NOTICE OF ASSIGNMENT AND ACCEPTANCE Sample Clauses

NOTICE OF ASSIGNMENT AND ACCEPTANCE. 2000 Bank of America, N.A., as Agent San Francisco CRESG c/o Unit 9105 00 Xxxxxxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Essex Portfolio, L.P. 000 Xxxx Xxxxxx Xxxxx Xxxx Xxxx, XX 00000 Ladies and Gentlemen: We refer to the Amended and Restated Revolving Loan Agreement dated May __, 2000 (as amended or modified thereafter, the "Loan Agreement") among ESSEX PORTFOLIO, L.P., a California limited partnership (the "Borrower"), the Banks referred to therein and Bank of America, N.A. ("BankAmerica"), as Agent for the Banks. Terms not defined herein have the meanings given in the Loan Documents and Co-Lender Agreement.
Sample 1
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NOTICE OF ASSIGNMENT AND ACCEPTANCE. Date: To: Cisco Systems Capital Corporation, as Agent Cbeyond Communications, LLC Cbeyond Communications, Inc. Re: Cbeyond Communications, LLC Ladies and Gentlemen: We refer to the Second Amended and Restated Credit Agreement dated as of November 1, 2002 (as amended, restated, modified, supplemented or renewed from time to time, the “Credit Agreement”) among Cbeyond Communications, Inc. (“Holdings”), Cbeyond Communications, LLC (the “Borrower”), any Additional Borrower named therein, Lenders named therein (including the Assignor), and Cisco Systems Capital Corporation, as administrative agent (the “Agent”). Terms defined in the Credit Agreement are used herein as therein defined.
Sample 1
NOTICE OF ASSIGNMENT AND ACCEPTANCE. 20 Wachovia Capital Finance Corporation (Central), as Agent 000 Xxxxx Xxxxxx Xxxxx Chicago, Illinois 60606-4202 Attn.: Portfolio Manager Re: TravelCenters of America LLC Ladies and Gentlemen: Wachovia Capital Finance Corporation (Central), in its capacity as agent pursuant to the Loan Agreement (as hereinafter defined) acting for and on behalf of the financial institutions which are parties thereto as lenders (in such capacity, “Agent”), and the financial institutions which are parties to the Loan Agreement as lenders (individually, each a “Lender” and collectively, “Lenders”) have entered or are about to enter into financing arrangements pursuant to which Agent and Lenders may make loans and advances and provide other financial accommodations to TravelCenters of America LLC, TA Leasing LLC and TA Operating LLC (collectively, “Borrowers”) as set forth in the Loan and Security Agreement, dated November , 2007, by and among Borrowers, certain of their affiliates, Agent and Lenders (as the same now exists or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, the “Loan Agreement”), and the other agreements, documents and instruments referred to therein or at any time executed and/or delivered in connection therewith or related thereto (all of the foregoing, together with the Loan Agreement, as the same now exist or may hereafter be amended, modified, supplemented, extended, renewed, restated or replaced, being collectively referred to herein as the “Financing Agreements”). Capitalized terms not otherwise defined herein shall have the respective meanings ascribed thereto in the Loan Agreement.
Sample 1
NOTICE OF ASSIGNMENT AND ACCEPTANCE. 200_ Harbinger Capital Partners Master Fund I, Ltd. c/o Harbinger Capital Partners Offshore Manager, LLC Oxx Xxxxxxxxxx Xxxxxxx Xxxxx Xxxxxxxxxx, XX 00000 Attention: Jxxx XxXxxxxxxx Telecopy No.: (000) 000-0000 Attn: Applica Consumer Products, Inc., as Borrower Agent 3000 Xxxxxxxx Xxxx Xxxxxxx, Xxxxxxx 00000 Attention: Treasurer Telecopy No.: 900-000-0000 Re: Applica Consumer Products, Inc., et al. Ladies and Gentlemen: We refer to the Term Loan Agreement dated as of December ___, 2007 (as amended, restated, modified, supplemented or renewed from time to time the “Loan Agreement”) among Applica Incorporated (the “Borrower Agent”) and certain of its affiliates (collectively with the Borrower Agent, the “Loan Parties”), the Lenders referred to therein and Harbinger Capital Partners Master Fund I, Ltd. as agent for the Lenders (the “Agent”). Terms defined in the Loan Agreement are used herein as therein defined.
Sample 1
NOTICE OF ASSIGNMENT AND ACCEPTANCE. Date: ___________________ To: American AgCredit, FLCA, as Agent; Crimson Wine Group, Ltd, a Delaware corporation Ladies and Gentlemen: We refer to the Credit Agreement dated as of March 22, 2013 (as amended, restated, modified, supplemented or renewed from time to time, the “Credit Agreement”) among Crimson Wine Group, Ltd., a Delaware corporation, Pine Ridge Winery, LLC, Chamisal Vineyards, LLC and Double Canyon Vineyards, LLC, each, a Delaware limited liability company (the foregoing, collectively “Borrowers” and each, a “Borrower”), , the Lenders referred to therein, and American AgCredit, FLCA, as Agent for the Lenders (the “Agent”). Terms defined in the Credit Agreement are used herein as therein defined.
Sample 1
NOTICE OF ASSIGNMENT AND ACCEPTANCE. 20__ Bank of America, N.A, as Agent (as hereinafter defined) 000 Xxxx Xxxxxx Xxxxxx, Xxxxx 00000 Attn: Portfolio Manager Re: Westlake Chemical Corporation et al. Ladies and Gentlemen: We refer to the Third Amended and Restated Credit Agreement dated as of July 17, 2014 (such agreement, as it may be amended, restated, or otherwise modified from time to time, the “Credit Agreement”) by and among Westlake Chemical Corporation and certain of its domestic subsidiaries listed as Borrowers thereto (collectively, the “Borrowers”), the Lenders referred to therein, and Bank of America, N.A., as agent for the Lenders (the “Agent”). Terms defined in the Credit Agreement are used herein as therein defined.
Sample 1
NOTICE OF ASSIGNMENT AND ACCEPTANCE. 19-- Bank of America National Trust and Savings Association, as Agent 0000 Xxxxxx Xxxxxx, 00xx Xxxxx Xxx Xxxxxxxxx, XX 00000 Attn: Agency Administrative Services #0000 Xxxx Xxxxx [Timber Company] \Acquisition Partners\, L.P. 000 Xxxxx Xxxxxx, Xxxxx 0000 Xxxxxxx, XX 00000 Attn: Chief Financial Officer Ladies and Gentlemen: We refer to the Amended and Restated Revolving Credit Agreement dated as of December 13, 1996 (the "Credit Agreement") among Plum Creek [Timber Company,] \Acquisition Partners,\ L.P. (the "Company"), the Banks referred to therein, NationsBank, N.A., as Senior Co-Agent, and Bank of America National Trust and Savings Association, as Agent. Terms defined in the Credit Agreement are used herein as therein defined.
Sample 1
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Related to NOTICE OF ASSIGNMENT AND ACCEPTANCE

