No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 65 contracts

Samples: Credit Agreement (Sunedison, Inc.), Credit Agreement (Sandridge Energy Inc), Credit Agreement (SunEdison Semiconductor LTD)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 31 contracts

Samples: Credit Agreement (Antero Midstream Corp), Credit Agreement (Antero Midstream Partners LP), Credit Agreement (Antero Resources Midstream LLC)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by ~~the Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 23 contracts

Samples: Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (Resmed Inc), Credit Agreement

No Assignment to Natural Persons. No such assignment shall be made to a natural person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05, and 10.04~~ Section 11.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. ~~Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender.~~ Any assignment or transfer by a Lender other than the Initial Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 19 contracts

Samples: Loan and Guarantee Agreement (Jetblue Airways Corp), Loan and Guarantee Agreement (United Airlines, Inc.), Loan and Guarantee Agreement (Frontier Group Holdings, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 17 contracts

Samples: Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (Allied Motion Technologies Inc), Credit Agreement (American Eagle Outfitters Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 15 contracts

Samples: Credit Agreement (Advanced Drainage Systems, Inc.), Revolving Credit Facility (Advanced Drainage Systems, Inc.), Credit Agreement (Armstrong Coal Company, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.06(d).

Appears in 13 contracts

Samples: Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Harvard Bioscience Inc), Credit Agreement (Suburban Propane Partners Lp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.06(d).

Appears in 13 contracts

Samples: Credit Agreement (Container Store Group, Inc.), Ratification and Amendment Agreement (Cenveo, Inc), Credit Agreement (Cenveo, Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person.~~ person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person).‌ Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05, and 10.04~~ Section 11.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. ~~Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender.~~ Any assignment or transfer by a Lender other than the Initial Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 12 contracts

Samples: Loan and Guarantee Agreement, Loan and Guarantee Agreement, Loan and Guarantee Agreement

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 11.7, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~Section 3.6, ~~3.04, 3.05~~Section 3.7, and ~~10.04~~ Section 11.10 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 11.7.

Appears in 12 contracts

Samples: Credit Agreement (CVS HEALTH Corp), 364 Day Credit Agreement (CVS HEALTH Corp), 364 Day Credit Agreement (CVS HEALTH Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 12 contracts

Samples: Credit Agreement (Patterson Uti Energy Inc), Term Loan Agreement (Patterson Uti Energy Inc), Credit Agreement (Patterson Uti Energy Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.8, ~~3.04~~4.9, ~~3.05~~4.10, 4.11 and ~~10.04~~ 13.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 12 contracts

Samples: Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc), Credit Agreement (Family Dollar Stores Inc)

No Assignment to Natural Persons. No such assignment shall be made to (A) any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (A), or (B) a natural person (or to a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural person). Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.11, ~~3.04, 3.05,~~ 4.02 and ~~10.04~~ 10.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the ~~Borrower~~ applicable Loan Party (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.07(d).

Appears in 11 contracts

Samples: Fourth Amended and Restated Revolving Credit Agreement (Gap Inc), Revolving Credit Agreement (Rayonier Advanced Materials Inc.), Revolving Credit Agreement (Rayonier Advanced Materials Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.16, ~~3.04~~2.17, ~~3.05,~~ 2.19 and ~~10.04~~ 7.03 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 11 contracts

Samples: Five Year Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co), Five Year Credit Agreement (South Carolina Electric & Gas Co)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to the immediately following subsection (c~~) of this Section~~), from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4., ~~3.04, 3.05,~~ 12.2. and ~~10.04~~ 12.10. and the other provisions of this Agreement and the other Loan Documents as provided in Section 12.11. with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with the immediately following subsection (d~~) of this Section~~).

Appears in 10 contracts

Samples: Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp), Credit Agreement (Regency Centers Lp)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~person or a holding company, investment vehicle or trust for, or owned and granted for the primary benefit of, a natural Person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 13.4, from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01, 3.04, 3.05,~~ 12.8 and ~~10.04~~ 14.6 and the other provisions of this Agreement and the other Loan Documents that survive the termination hereof and thereof with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 13.2.

