Common use of Mailings Clause in Contracts

Mailings. Please specify the person to whom the Borrowers should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: It is very important that all the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax number and we will Fax a copy of the questionnaire. If you have any questions about this form, please call Agency Administration at Credit Suisse AG. EXHIBIT B FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor named below (the “Assignor”) and the Assignee named below (the “Assignee”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex A attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted below by the Administrative Agent (i) all of the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.

Appears in 2 contracts

Samples: Credit Agreement (Lindblad Expeditions Holdings, Inc.), Credit Agreement (Lindblad Expeditions Holdings, Inc.)

AutoNDA by SimpleDocs

Mailings. Please specify the person to whom the Borrowers Borrower should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: It is very important that all the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax number and we will Fax a copy of the questionnaire. If you have any questions about this form, please call Agency Administration Group at Credit Suisse AGSuisse, Toronto Branch. Exhibit D - Form of Administrative Questionnaire EXHIBIT B E FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance SOLVENCY CERTIFICATE TRIDENT RESOURCES CORP. Trident Resources Corp., a Delaware corporation (this the Assignment and AcceptanceBorrower”), hereby certifies that (the “Officer”) is the Chief Financial Officer of the Borrower and is duly authorized to execute this Solvency Certificate on behalf of the Borrower, which is being delivered pursuant to Section 3.01(a)(iv) of the Credit Agreement dated as of the Effective Date set forth below and is entered into by and between the Assignor named below April 25, 2006 (the “AssignorCredit Agreement”) among the Borrower, the Subsidiary Guarantors, the Lenders and the Assignee named below Credit Suisse, Toronto Branch, as Administrative Agent (in such capacity, the “AssigneeAdministrative Agent”; together with the Lenders party to the Credit Agreement, the “Lender Group”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized Unless otherwise defined herein, terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assigneeare used herein as therein defined. The Standard Terms and Conditions set forth in Annex A attached hereto are Borrower hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, certifies that the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance Officer is generally familiar with the Standard Terms properties, prospects, businesses, assets, finances and Conditions and the Credit Agreement, as operations of the Effective Date inserted below by the Administrative Agent (i) all Borrower and each of the Assignor’s rights its subsidiaries and obligations in its capacity as a Lender under has carefully reviewed the Credit Agreement and any the other documents or instruments delivered pursuant thereto Loan Documents that the Officer has deemed relevant to each Guarantor and the extent related contents of this Solvency Certificate and, in connection herewith, has reviewed such other documentation and information and has made such investigation and inquiries as the Officer deems necessary and prudent therefor. The Borrower hereby further certifies that the financial information and assumptions which underlie and form the basis for the representations made in this Solvency Certificate were reasonable when made and were made in good faith and continue to the amount and percentage interest identified below of all of such outstanding rights and obligations be reasonable as of the Assignor under date hereof. The Borrower understands that the respective facilities identified below Lenders are relying on the truth and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes accuracy of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or this Solvency Certificate in connection with the transactions contemplated by the Credit Agreement and the other Loan Documents (referred to in the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.The Borrower hereby certifies that:

Appears in 1 contract

Samples: Credit Agreement (Trident Resources Corp)

Mailings. Please specify the person to whom the Borrowers Borrower should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: EXHIBIT A It is very important that all the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax fax number and we will Fax fax a copy of the questionnaire. If you have any questions about this form, please call Agency Administration at Credit Suisse AG. EXHIBIT B FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor named below (the “Assignor”) and the Assignee named below (the “Assignee”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex A attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted set forth below by the Administrative Agent (i) all of the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.

Appears in 1 contract

Samples: Assignment and Acceptance (Lindblad Expeditions Holdings, Inc.)

Mailings. Please specify the person to whom the Borrowers Borrower should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: It is very important that all the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax number and we will Fax a copy of the questionnaire. If you have any questions about this form, please call Agency Administration at Credit Suisse AGSuisse. Form of ITEC ABL Administrative Questionnaire EXHIBIT B FORM OF ASSIGNMENT AND ACCEPTANCE ASSUMPTION This Assignment and Acceptance Assumption (this the “Assignment and AcceptanceAssumption”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor named below [Insert name of Assignor] (the “Assignor”) and the Assignee named below [Insert name of Assignee] (the “Assignee”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized terms used but not defined herein shall have the meanings given to them in the ABL Credit Agreement identified belowbelow (as amended, amended and restated supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex A I attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted below by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit, guarantees, and swingline loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, as the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.