  • FORM OF ASSIGNMENT AND ACCEPTANCE This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Agreement identified below (the “Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Agreement, as of the Effective Date inserted by the Agent as contemplated below (i) all of the Assignor’s rights and obligations as a Lender under the Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including, without limitation, Letters of Credit and Swingline Loans included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including, but not limited to, contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as, the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • FORM OF ASSIGNMENT AND ASSUMPTION This Assignment and Assumption (the “Assignment and Assumption”) is dated as of the Effective Date set forth below and is entered into by and between [Insert name of Assignor] (the “Assignor”) and [Insert name of Assignee] (the “Assignee”). Capitalized terms used but not defined herein shall have the meanings given to them in the Credit Agreement identified below (as amended, the “Credit Agreement”), receipt of a copy of which is hereby acknowledged by the Assignee. The Standard Terms and Conditions set forth in Annex 1 attached hereto are hereby agreed to and incorporated herein by reference and made a part of this Assignment and Assumption as if set forth herein in full. For an agreed consideration, the Assignor hereby irrevocably sells and assigns to the Assignee, and the Assignee hereby irrevocably purchases and assumes from the Assignor, subject to and in accordance with the Standard Terms and Conditions and the Credit Agreement, as of the Effective Date inserted by the Administrative Agent as contemplated below (i) all of the Assignor’s rights and obligations in its capacity as a Lender under the Credit Agreement and any other documents or instruments delivered pursuant thereto to the extent related to the amount and percentage interest identified below of all of such outstanding rights and obligations of the Assignor under the respective facilities identified below (including any letters of credit and guarantees included in such facilities) and (ii) to the extent permitted to be assigned under applicable law, all claims, suits, causes of action and any other right of the Assignor (in its capacity as a Lender) against any Person, whether known or unknown, arising under or in connection with the Credit Agreement, any other documents or instruments delivered pursuant thereto or the loan transactions governed thereby or in any way based on or related to any of the foregoing, including contract claims, tort claims, malpractice claims, statutory claims and all other claims at law or in equity related to the rights and obligations sold and assigned pursuant to clause (i) above (the rights and obligations sold and assigned pursuant to clauses (i) and (ii) above being referred to herein collectively as the “Assigned Interest”). Such sale and assignment is without recourse to the Assignor and, except as expressly provided in this Assignment and Assumption, without representation or warranty by the Assignor.