Appears in 9 contracts

Samples: Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Term Loan Agreement (First Industrial Lp), Unsecured Revolving Credit Agreement (First Industrial Lp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.14, ~~3.04~~2.15, ~~3.05,~~ 2.16 and ~~10.04~~ 9.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 9 contracts

Samples: Bridge Credit Agreement (Constellation Brands, Inc.), Term Loan Credit Agreement (Constellation Brands, Inc.), Credit Agreement (Mylan Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 9 contracts

Samples: Credit Agreement (HealthSpring, Inc.), Credit Agreement (HealthSpring, Inc.), Credit Agreement (Brookdale Senior Living Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.5, ~~3.04~~3.6, ~~3.05,~~ 3.7 and ~~10.04~~ 10.3 with respect to claims arising from facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 9 contracts

Samples: Credit Agreement (Gci, LLC), Credit Agreement (Gci Liberty, Inc.), Credit Agreement (Gci Liberty, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.5, ~~3.04~~3.6, ~~3.05,~~ 3.7 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 8 contracts

Samples: Credit Agreement (Allete Inc), Term Loan Agreement (Allete Inc), Credit Agreement (Allete Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 10.4, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.16, ~~3.04~~2.17, ~~3.05,~~ 2.18 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 10.4.

Appears in 8 contracts

Samples: Revolving Credit Agreement (NGP Capital Resources Co), Revolving Credit Agreement (NGP Capital Resources Co), Revolving Credit Agreement (NGP Capital Resources Co)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 7 contracts

Samples: Credit Agreement (Ebay Inc), Credit Agreement (United States Cellular Corp), Credit Agreement (Pzena Investment Management, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person (or holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of ~~Sections~~ Section 3.01, Section 3.04, ~~3.05,~~ Section 3.05 and Section 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the ~~Borrower~~ Company (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 7 contracts

Samples: Credit Agreement (MSGE Spinco, Inc.), Credit Agreement (Madison Square Garden Entertainment Corp.), Credit Agreement (Madison Square Garden Entertainment Corp.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the ~~effective date~~ Closing Date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.8, ~~3.04~~4.9, ~~3.05~~4.10, 4.12 and ~~10.04~~ 11.3 with respect to facts and circumstances occurring prior to the ~~effective date~~ Closing Date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 7 contracts

Samples: Term Loan Agreement (Owens Corning), Credit Agreement (Owens Corning), 364 Day Term Loan Agreement (Owens Corning)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to the immediately following subsection (c~~) of this Section~~), from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4, ~~3.04, 3.05,~~ 12.2 and ~~10.04~~ 12.9 and the other provisions of this Agreement and the other Loan Documents as provided in Section 12.10 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with the immediately following subsection (d~~) of this Section~~).

Appears in 7 contracts

Samples: Term Loan Agreement (Piedmont Office Realty Trust, Inc.), Revolving Credit Agreement (Piedmont Office Realty Trust, Inc.), Term Loan Agreement (Piedmont Office Realty Trust, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 7 contracts

Samples: Credit Agreement (Gaylord Entertainment Co /De), Credit Agreement (Stater Bros Holdings Inc), Credit Agreement (Gaylord Entertainment Co /De)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 7 contracts

Samples: Credit Agreement (Nacco Industries Inc), Revolving Credit Facility (Finish Line Inc /In/), Revolving Credit Facility (Nacco Industries Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 9.02, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and the Credit Agreement as a Lender and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement and the Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement and the Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto~~hereto and to the Credit Agreement) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05, and 10.04~~ Section 6 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section.~~Section 9.03.‌

Appears in 7 contracts

Samples: Co Lender Agreement, Co Lender Agreement, Co Lender Agreement

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to subsection (c) of this ~~Section~~Section and notice thereof to the Borrower, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.11, ~~3.04, 3.05,~~ 2.14 and ~~10.04~~ 8.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 6 contracts

Samples: Credit Agreement (Pinnacle West Capital Corp), Credit Agreement (Pinnacle West Capital Corp), Credit Agreement (Pinnacle West Capital Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05, and 10.04~~ Section ‎11.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. ~~Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender.~~ Any assignment or transfer by a Lender other than the Initial Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 6 contracts

