PRIOR ASSIGNMENT. Assignor represents and warrants that it is the owner in fee of the Premises and has not executed any prior assignment or pledge of any of its rights, nor are its rights encumbered, with respect to the leases assigned hereunder, or any of the rents, income or profits due or to become due from the Premises, except as are encumbered by the Loan Documents. Assigner further represents and warrants that it shall not assign, pledge or encumber the leases to any party or entity during the terms of this Collateral Assignment of Leases and Rents,
PRIOR ASSIGNMENT. Assignor represents and warrants that it is the owner in fee of the Premises and has not executed any prior assignment or pledge of any of its rights, nor are its rights encumbered, with respect to the leases assigned hereunder, or any of the rents, income or profits due or to become due from the Premises, except as are encumbered by the Loan Documents. Assigner further represents and warrants that it shall not assign, pledge or encumber the leases to any party or entity during the terms of this Collateral Assignment of Leases and Rents, Annexed hereto and made a part hereof as Exhibit B are the existing leases for the Premises.
PRIOR ASSIGNMENT. Each party represents that he or it has not filed with any government agency or court any claim against the other party relating to Executive's employment, termination of employment or otherwise. Each party covenants and agrees that he or it will never, individually or with any person, or through any agent, commence or prosecute against any Releasee or any Company Releasee any of the Actions and Liabilities which are released in Section 8 of this Agreement. Each party further agrees that he will not aid, assist, abet or in any way encourage any third party or third-party entity to, in any way, pursue any Actions or Liabilities of any kind against the other party or any Releasee or Company Releasee unless such party is specifically required by law to engage in such activity. This Agreement shall be deemed breached immediately upon the commencement or prosecution of any such Action or Liability. Each party represents and warrants that he or it has not assigned or otherwise transferred (voluntarily, involuntarily or by operation of law) any right, title or interest in any Actions or Liabilities which he or it has, may have or may have had which is the subject of the release in Section 8 hereof. Each party agrees to indemnify, save and hold forever harmless the Releasees or Company Releasees, as applicable, from any Actions and Liabilities incurred as a result of any person or entity asserting any claim pursuant to any such assignment or transfer. It is the intention of the parties hereto that this indemnity does not require payment as a condition precedent to recovery.
PRIOR ASSIGNMENT. It is expressly agreed that the amounts assigned to Lender as collateral for the Loan pursuant to Section 3 of the Prior Assignment shall constitute Net Sales Proceeds under this Agreement (and thus shall constitute part of the Pledged Collateral) and shall secure the Obligations, but that any such Net Sale Proceeds now in the possession of Pledgor need not be paid to Lender if Pledgor reinvests such Net Sale Proceeds in one or more Properties or other assets within three hundred sixty-five (365) days after the date of this Agreement (or such longer period of time as may be approved in writing by Lender).
PRIOR ASSIGNMENT. The Company previously employed you as its EVP Product Strategy and Corporate Development.
PRIOR ASSIGNMENT. The Parties acknowledge that the assignment of the G.E. License referenced in that certain Assignment Agreement dated as of March 5, 2009 remains in full force and effect and is not affected in any way by this Agreement.
PRIOR ASSIGNMENT. The parties hereby acknowledge and agree that they entered into that certain Consent to Assignment and Assumption of the Lease, dated September 16, 2005. However, since the contingency was never satisfied, the assignment was deemed null and void and of legal force and effect.
PRIOR ASSIGNMENT. To the extent that Xxxx Xxxxxx has assigned any intellectual property or other proprietary rights to Silicon Constellations, Inc., such assignment shall be deemed to be limited to the scope of the license set forth above.
