Postponement and Assignment Sample Clauses

Postponement and Assignment. As security for the performance of its obligations hereunder, each Guaranteeing Borrower assigns to the Lenders all claims of such Guaranteeing Borrower against any Other Borrower and any other guarantors, and, except as otherwise expressly permitted under this Agreement, subordinates and postpones the payment of all such claims to the payment of the Guaranteed Obligations. Each Guaranteeing Borrower shall hold all of its claims against each Other Borrower and any other guarantors as agent and trustee of the Lenders and shall collect, enforce and prove all such claims in accordance with this Agreement and this Guarantee. Any monies received by any Guaranteeing Borrower in respect thereof shall, upon the occurrence of any Event of Default, be paid over to the Lenders. Without the prior written consent of the Lenders, no Guaranteeing Borrower shall release or discharge any of its claims against any Other Borrower or any other guarantor, permit the prescription of any such claims pursuant to any Law, assign any such claims to any person other than the Lenders, or ask for or obtain any security or negotiable paper for or other evidence of any such claims except for the purpose of delivering the same to the Lenders.
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Postponement and Assignment. As security for the performance of its obligations hereunder, each Guarantor assigns to the Administration Agent all claims of such Guarantor against the Borrowers and any other guarantors, and, except as otherwise expressly permitted under this Agreement, subordinates and postpones the payment of all such claims to the payment of the Guaranteed Obligations. Following the occurrence of an Event of Default, each Guarantor shall hold all of its claims against each Borrower and any other guarantors as agent and trustee of the Administration Agent and shall collect, enforce and prove all such claims in accordance with this Agreement and this Article 10. Any monies received by any Guarantor in respect thereof shall, upon the occurrence of any Event of Default, be paid over to the Administration Agent. Without the prior written consent of the Administration Agent, no Guarantor shall release or discharge any of its claims against either of the Borrowers or any other guarantor, permit the prescription of any such claims pursuant to any Law, assign any such claims to any person other than the Administration Agent, or ask for or obtain any security or negotiable paper for or other evidence of any such claims except for the purpose of delivering the same to the Administration Agent.
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Postponement and Assignment. The Obligor postpones payment of all present and future debts, liabilities and obligations of the Borrower to the Obligor until this Agreement has been terminated in accordance with Section 3.4. The Obligor assigns to the Lender all present and future debts, liabilities and obligations of the Borrower to the Obligor as security for payment of the Obligor’s liabilities under this Agreement, and agrees that all money received by the Obligor in respect of those debts, liabilities and obligations shall be received in trust for the Lender and forthwith upon receipt shall be paid over to the Lender, all without in any way lessening or limiting the liabilities of the Obligor under this Agreement. The provisions of this Section 6.3 are independent of the other provisions of this Agreement and shall remain in full force and effect until this Agreement has been terminated in accordance with Section 3.4, notwithstanding that the other liabilities of the Obligor under this Agreement may have been discharged or terminated.
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Postponement and Assignment. All present and future debts, liabilities and obligations (collectively the “Assigned Obligations”) of Hebei Subsidiary to the Guarantor are hereby postponed to the payment of the Guaranteed Obligations and are hereby assigned by the Guarantor to Alderon and/or the Partnership as general continuing security for the payment of the obligations of the Guarantor hereunder. Any instruments or moneys received by the Guarantor in respect of any Assigned Obligations shall be received in trust for and immediately paid over to Alderon and/or the Partnership with any necessary endorsements or assignments and pending such payment shall be held separate and apart from other funds and property held by the Guarantor. Any moneys received by Alderon and/or the Partnership pursuant to this section including moneys derived from instruments, may be applied against or held by Alderon and/or the Partnership as general continuing security for the payment of Legal*7421044.1 the Guaranteed Obligations, all without in any way limiting or reducing the liability of the Guarantor hereunder.
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Postponement and Assignment. The Guarantor hereby postpones payment of all present and future debts and liabilities of IRONWOOD to the Guarantor, and as security for payment of the Obligations, the Guarantor hereby assigns such debts and liabilities to the Lender and agrees that all moneys received from IRONWOOD by or on behalf of the Guarantor shall be held in trust for the Lender and forthwith upon receipt paid over to the Lender, all without prejudice to and without in any way limiting or lessening the liability of the Guarantor to the Lender under this Guarantee. This assignment and postponement is independent of the guarantee, indemnity and primary obligor obligations contained in this Guarantee and will remain in full force and effect until, in the case of the assignment, the liability of the Guarantor under this Guarantee has been discharged or terminated and, in the case of the postponement, until all Obligations are performed and indefeasibly paid in full.
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Postponement and Assignment 
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Related to Postponement and Assignment