Samples: Loan Agreement (Jetblue Airways Corp), Loan and Guarantee Agreement (Skywest Inc), Loan and Guarantee Agreement (Skywest Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.12, ~~3.04, 3.05,~~ 2.15 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 6 contracts

Samples: Credit Agreement (Teva Pharmaceutical Industries LTD), Loan Agreement (Teva Pharmaceutical Industries LTD), Bridge Loan Agreement (Teva Pharmaceutical Industries LTD)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 6 contracts

Samples: Credit Agreement (Health Management Associates Inc), Credit Agreement (McClatchy Co), Credit Agreement (Health Management Associates Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the ~~Borrower~~ Borrowers (at ~~its~~ their expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 5 contracts

Samples: Credit Agreement (Government Properties Income Trust), Credit Agreement (Prospect Medical Holdings Inc), Credit Agreement (Tidewater Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 5 contracts

Samples: Credit Agreement (K12 Inc), Credit Agreement (Pegasystems Inc), Credit Agreement (Bob Evans Farms Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, and the surrender by the assigning Lender of its Notes, the Lead Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 5 contracts

Samples: Credit Agreement (Polymer Group Inc), Credit Agreement (Dominion Textile (Usa), L.L.C.), Credit Agreement (Dominion Textile (Usa), L.L.C.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 10.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04~~4.10 [Increased Costs] and 10.3 [Expenses, ~~3.05, and 10.04~~ Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 10.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.8.4 [Participations].

Appears in 5 contracts

Samples: Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.), Credit Agreement (Under Armour, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 13.4, from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01, 3.04, 3.05,~~ 12.8 and ~~10.04~~ 14.6 and the other provisions of this Agreement and the other Loan Documents that survive the termination hereof and thereof with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 13.2.

Appears in 5 contracts

Samples: Unsecured Term Loan Agreement (First Industrial Realty Trust Inc), Unsecured Revolving Credit Agreement (First Industrial Realty Trust Inc), Unsecured Term Loan Agreement (First Industrial Realty Trust Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 10.07(c), from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, ~~3.04~~3.02, ~~3.05,~~ 10.04 and ~~10.04~~ 10.05 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 5 contracts

Samples: Credit Agreement (Amryt Pharma PLC), Credit Agreement (Amryt Pharma PLC), Bridge Credit Agreement (Novelion Therapeutics Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, and the surrender by the assigning Lender of its Notes, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 5 contracts

Samples: First Lien Credit Agreement (Royal Resources Partners LP), Second Lien Credit Agreement (Royal Resources Partners LP), Credit Agreement (DJO Finance LLC)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this ~~Section~~Section 11.06, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.06(d).

Appears in 4 contracts

Samples: Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.), Credit Agreement (Container Store Group, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of ~~Sections~~ Section 3.01, Section 3.04, ~~3.05,~~ Section 3.05 and Section 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the ~~Borrower~~ Company (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 4 contracts

Samples: Credit Agreement (Madison Square Garden Co), Amendment Agreement (CSC Holdings Inc), Credit Agreement (Cablevision Systems Corp /Ny)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ subSection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, ~~the~~ Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ subSection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ subSection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (TUTOR PERINI Corp), Credit Agreement (Perini Corp), Credit Agreement (Perini Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.9, ~~3.04~~3.11, ~~3.05~~3.12, and ~~10.04~~ 11.5 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Second Lien Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned and assumed by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Republic Services, Inc.), Credit Agreement (Republic Services Inc), Credit Agreement (Republic Services Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Demand Media Inc.), Credit Agreement (Demand Media Inc.), Credit Agreement (NameMedia, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by ~~the~~ Administrative Agent pursuant to ~~subsection (c) of this Section~~Subsection 8.1(C), from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~Subsections 1.4(D), ~~3.04~~1.11, ~~3.05~~1.13, 1.14, 9.1, 9.14 and ~~10.04~~ 9.15 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Subsection 8.1(B) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Subsection 8.1(D).

