Common use of Funds Not Assignable Clause in Contracts

Funds Not Assignable. The proceeds of the loan shall not be assigned by the Borrower nor subject to the process of any court upon legal action by or against the Borrower or by or against anyone claiming under or through Borrower, and for the purpose of this Agreement, the funds shall remain and be considered the money and property of the Lender until the Borrower is entitled to have them disbursed as provided herein. Nothing herein contained shall be considered as in anyway modifying, or subordinating the obligations previously given or to be given by the Borrower as security for the loan and such obligations shall be and remain in full force and effect, this Agreement being intended only as additional security for the loan and to insure its use for the purposes intended by the Lender and Borrower.

Appears in 2 contracts

Samples: Loan Agreement and Security Agreement (Transit Group Inc), Credit Agreement (Transit Group Inc)

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Funds Not Assignable. The proceeds of the loan shall not be assigned by the Borrower nor subject to the process of any court upon legal action by or against the Borrower or by or against anyone claiming under or through Borrower, and for the purpose of this Agreement, the funds shall remain and be considered the money and property of the Lender until the Borrower is entitled to have them disbursed as provided herein. Nothing herein contained shall be considered as in anyway modifying, or subordinating the obligations previously given or to be given by the Borrower as security for the loan and such obligations shall be and remain in full force and effect, this Agreement being intended only as additional security for the loan and to insure its use for the purposes intended by the Lender and Borrower. Section 9.7.

Appears in 2 contracts

Samples: Loan Agreement and Security Agreement (Transit Group Inc), Credit Agreement (Transit Group Inc)

Funds Not Assignable. The proceeds of the loan Loan shall not be assigned by the Borrower nor subject to the process of any court upon legal action by or against the Borrower or by or against anyone claiming under or through Borrower, and for the purpose of this Agreement, the funds shall remain and be considered the money and property of the Lender until the Borrower is entitled to have them disbursed as provided herein. Nothing herein contained shall be considered as in anyway anywise modifying, or subordinating the obligations Obligations previously given or to be given by the Borrower as security for the loan Loan and such obligations Obligations shall be and remain in full force and effect, this Agreement being intended only as additional security for the loan Loan and to insure its use for the purposes intended by the Lender and Borrower.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

Funds Not Assignable. The proceeds of the loan Loan shall not be assigned by the Borrower nor be subject to the process of any court upon legal action by or against the Borrower or by or against anyone claiming under or through Borrower, and for the purpose of this Agreement, the funds shall remain and be considered the money and property of the Lender until the Borrower is entitled to have them disbursed as provided herein. Nothing herein contained shall be considered as in anyway modifying, modifying or subordinating the obligations previously given or to be given by the Borrower as security for the loan Loan and such obligations shall be and remain in full force and effect, as this Agreement being is intended only as additional security for the loan Loan and to insure its use for the purposes intended by the Lender and the Borrower.

Appears in 1 contract

Samples: Construction Loan Agreement (American Marine Recreation Inc)

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Funds Not Assignable. The proceeds of the loan Loan shall not be assigned by the Borrower nor subject to the process of any court upon legal action by or against the Borrower or by or against anyone claiming under or through Borrower, and for the purpose of this Agreement, the funds shall remain and be considered the money and property of the Lender until the Borrower is entitled to have them disbursed as provided herein. Nothing herein contained shall be considered as in anyway anywise modifying, or subordinating the obligations previously given or to be given by the Borrower as security for the loan and such obligations shall be and remain in full force and effect, this Agreement being intended only as additional security for the loan and to insure its use for the purposes intended by the Lender and Borrower.

Appears in 1 contract

Samples: Credit Agreement (Horton D R Inc /De/)

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