) be (i) in a form prescribed by Aaron’s Xxxxx for use by its franchisees, (iib) be transferable to Bank and (iiic) contain the following provision directly above Borrower’s customer’s signature: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OF, OR GRANT OF A SECURITY INTEREST IN, ANY OR ALL OF THE LESSOR’S RIGHT, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTY. NO SUCH TRANSFER OR GRANT 2 Note: in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereof, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; OR (C) GIVE RISE TO ANY RIGHTS OR REMEDIES PROVIDED UNDER SECTION 2A-303(1)(b) OF THE UNIFORM COMMERCIAL CODE, AS ADOPTED IN THE APPLICABLE JURISDICTION. NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENT. THE UNDERSIGNED WAIVES ALL RIGHTS AND REMEDIES PROVIDED UNDER SECTION 2A-303 OF THE UNIFORM COMMERCIAL CODE, AS ADOPTED IN THE APPLICABLE JURISDICTION.” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST SUNTRUST BANK AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

Form of Lease Contracts. All Lease Contracts will be (i) in a form prescribed by Aaron’s Xxxxx for use by its franchisees, (ii) be transferable to Bank and (iii) contain the following provision directly above Borrower’s customer’s signature: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OF, OR GRANT OF A SECURITY INTEREST IN, ANY OR ALL OF THE LESSOR’S RIGHT, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTY. NO SUCH TRANSFER OR GRANT 2 Note: in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereof, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENT.” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST SUNTRUST BANK AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Inc)

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Form of Lease Contracts. All Lease Contracts will be (i) in a form prescribed by Aaron’s for use by its franchisees, (ii) be transferable to Bank and (iii) contain the following provision directly above Borrower’s customer’s signature: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OF, OR GRANT OF A SECURITY INTEREST IN, ANY OR ALL OF THE LESSOR’S RIGHT, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTY. NO SUCH TRANSFER OR GRANT OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN 2 Note: in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereof, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENT.” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST BANK AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Company, Inc.)

Form of Lease Contracts. All Lease Contracts will (a) be (i) in a form prescribed by Aaron’s for use by its franchisees, (iib) be transferable to Bank and (iiic) contain the following provision directly above Borrower’s customer’s signature: “NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE UNDERSIGNED ACKNOWLEDGES AND CONSENTS TO THE TRANSFER OF, OR GRANT OF A SECURITY INTEREST IN, ANY OR ALL OF THE LESSOR’S RIGHT, TITLE AND INTEREST (RESIDUAL OR OTHERWISE) IN AND UNDER THIS AGREEMENT TO ANY THIRD PARTY. NO SUCH TRANSFER OR GRANT 2 Note: in the case of a Borrower with a Term Loan Commitment that has customized financial covenants as specified by Aaron’s in accordance with Section 6 hereof, an additional $5,000 fee will be charged. OF SECURITY INTEREST WILL: (A) AFFECT THE UNDERSIGNED’S LOAN INDEBTEDNESS; (B) CHANGE ANY DUTIES OF, OR INCREASE ANY BURDENS OR RISKS IMPOSED ON, THE PARTIES TO THIS AGREEMENT; OR (C) GIVE RISE TO ANY RIGHTS OR REMEDIES PROVIDED UNDER SECTION 2A-303(1)(b) OF THE UNIFORM COMMERCIAL CODE, AS ADOPTED IN THE APPLICABLE JURISDICTION. NO ENFORCEMENT OF ANY SECURITY INTEREST WILL CONSTITUTE A TRANSFER THAT CHANGES ANY DUTIES OF, OR INCREASES ANY BURDENS OR RISK IMPOSED ON, THE PARTIES TO THIS AGREEMENT. THE UNDERSIGNED WAIVES ALL RIGHTS AND REMEDIES PROVIDED UNDER SECTION 2A-303 OF THE UNIFORM COMMERCIAL CODE, AS ADOPTED IN THE APPLICABLE JURISDICTION.” Immediately upon execution of the same, all Lease Contracts shall be hereby assigned to Bank, and, immediately upon Bank’s request, delivered to Bank together with any and all related documents, and will contain, by way of a stamp or as a part of the preprinted lease contract, the following legend directly below Borrower’s customer’s signature: “FOR VALUE RECEIVED, THIS AGREEMENT HAS BEEN ASSIGNED TO TRUIST BANK AND THERE ARE NO DEFENSES AGAINST THE ASSIGNEE.” Borrower will not assign, sell, pledge, convey or by any other means transfer to any person other than Bank any Lease Contracts or Chattel Paper, without Bank’s prior written consent.

Appears in 1 contract

Samples: Loan Facility Agreement (Aaron's Company, Inc.)

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