Appears in 4 contracts

Samples: Credit Agreement (Surewest Communications), Credit Agreement (Atlantic Tele Network Inc /De), Credit Agreement (Atlantic Tele Network Inc /De)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.3, ~~3.04~~3.4, ~~3.05,~~ 3.5 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 4 contracts

Samples: Term Loan Agreement (Allete Inc), Term Loan Agreement (Allete Inc), Term Loan Agreement (Allete Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~5.8, ~~3.04~~5.9, ~~3.05~~5.10, 5.11 and ~~10.04~~ 14.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Tekelec), Credit Agreement (Merit Medical Systems Inc), Credit Agreement (Tekelec)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and ~~10.04~~ 11.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Albemarle Corp), Term Loan Credit Agreement (Global Payments Inc), Credit Agreement (Albemarle Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this ~~Section~~Section 10.06, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, and the surrender by the assigning Lender of its Initial Loan Note, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection (b) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 4 contracts

Samples: Credit Agreement (Polymer Group Inc), Senior Unsecured Bridge Credit Agreement (Polymer Group Inc), Credit Agreement (Polymer Group Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment ~~and Assumption~~Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment ~~and Assumption~~Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment ~~and Assumption~~Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment ~~and Assumption~~ Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.1, ~~3.04~~3.2, ~~3.05~~3.4, 3.5 and ~~10.04~~ 9.6 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 4 contracts

Samples: Five Year Credit Agreement (Cardinal Health Inc), Five Year Credit Agreement (Cardinal Health Inc), Credit Agreement (Cardinal Health Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.6, ~~3.04~~3.9, ~~3.05~~3.11, 3.12, and ~~10.04~~ 11.5 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 4 contracts

Samples: Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc), Credit Agreement (Amn Healthcare Services Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.9.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.4 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.9.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.9.4 [Participations].

Appears in 4 contracts

Samples: Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, Inc.), Credit Agreement (Crocs, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01, 3.04, 3.05,~~ 2.18 and ~~10.04~~ 9.03 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 4 contracts

Samples: Revolving Credit Agreement (Power Solutions International, Inc.), Uncommitted Revolving Credit Agreement (Power Solutions International, Inc.), Revolving Credit Agreement (Power Solutions International, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 15.5.3, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~8.1, ~~3.04~~15.5, ~~3.05~~15.14, 15.15, 15.16, and ~~10.04~~ 15.17 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 15.5.4.

Appears in 3 contracts

Samples: Forbearance Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.), Credit Agreement (Digerati Technologies, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.17, ~~3.04~~2.18, ~~3.05,~~ 2.19 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request~~; provided that, ~~the Borrower (at its expense) shall execute and deliver a Note~~ except to the ~~assignee~~ extent otherwise expressly agreed by the affected parties, no assignment by a Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such Lender’s having been a Defaulting Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Term Loan Agreement (Buckeye Partners, L.P.), Revolving Credit Agreement (Buckeye Partners, L.P.), Revolving Credit Agreement (Buckeye Partners, L.P.)

No Assignment to Natural Persons. No such assignment shall be made to (i) a natural person; (ii) an entity that is not a bank, insurance company or a financial institution that is engaged in making, purchasing, holding or otherwise investing in commercial loans and similar extensions of credit in the ordinary course of its business or an Affiliate of any of the foregoing or (iii) a Xxxxxxx Competitor. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 11.5, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a ~~party to~~ Lender under this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender ~~thereunder~~ shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.14, ~~3.04~~2.15, ~~3.05,~~ 2.16 and ~~10.04~~ 11.4 with respect to facts and circumstances occurring prior to the effective date of such assignment. ~~Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender.~~ Any assignment or transfer by a any Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 11.5.

Appears in 3 contracts

Samples: Term Loan Credit Agreement, Term Loan Credit Agreement (Bristow Group Inc), Term Loan Credit Agreement (Bristow Group Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.2, ~~3.04~~4.3, ~~3.05~~4.4, 4.5, 4.6 and ~~10.04~~ 14.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 3 contracts

Samples: Loan and Security Agreement (ADS Tactical, Inc.), Loan and Security Agreement (ADS Tactical, Inc.), Loan and Security Agreement (ADS Tactical, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person (including, without limitation, holding companies, investment vehicles or trusts for, or owned and operated for the primary benefit of, a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ Section (c) ~~of this Section~~[Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [Term SOFR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8(b) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d~~Section 11.8(d) ~~of this Section~~[Participations].