  • Amendment and Assignment This Agreement may be altered, amended or modified, including the addition of any extra policy provisions, by a written instrument signed by the Employer and the Employee. Either party may, subject to the limitations of Article IV, assign its interest and obligations under this Agreement, provided, however, that any assignment will be subject to the terms of this Agreement.

  • Enurement and Assignment This Agreement shall enure to the benefit of the parties hereto and their respective successors and permitted assigns and shall be binding upon the parties hereto and their respective successors. This Agreement may not be assigned by any party hereto without the prior written consent of each of the other parties hereto.

  • Sublease and Assignment Tenant shall have the right without Landlord's consent, to assign this Lease to a corporation with which Tenant may merge or consolidate, to any subsidiary of Tenant, to any corporation under common control with Tenant, or to a purchaser of substantially all of Tenant's assets. Except as set forth above, Tenant shall not sublease all or any part of the Leased Premises, or assign this Lease in whole or in part without Landlord's consent, such consent not to be unreasonably withheld or delayed.

  • Transfer, Amendment and Assignment No transfer, amendment, waiver, supplement, assignment or other modification of this Transaction shall be permitted by either party unless each of Standard & Poor's Ratings Service, a division of The XxXxxx-Xxxx Companies, Inc ("S&P") and Xxxxx'x Investors Service, Inc. ("MOODY'S"), has been provided notice of the same and confirms in writing (including by facsimile transmission) that it will not downgrade, qualify, withdraw or otherwise modify its then-current ratings on the Certificates issued under the Pooling and Servicing Agreement (the "CERTIFICATES").

  • Termination and Assignment (a) This Agreement may be terminated at any time, upon sixty days’ written notice, without the payment of any penalty, (i) by the Trustees, (ii) by the vote of a majority of the outstanding voting securities of the Fund; (iii) by Manager with the consent of the Trustees, or (iv) by Subadviser.

  • Sale and Assignment On the terms and conditions set forth herein, effective on and as of the Assignment Date, the Assignor hereby sells, assigns and transfers to the Assignee, and the Assignee hereby purchases and assumes from the Assignor, all of the right, title and interest of the Assignor in and to, and all of the obligations of the Assignor in respect of, the Assigned Interest. Such sale, assignment and transfer is without recourse and, except as expressly provided in this Agreement, without representation or warranty.

  • Succession and Assignment This Agreement shall be binding upon and inure to the benefit of the Parties named herein and their respective successors and permitted assigns. No Party may assign either this Agreement or any of its rights, interests, or obligations hereunder without the prior written approval of the other Party.

  • Benefit and Assignment This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. No party hereto may voluntarily or involuntarily assign such party's interest under this Agreement without the prior written consent of the other parties.

  • Amendment and Assignment of Agreement This Agreement may not be amended or assigned without the affirmative vote of a majority of the outstanding voting securities of the Fund, and this Agreement shall automatically and immediately terminate in the event of its assignment.

  • Disclosure and Assignment As of the Effective Date, Executive hereby transfers and assigns to the Company (or its designee) all right, title, and interest of Executive in and to every idea, concept, invention, and improvement (whether patented, patentable or not) conceived or reduced to practice by Executive whether solely or in collaboration with others while he is employed by the Company, and all copyrighted or copyrightable matter created by Executive whether solely or in collaboration with others while he is employed by the Company that relates to the Company’s business (collectively, “Creations”). Executive shall communicate promptly and disclose to the Company, in such form as the Company may request, all information, details, and data pertaining to each Creation. Every copyrightable Creation, regardless of whether copyright protection is sought or preserved by the Company, shall be a “work made for hire” as defined in 17 U.S.C. § 101, and the Company shall own all rights in and to such matter throughout the world, without the payment of any royalty or other consideration to Executive or anyone claiming through Executive.

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