Nature of Transfer. To the extent that the transfer of the Trust Estate from the Transferor to the Trustee is deemed to be a secured financing, the Transferor shall be deemed hereunder to have granted to the Trustee, and the Transferor does hereby grant to the Trustee, a security interest in all of the Transferor's right, title and interest in, to and under the Trust Estate, whether now owned or hereafter acquired. For purposes of such grant, this Agreement shall constitute a security agreement under applicable law.
Nature of Transfer. (a) Transfer of ownership according to this Chapter (VI.) is a security structure alternative to a transfer of ownership directly to Lender, which (transfer to Platform) both Parties deem more suitable for mitigating eventual risks.
(b) Parties acknowledge and agree that the transfer of ownership according to this Chapter (VI.) is made for the benefit of Xxxxxx; thus:
(i) Platform assumes the obligation to transfer such ownership to Lender according to Clauses 6.5(d) and 6.6(d);
(ii) save for Platform 's obligations expressly set out in this Chapter (VI.), with respect or in connection with the transfer of ownership (A) Borrower shall have no nor exercise any claims or rights towards the Platform, and (B) any and all claims or rights shall be settled directly between Parties.
(c) Without prejudice to eventual duties stemming from Escrow, the Platform shall bear no risk with regards to Collateral and have no duty of custody and preservation of the Collateral.
Nature of Transfer. (a) The transfers of Loan Assets by the Company to the Depositor pursuant to this Agreement are intended to be absolute assignments of all of the Company's right, title and interest in, to and under such Loan Assets, without recourse (except as provided in Sections 2.06, 3.03 and 3.04), for all purposes.
(b) If the transfer of any or all of the Loan Assets from the Company to the Depositor is deemed for any reason to be a secured financing, then the Company shall be deemed hereunder to have granted to the Depositor, and the Company does hereby grant to the Depositor, a first priority security interest in all of the Loan Assets. For purposes of such grant, this Agreement shall constitute a security agreement under applicable law.
(c) If the transfer contemplated by this Agreement is deemed for any reason to be less than a transfer of complete legal title of all of the Loan Assets, the parties hereto nevertheless intend that this Agreement operate to transfer all of the Loan Assets to the Depositor.
Nature of Transfer. (a) In the event that the transfer of the Lease Assets from the Company to the Transferor is deemed to be a secured financing, the Company shall be deemed hereunder to have conveyed to the Transferor, and the Company does hereby convey to the Transferor, a security interest in all of the Company's right, title and interest in, to and under the Lease Assets, whether now owned or hereafter acquired. For purposes of such conveyance, this Lease Acquisition Agreement shall constitute a security agreement under applicable law.
(b) In the event that the transfer contemplated by this Lease Acquisition Agreement is deemed for any reason to be less than a transfer of complete legal title of all of the Company's right, title and interest in, to and under the Lease Assets, the parties hereto intend that this Lease Acquisition Agreement operate to transfer all of the Company's equitable interests in, to and under the Lease Assets to the Transferor.
Nature of Transfer. Section 4.4
Nature of Transfer. (a) The transfers, assignments and contributions of Lease Assets from LFG to LFC VI hereunder are intended to be absolute assignments constituting a "true sale" for bankruptcy law purposes of all of the LFG's right title and interest in, to and under such Lease Assets, without recourse (except as otherwise provided herein), for all purposes.
(b) In the event that the transfer of the Lease Assets from LFG to LFC VI is deemed to be a secured financing, LFG shall be deemed hereunder to have Granted to LFC VI, and LFG does hereby Grant to LFC VI, a security interest in all of LFG's right, title and interest in, to and under the Lease Assets, whether now owned or hereafter acquired. For purposes of such Grant, this Agreement shall constitute a security agreement under applicable law.
(c) The transfers and assignments of Lease Assets from LFG to LFC VI hereunder do not constitute and are not intended to result in the creation or an assumption by LFC VI of any obligations of LFG under, or in connection with, any of the Lease Assets, or any agreement or instrument relating thereto, including, without limitation, (a) any obligation to any Obligor, (a) any taxes, fees or other charges imposed by any governmental authority or (c) any insurance premiums which accrued with respect to any of the Lease Assets at the time such Lease Asset is conveyed hereunder.
Nature of Transfer. In the event that the transfer of the Lease Assets from the Company to the Issuer is deemed to be a secured financing, the Company shall be deemed hereunder to have Granted to the Issuer, and the Company does hereby Grant to the Issuer, a security interest in all of the Company's right, title and interest in, to and under the Lease Assets, whether now owned or hereafter acquired. For purposes of such Grant, the Lease Acquisition Agreement shall constitute a security agreement under applicable law.
Nature of Transfer. (a) The transfer under Sections 4.1 and 4.2 shall be irrevocable, assignable, licensable and royalty-free, except as provided hereinafter in Sections 4.3(b), 4.5, and 4.7(a).
(b) The transfer of the Patents and the Intellectual Property pursuant to Section 4.1 and Section 4.2, respectively, is subject to the reservation of a nonexclusive, irrevocable, royalty-free license to the United States Government to practice such Patents and to use such Intellectual Property for Governmental Purposes, and USEC shall deliver to DOE a copy of the Records, which DOE shall have the right to use for Governmental Purposes as provided in Section 3.3(c); provided, that such license to practice such Patents and to use such Intellectual Property and such Records shall not include the right (i) to release, display or disclose detailed design, manufacturing
Nature of Transfer. 4 2.1 PURPOSE AND OBJECTIVE OF LIQUIDATING TRUST.........................4 2.2
Nature of Transfer. Dealer and Purchaser intend that each purchase of a Contract under this Agreement shall be a true sale of all of Dealer's right, title and interest in, to and under such Contract, providing Purchaser with the full benefits of ownership of the same, and Dealer and Purchaser do not intend the transaction evidenced hereby to be, or for any purpose to be characterized as, a loan secured by such Contract from Purchaser to Dealer. Without prejudice to the foregoing intention of the parties, if a court characterizes any purchase of a Contract hereunder as being a loan rather than a true sale, then Dealer hereby pledges, grants a security interest in and assigns to Purchaser all of its right and title to and interest in the Contracts which the parties hereto intend now or at any time in the future to be sold to Purchaser as security for the payment and performance of all obligations of Dealer hereunder.