Appears in 3 contracts

Samples: Term Loan Agreement (Dayton Power & Light Co), Term Loan Agreement (Ipalco Enterprises, Inc.), Term Loan Agreement (Ipalco Enterprises, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the ~~assignee~~ Eligible Assignee thereunder shall be a party to this Loan Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Loan Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Loan Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Loan Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.9, ~~3.04~~3.12, ~~3.05~~3.13, 3.14, and ~~10.04~~ 11.5(b) with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Loan Agreement that does not comply with this subsection shall be treated for purposes of this Loan Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (Public Service Co of New Mexico), Term Loan Agreement (PNM Resources Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.14, ~~3.04~~2.15, ~~3.05~~2.16, 2.17, 2.18 and ~~10.04~~ 9.5 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc), Credit Agreement (Red Robin Gourmet Burgers Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.11, ~~3.04, 3.05,~~ 2.12 and ~~10.04~~ 11.3 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.), Credit and Security Agreement (Ameresco, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, 10.04 and ~~10.04~~ 10.05 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the ~~Borrower~~ Borrowers (at ~~its~~ their expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Aviv Healthcare Properties L.P.), Credit Agreement (Bellingham II Associates, L.L.C.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.18, ~~3.04~~2.19, ~~3.05,~~ 2.20 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request~~; provided that, ~~the Borrower (at its expense) shall execute and deliver a Note~~ except to the ~~assignee~~ extent otherwise expressly agreed by the affected parties, no assignment by a Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from such Lender’s having been a Defaulting Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Revolving Credit Agreement (Arc Logistics Partners LP), Revolving Credit Agreement (Arc Logistics Partners LP), Revolving Credit Agreement (Arc Logistics Partners LP)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 3 contracts

Samples: Credit Agreement (Echo Global Logistics, Inc.), Credit Agreement (Sl Industries Inc), Credit Agreement (Bob Evans Farms Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~person or to Defaulting Lenders. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.14, ~~3.04~~2.15, ~~3.05,~~ 2.16 and ~~10.04~~ 9.03 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section. Further, the European Borrower hereby expressly accepts and confirms, for the purposes of articles 1278 and 1281 of the Luxembourg civil code, that notwithstanding any assignment, transfer and/or novation permitted under, and made in accordance with, the provisions of this Agreement, any security provided pursuant to a Collateral Document to which the European Borrower is a party shall be preserved for the benefit of any new Lender.

Appears in 3 contracts

Samples: Credit Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.), Restatement Agreement (Constellation Brands, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 10.4, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.19, ~~3.04~~2.20, ~~3.05,~~ 2.21 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 10.4.

Appears in 3 contracts

Samples: Revolving Credit and Term Loan Agreement (Stanley, Inc.), Revolving Credit and Term Loan Agreement (Stanley, Inc.), Revolving Credit and Term Loan Agreement (Stanley, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections ~~3.01~~3.9, ~~3.04~~3.12, ~~3.05~~3.13, 3.14 and ~~10.04~~ 11.5 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Quest Diagnostics Inc), Bridge Credit Agreement (Quest Diagnostics Inc), Credit Agreement (Quest Diagnostics Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01,~~ 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note in the applicable form to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Delayed Draw Term Loan Agreement (Globe Life Inc.), Delayed Draw Term Loan Agreement (Globe Life Inc.), 364 Day Term Loan Agreement (Globe Life Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~person (or a company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person or relative(s) thereof). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.12, ~~3.04, 3.05,~~ 2.15 and ~~10.04~~ 8.04 and subject to the obligations of Section 7.05 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request~~; provided, ~~the Borrower (at its expense) shall execute and deliver a Note~~ that except to the ~~assignee~~ extent otherwise expressly agreed by the affected parties, no assignment by a Defaulting Lender will constitute a waiver or release of any claim of any party hereunder arising from that Xxxxxx’s having been a Defaulting Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Ovintiv Inc.), Asset Sale Term Credit Agreement (Ovintiv Inc.), Term Credit Agreement (Ovintiv Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by ~~the Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ Borrower (at its expense) shall execute and deliver a Note to the assignee Lender and (to the extent the assigning Lender continues to hold any portion of the Commitments being assigned) to the assigning Lender in exchange for the Note, if any, previously issued to the assigning Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Mistras Group, Inc.), Credit Agreement (Mistras Group, Inc.), Credit Agreement (Mistras Group, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~person or anyone other than an Eligible Assignee. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.1, ~~3.04~~3.4, ~~3.05~~3.5, and ~~10.04~~ 12.4 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit and Guaranty Agreement (Ventas Inc), Interim Loan and Guaranty Agreement (Ventas Inc), Credit and Guaranty Agreement (Ventas Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections ~~3.01~~3.9, ~~3.04, 3.05,~~ 3.10 and ~~10.04~~ 3.11 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.3(d).

