Fraudulent Conveyance. Notwithstanding anything contained in this Assignment to the contrary, Assignor agrees that if, but for the application of this SECTION 5 the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"), then the Obligation and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5.
Appears in 8 contracts
Samples: Assignment of Partnership Interests (Nci Building Systems Inc), Assignment of Partnership Interests (Nci Building Systems Inc), Assignment of Partnership Interests (Nci Building Systems Inc)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Pledge Agreement to the contrary, Assignor Borrower agrees that if, but for the application of this SECTION 5 the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"), then the Obligation and each affected Security Interest will be enforceable against Assignor Borrower to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5.
Appears in 6 contracts
Samples: Pledge Agreement (Nci Building Systems Inc), Pledge Agreement (Nci Building Systems Inc), Pledge Agreement (Nci Building Systems Inc)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that Statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 2 contracts
Samples: Form of Security Agreement (Vertex Energy Inc.), Security Agreement (Deep Down, Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Pledge Agreement to the contrary, Assignor Pledgor agrees that if, but for the application of this SECTION 5 5, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"), then the Obligation and each affected Security Interest will be enforceable against Assignor Pledgor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5.
Appears in 2 contracts
Samples: Note Pledge Agreement (Nci Building Systems Inc), Note Pledge Agreement (Nci Building Systems Inc)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Pledgor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation and each affected Security Interest will be enforceable against Assignor Pledgor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 2 contracts
Samples: Sub License Agreement (Miromatrix Medical Inc.), Sub License Agreement (Miromatrix Medical Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Pledgor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor Pledgor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Samples: Pledge Agreement (Presbia PLC)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 6, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 (or any successor sectionsection of that Code) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCEFraudulent Conveyance"), then the Obligation and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 6.
Appears in 1 contract
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor agrees Debtors agree that if, but for the application of this SECTION 5 6, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 547 (or any successor sectionsection of that Code) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"), ) then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 56.
Appears in 1 contract
Fraudulent Conveyance. If any Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Borrower agrees that if, but for the application of this SECTION 5 Section, the Obligation Liabilities or any Security Interest security interest granted hereunder would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Liabilities and each affected Security Interest security interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Liabilities or any Security Interest security interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section.
Appears in 1 contract
Samples: Secured Loan Agreement and Promissory Note (North American Scientific Inc)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Grantor agrees that if, but for the application of this SECTION 5 Section 10, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 10.
Appears in 1 contract
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 10, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 10.
Appears in 1 contract
Samples: Credit Agreement (BRP Group, Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Pledgor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) ), or a fraudulent conveyance or transfer under any state state’s fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor Pledgor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 10, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 10.
Appears in 1 contract
Samples: Security Agreement (Oak Tree Educational Partners, Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that Statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Samples: Security Agreement (iBio, Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor each Pledgor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state state’s fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation and each affected Security Interest will be enforceable against Assignor such Pledgor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Samples: Pledge Agreement (Oak Tree Educational Partners, Inc.)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 11, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor sectionsection of that statute) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 11.
Appears in 1 contract
Fraudulent Conveyance. Notwithstanding anything contained in any provision of this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section 6, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section ss. 547, a fraudulent conveyance under 11 U.S.C. Section ss. 548 (or any successor sectionsection of that Code) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCEFraudulent Conveyance"), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section 6.
Appears in 1 contract
Samples: Fourth Amended And (Conns Inc)
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Debtor agrees that if, but for the application of this SECTION 5 Section, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section 547, a fraudulent conveyance under 11 U.S.C. Section 548 (or any successor sectionsection of that Code) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCEFraudulent Conveyance"), then the Obligation and each affected Security Interest will be enforceable against Assignor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION 5Section.
Appears in 1 contract
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor Xxxxxxx agrees that if, but for the application of this SECTION 5 Section 5, the Obligation Obligations or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation Obligations and each affected Security Interest will be enforceable against Assignor Pledgor to the maximum extent possible without causing the Obligation Obligations or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Samples: Pledge Agreement
Fraudulent Conveyance. Notwithstanding anything contained in this Assignment Agreement to the contrary, Assignor each Pledgor agrees that if, but for the application of this SECTION 5 Section 5, the Obligation or any Security Interest would constitute a preferential transfer under 11 U.S.C. Section § 547, a fraudulent conveyance under 11 U.S.C. Section § 548 (or any successor section) or a fraudulent conveyance or transfer under any state fraudulent conveyance or fraudulent transfer Law or similar Law in effect from time to time (each a "FRAUDULENT CONVEYANCE"“Fraudulent Conveyance”), then the Obligation and each affected Security Interest will be enforceable against Assignor such Pledgor to the maximum extent possible without causing the Obligation or any Security Interest to be a Fraudulent Conveyance, and shall be deemed to have been automatically amended to carry out the intent of this SECTION Section 5.
Appears in 1 contract
Samples: Credit Agreement (BRP Group, Inc.)