  • ACKNOWLEDGEMENT AND ACCEPTANCE (a) In accepting the Performance Shares, the Participant acknowledges and agrees: (i) that the Plan is discretionary in nature and may be amended, cancelled, suspended or terminated by the Company at any time; (ii) that the grant of Performance Shares does not create any contractual or other right to receive future grants of Performance Shares or any right to continue an employment or other relationship with the Company (for the vesting period or otherwise); (iii) that the Participant remains subject to discharge from such relationship to the same extent as if the Performance Shares had not been granted; (iv) that all determinations with respect to any such future grants, including, but not limited to, when and on what terms they shall be made, will be at the sole discretion of the Committee; (v) that participation in the Plan is voluntary; (vi) that the value of the Performance Shares is an extraordinary item of compensation that is outside the scope of the Participant’s employment contract if any; and (vii) that the Performance Shares are not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar benefits. (b) If the Participant does not want to accept the Performance Shares on the terms and conditions set out in this Agreement, the Plan and/or any related documents, the Participant may choose the “Decline” button. The Performance Shares will then be cancelled and no other benefit will be due to the Participant in lieu thereof. If Participant does not “Decline” the Performance Shares within thirty (30) days from the Grant Date, the Participant shall be deemed to have accepted the Performance Shares and shall be deemed to have agreed to the terms and conditions set out in this Agreement, the Plan, Exhibit A, the Addendum (as applicable) and/or any related documents. (c) Neither the grant of the Performance Shares, nor the issuance of Shares in settlement of the Performance Shares, will give the Participant any right to be retained in the employ or service of the Company or any of its subsidiaries, affect the right of the Company or any of its Subsidiaries, to discharge (as may otherwise be permitted under local law) or discipline the Participant at any time, or affect any right of the Participant to terminate his or her Employment at any time. (d) The grant of the Performance Shares under the Plan is a one-time benefit and does not create any contractual or other right to receive Performance Shares or benefits in lieu of Performance Shares in the future. The terms of future Performance Shares, if any, will be determined by the Committee in its sole discretion, including, but not limited to, the form and timing of such Award, the number of Shares subject to the Performance Shares, and the vesting provisions applicable to the Performance Shares. (e) The headings preceding the text of the sections hereof are inserted solely for convenience of reference, and shall not constitute a part of this Agreement, nor shall they affect its meaning, construction or effect. (f) The grant of Performance Shares is not intended to be a public offering of securities in the Participant’s country of residence (and country of employment, if different). The Company has not submitted any registration statement, prospectus or other filings with the local securities authorities (unless otherwise required under local law), and the grant of the Performance Shares is not subject to the supervision of the local securities authorities. (g) It is the Participant’s express intent that this Agreement, Exhibit A, the Addendum, the Plan and all other documents, notices and legal proceedings entered into, given or instituted pursuant to the Award, be drawn up in English. If the Participant has received this Agreement, Exhibit A, the Addendum, the Plan or any other documents related to the Award translated into a language other than English, and if the meaning of the translated version is different than the English version, the English version shall control. (h) As a condition to the Performance Shares, the Participant agrees to repatriate all payments attributable to the Shares and/or cash acquired under the Plan in accordance with local foreign exchange rules and regulations in the Participant’s country of residence (and country of employment, if different). In addition, the Participant also agrees to take any and all actions, and consents to any and all actions taken by the Company and any affiliate or subsidiary, as may be required to allow the Company and any affiliates of subsidiaries to comply with local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different). Finally, the Participant agrees to take any and all actions as may be required to comply with the Participant’s personal obligations under local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different).

  • Assignment and Assumption Consent Effective as of the First Amendment Effective Date, for agreed consideration, XXX hereby irrevocably sells and assigns to MBL, and MBL hereby irrevocably purchases and assumes all rights and obligations in its capacity as Lender under the LC Reimbursement Agreement and other Credit Documents, including, without limitation, all of MBL’s rights and obligations with respect to the Collateral and Intercreditor Agreement and the Security Documents (as defined in the Collateral and Intercreditor Agreement, and such Security Documents together with the Collateral and Intercreditor Agreement are referred to herein as the “Security Documents”) (the “Lender Assignment”). Effective as of the First Amendment Effective Date and in accordance with Section 7.9 of the LC Reimbursement Agreement, the Account Party hereby consents to the Lender Assignment.

  • Notice of Assignment Upon its receipt of a duly executed and completed Assignment Agreement, together with the processing and recordation fee referred to in Section 10.6(d) (and any forms, certificates or other evidence required by this Agreement in connection therewith), Administrative Agent shall record the information contained in such Assignment Agreement in the Register, shall give prompt notice thereof to Company and shall maintain a copy of such Assignment Agreement.

  • Assignment and Assumption Agreement The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption Agreement, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an administrative questionnaire provided by the Administrative Agent.

  • Assignment and Assumption of Lease The Assignment and Assumption ---------------------------------- of Lease;

  • Assignment and Assumption The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided, however, that the Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • Acceptance of Assignment Assignee hereby accepts the assignment contained in paragraph 1 hereof.

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