Appears in 3 contracts

Samples: Five Year Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc), Credit Agreement (Autozone Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.01, ~~3.04~~4.04, ~~3.05~~4.05, 11.04, 11.05, and ~~10.04~~ 11.06 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: 364 Day Credit Agreement (Devon Energy Corp/De), 364 Day Credit Agreement (Devon Energy Corp/De), Credit Agreement (Devon Energy Corp/De)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c~~Section 10.8(c) ~~of this Section~~[Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~Section 3.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~Section 4.8 [Increased Costs], and ~~10.04~~ Section 10.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection (b) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d~~Section 10.8(d) ~~of this Section~~[Participations].

Appears in 3 contracts

Samples: Credit Agreement (Gsi Commerce Inc), Credit Agreement (Gsi Commerce Inc), Credit Agreement (Gsi Commerce Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.14, ~~3.04~~2.15, ~~3.05~~2.16, 2.20 and ~~10.04~~ 9.05, with respect to facts and circumstances occurring prior to the effective date of such ~~assignment. Upon request, the Borrower (at~~ assignment as well as to any Fees accrued for its ~~expense) shall execute~~ account and ~~deliver a Note to the assignee Lender~~not yet paid. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 9.04(d).

Appears in 3 contracts

Samples: Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc), Credit Agreement (School Specialty Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by ~~the Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Term Loan Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.), Credit Agreement (CNL Healthcare Properties, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.5, ~~3.04~~3.6, ~~3.05,~~ 3.7 and ~~10.04~~ 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment. ~~Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender.~~ Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Power LLC), Credit Agreement (Cleco Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to ~~subsection (c) of this Section~~Section 11.11.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.6.1 [Increased Costs Generally], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.11.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.11.4 [Participations].

Appears in 3 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Term Loan Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of a natural person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.1, ~~3.04~~3.4, ~~3.05~~3.5, and ~~10.04~~ 10.4 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ each Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: Credit Agreement (Nabors Industries LTD), Credit Agreement (Parker Drilling Co /De/), Credit Agreement (Parker Drilling Co /De/)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, and the surrender by the assigning Lender of its Note, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.06(d).

Appears in 3 contracts

Samples: Term B Loan Credit Agreement (Remy International, Inc.), Term B Loan Credit Agreement (Remy International, Inc.), Term B Loan Credit Agreement (Remy International, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person or to any holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [LIBOR Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.9 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 3 contracts

Samples: Credit Agreement (New Jersey Resources Corp), Credit Agreement (New Jersey Resources Corp), Revolving Credit Facility (New Jersey Resources Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.5 [Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 3 contracts

Samples: Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co), Credit Agreement (Hallador Energy Co)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, with respect to payments by or on account of any obligation of any Loan Party hereunder or under any other Loan Document, and the benefits of Sections 3.04, 3.05, and ~~10.04~~ 11.04 with respect to facts and ~~circumstances~~ circumstances, in each case, occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 3 contracts

Samples: 364 Day Credit and Guarantee Agreement (PayPal Holdings, Inc.), 364 Day Credit and Guarantee Agreement (PayPal Holdings, Inc.), Credit and Guarantee Agreement (PayPal Holdings, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person). Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 10.4, from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05,~~ Section 2.10 and ~~10.04~~ Section 10.3 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 10.4.

Appears in 3 contracts

Samples: Term Loan Agreement (Sorrento Therapeutics, Inc.), Term Loan Agreement (Sorrento Therapeutics, Inc.), Term Loan Agreement (Sorrento Therapeutics, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 10.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~3.4 [LIBOR Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~4.7 [Increased Costs; Indemnity], and ~~10.04~~ 10.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 10.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 10.8.4 [Participations].