Appears in 1 contract

Samples: Security Agreement (Navistar International Corp)

AutoNDA by SimpleDocs

Mailings. Please specify the person to whom the Borrowers each Borrower should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: It is very important that all of the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax facsimile number and we will Fax send a copy of the questionnairequestionnaire via facsimile. If you have any questions about this form, please call the Agency Administration Manager at Credit Suisse AGSuisse. EXHIBIT B FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance (this “Assignment and Acceptance”) is dated as of the Effective Date set forth below and is entered into by and between the Assignor named below [Insert name of Assignor] (the “Assignor”) and the Assignee named below [Insert name of Assignee] (the “Assignee”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified belowbelow (as amended, restated, supplemented or otherwise modified from time to time, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex A 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted below by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities Credit Agreement identified below and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and AssumptionAcceptance, without representation or warranty by the Assignor.

Appears in 1 contract

Samples: Collateral Agreement (Wesco International Inc)

Mailings. Please specify the person to whom the Borrowers Borrower should send financial and compliance information received subsequent to the closing (if different from primary credit contact): Name: Street Address: City, State, Zip Code: It is very important that all the above information be accurately completed and that this questionnaire be returned to the person specified in the introductory paragraph of this questionnaire as soon as possible. If there is someone other than yourself who should receive this questionnaire, please notify us of that person’s name and Fax number and we will Fax a copy of the questionnaire. If you have any questions about this form, please call Agency Administration Group at Credit Suisse AGSuisse, Toronto Branch. Exhibit D - Form of Administrative Questionnaire EXHIBIT B E FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Acceptance SOLVENCY CERTIFICATE TRIDENT EXPLORATION CORP. Trident Exploration Corp., a Nova Scotia unlimited liability company (this the Assignment and AcceptanceBorrower”), hereby certifies that (the “Officer”) is the Chief Financial Officer of the Borrower and is duly authorized to execute this Solvency Certificate on behalf of the Borrower, which is being delivered pursuant to Section 3.01(a)(vi) of the Amended and Restated Credit Agreement dated as of the Effective Date set forth below and is entered into by and between the Assignor named below April 25, 2006 (the “AssignorCredit Agreement”) among the Borrower, the Subsidiary Guarantors, the Lenders and the Assignee named below Credit Suisse, Toronto Branch, as Collateral Agent and Administrative Agent (in such capacity, the “AssigneeAdministrative Agent”; together with the Lenders party to the Credit Agreement, the “Lender Group”). It is understood and agreed that the rights and obligations of the Assignor and the Assignee hereunder are several and not joint. Capitalized Unless otherwise defined herein, terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below, receipt of a copy of which is hereby acknowledged by the Assigneeare used herein as therein defined. The Standard Terms and Conditions set forth in Annex A attached hereto are Borrower hereby agreed to and incorporated herein by reference and made a part of this Assignment and Acceptance as if set forth herein in full. For an agreed consideration, certifies that the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance Officer is generally familiar with the Standard Terms properties, prospects, businesses, assets, finances and Conditions and the Credit Agreement, as operations of the Effective Date inserted below by the Administrative Agent (i) all Borrower and each of the Assignor’s rights its subsidiaries and obligations in its capacity as a Lender under has carefully reviewed the Credit Agreement and any the other documents or instruments delivered pursuant thereto Loan Documents that the Officer has deemed relevant to each Guarantor and the extent related contents of this Solvency Certificate and, in connection herewith, has reviewed such other documentation and information and has made such investigation and inquiries as the Officer deems necessary and prudent therefor. The Borrower hereby further certifies that the financial information and assumptions which underlie and form the basis for the representations made in this Solvency Certificate were reasonable when made and were made in good faith and continue to the amount and percentage interest identified below of all of such outstanding rights and obligations be reasonable as of the Assignor under date hereof. The Borrower understands that the respective facilities identified below Lenders are relying on the truth and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes accuracy of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or this Solvency Certificate in connection with the transactions contemplated by the Credit Agreement and the other Loan Documents (referred to in the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned by the Assignor to the Assignee pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.The Borrower hereby certifies that:

Appears in 1 contract

Samples: Credit Agreement (Trident Resources Corp)

Time is Money Join Law Insider Premium to draft better contracts faster.