Appears in 3 contracts

Samples: Revolving Credit Facility (Mine Safety Appliances Co), Revolving Credit Facility (Allegheny Technologies Inc), Credit Agreement (Allegheny Technologies Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Credit Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Credit Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Credit Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Credit Agreement, such Lender shall cease to be a party ~~hereto)~~ hereto but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, 10.04 and ~~10.04~~ 10.05 with respect to facts and circumstances occurring prior to the effective date of such assignment). Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Credit Agreement that does not comply with this subsection shall be treated for purposes of this Credit Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 2 contracts

Samples: Credit Agreement (Sabra Health Care REIT, Inc.), Credit Agreement (Sabra Health Care REIT, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by ~~the Administrative Agent pursuant to subsection (c) of this Section~~Agent, from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a ~~party to~~ "Lender" for all purposes of this Agreement and the other documents contemplated hereby and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~subsections 3.2, ~~3.04~~3.4, ~~3.05,~~ 3.5 and ~~10.04~~ 11.14 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection 11.7(b) shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection ~~(d) of this Section~~11.4.

Appears in 2 contracts

Samples: Credit Agreement (M I Homes Inc), Credit Agreement (M I Homes Inc)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.11, ~~3.04~~2.13, ~~3.05~~2.14, 11.5 and ~~10.04~~ 11.12 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note (i) to the assignee Lender and (ii) to the assignor Lender if such assignment is less than such assignor Lender’s entire commitment. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 2 contracts

Samples: Secured Term Loan Agreement (New Plan Excel Realty Trust Inc), Revolving Credit Agreement (Centro NP LLC)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to the immediately following subsection (c~~) of this Section~~), from and after the effective date specified in each Assignment and ~~Assumption~~Acceptance, the ~~assignee~~ Assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Acceptance, be released from its obligations under this Agreement (and, in the case of an Assignment and ~~Assumption~~ Acceptance covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of only Sections ~~3.01~~4.4., ~~3.04, 3.05,~~ 12.2. and ~~10.04~~ 12.9. and the other provisions of this Agreement and the other Loan Documents as provided in Section 12.10. solely with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with the immediately following subsection (d~~) of this Section~~).

Appears in 2 contracts

Samples: Credit Agreement (Federal Realty Investment Trust), Credit Agreement (Federal Realty Investment Trust)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to subsection (c) of this ~~Section~~Section and notice thereof to the Borrower, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~2.09, ~~3.04, 3.05,~~ 2.12 and ~~10.04~~ 8.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 2 contracts

Samples: Term Loan Agreement (Pinnacle West Capital Corp), Credit Agreement (Pinnacle West Capital Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to subsection (c) of this ~~Section~~Section 12.07, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, 10.04 and ~~10.04~~ 10.05 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this ~~Section~~Section 12.07.

Appears in 2 contracts

Samples: Credit and Guaranty Agreement (Providence Service Corp), Credit and Guaranty Agreement (Providence Service Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ clause (c) of this ~~Section~~Section 10.07, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~Section 3.06, ~~3.04, 3.05~~Section 3.07, and ~~10.04~~ Section 10.10 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ clause shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ clause (d) of this ~~Section~~Section 10.07.

Appears in 2 contracts

Samples: 364 Day Bridge Term Loan Agreement (CVS HEALTH Corp), Term Loan Agreement (CVS HEALTH Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 12.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [Euro-Rate Unascertainable; Illegality; Increased Costs; Deposits Not Available], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 12.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 12.8.2 [Assignments by Lenders] shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 12.8.4 [Participations].

Appears in 2 contracts

Samples: Revolving Credit Facility Agreement (RPM International Inc/De/), Credit Agreement (RPM International Inc/De/)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 10.4, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~III, ~~3.04~~10.3, ~~3.05,~~ 10.14 and ~~10.04~~ 10.15 of this Agreement with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 10.4.

Appears in 2 contracts

Samples: First Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.), Second Lien Credit Agreement (Kratos Defense & Security Solutions, Inc.)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this ~~Section~~Section 13.11, from and after the effective date specified in each Lender Assignment ~~and Assumption~~Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this ~~Agreement~~Agreement provided that no assignee shall be entitled to receive any greater payments under Section 4.06 than the applicable assigning Lender would have been entitled to receive with respect to the interest so assigned, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Lender Assignment ~~and Assumption~~Agreement, be released from its obligations under this Agreement (and, in the case of an a Lender Assignment ~~and Assumption~~ Agreement covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01, 3.04, 3.05, and 10.04~~ any provisions of this Agreement which by their terms survive the termination of this Agreement with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this ~~Section~~Section 13.11.

Appears in 2 contracts

Samples: Credit Agreement (Brookfield Infrastructure Partners L.P.), Credit Agreement (Brookfield Infrastructure Partners L.P.)

No Assignment to Natural Persons. No such assignment shall be made to a natural ~~person~~Person (or a holding company, investment vehicle or trust for, or owned and operated for the primary benefit of, a natural Person). Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection~~ paragraph (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of ~~Sections 3.01~~‎Section 2.10, ~~3.04, 3.05,~~ ‎Section 2.12 and ~~10.04~~ ‎Section 9.04 with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ paragraph shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection~~ paragraph (d) of this Section.

Appears in 2 contracts

Samples: Term Loan Credit Agreement (DXC Technology Co), Term Loan Credit Agreement (Hewlett Packard Enterprise Co)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the Administrative Agent pursuant to ~~subsection (c) of this Section~~Section 11.8.3 [Register], from and after the effective date specified in each Assignment and ~~Assumption~~Assumption Agreement, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and ~~Assumption~~Assumption Agreement, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption Agreement covering all of the assigning Lender’s 's rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections ~~3.01~~4.4 [Rate Unascertainable; Etc.], ~~3.04, 3.05~~5.8 [Increased Costs], and ~~10.04~~ 11.3 [Expenses, Indemnity; Damage Waiver] with respect to facts and circumstances occurring prior to the effective date of such assignment~~. Upon request, the Borrower (at its expense) shall execute and deliver a Note to the assignee Lender~~. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this ~~subsection~~ Section 11.8.2 shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with ~~subsection (d) of this Section~~Section 11.8.4 [Participations].

Appears in 2 contracts

Samples: Credit Agreement (Sun Hydraulics Corp), Revolving Credit Facility (Sun Hydraulics Corp)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ applicable Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, ~~3.05,~~ 3.05 and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, the applicable Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section. Upon the request of Borrowers, and following the effectiveness of any Assignment, the assignor Lender will cancel and return to Borrowers any Note held by such assignor Lender.

Appears in 2 contracts

Samples: Credit Agreement (Castle a M & Co), Credit Agreement (Castle a M & Co)

No Assignment to Natural Persons. No such assignment shall be made to a natural person. Subject to acceptance and recording thereof by the ~~Administrative~~ Agent pursuant to subsection (c) of this Section, from and after the effective date specified in each Assignment and Assumption, the assignee thereunder shall be a party to this Agreement and, to the extent of the interest assigned by such Assignment and Assumption, have the rights and obligations of a Lender under this Agreement, and the assigning Lender thereunder shall, to the extent of the interest assigned by such Assignment and Assumption, be released from its obligations under this Agreement (and, in the case of an Assignment and Assumption covering all of the assigning Lender’s rights and obligations under this Agreement, such Lender shall cease to be a party hereto) but shall continue to be entitled to the benefits of Sections 3.01, 3.04, 3.05, and 10.04 with respect to facts and circumstances occurring prior to the effective date of such assignment. Upon request, ~~the~~ Borrower (at its expense) shall execute and deliver a Note to the assignee Lender. Any assignment or transfer by a Lender of rights or obligations under this Agreement that does not comply with this subsection shall be treated for purposes of this Agreement as a sale by such Lender of a participation in such rights and obligations in accordance with subsection (d) of this Section.

Appears in 2 contracts

Samples: Credit Agreement (Littelfuse Inc /De), Loan Agreement (Littelfuse Inc /De)

Common use of No Assignment to Natural Persons Clause in Contracts