Rights Under Credit Agreement. Upon such acceptance and recording, from and after the Effective Date, (a) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Bank thereunder, provided that, without the Borrower’s prior written consent, the Assignee shall not be entitled to receive any greater payment under Section 2.10(c) or Section 8.01 of the Credit Agreement than the Assignor would have been entitled to receive with respect to the rights transferred, and (b) the Assignor shall, with respect to that portion of its interest under the Credit Agreement assigned hereunder, relinquish its rights and be released from its obligations under the Credit Agreement; provided, however, that the Assignor shall retain its rights to be indemnified pursuant to Section 9.03 of the Credit Agreement with respect to any claims or actions arising prior to the Effective Date.
Appears in 7 contracts
Samples: Credit Agreement (Highland Funds I), Credit Agreement (Western Asset Global High Income Fund Inc.), Credit Agreement (LMP Corporate Loan Fund Inc.)
Rights Under Credit Agreement. Upon such acceptance and recording, from and after the Effective Date, (a) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Bank thereunder, provided that, without the Borrower’s prior written consent, the Assignee shall not be entitled to receive any greater payment under Section 2.10(c) or Section 8.01 of the Credit Agreement than the Assignor would have been entitled to receive with respect to the rights transferred, and (b) the Assignor shall, with respect to that portion of its interest under the Credit Agreement assigned hereunder, relinquish its rights and be released from its obligations under the Credit Agreement; provided, however, that the Assignor shall retain its rights to be indemnified pursuant to Section 9.03 of the Credit Agreement with respect to any claims or actions arising prior to the Effective Date.. EXHIBIT F – FORM OF ASSIGNMENT AND ACCEPTANCE
Appears in 2 contracts
Samples: Credit Agreement (NexPoint Capital, Inc.), Credit Agreement (NexPoint Capital, Inc.)
Rights Under Credit Agreement. Upon such acceptance and recording, from and after the Effective Date, (a) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Bank thereunder, provided that, without the Borrower’s prior written consent, the Assignee shall not be entitled to receive any greater payment under Section 2.10(c) or Section 8.01 of the Credit Agreement than the Assignor would have been entitled to receive with respect to the rights transferred, and (b) the Assignor shall, with respect to that portion of its interest under the Credit Agreement assigned hereunder, relinquish its rights and be released from its obligations under the Credit Agreement; provided, however, that the Assignor shall retain its rights to be indemnified pursuant to Section 9.03 of the Credit Agreement with respect to any claims or actions arising prior to the Effective Date.. EXHIBIT E – FORM OF ASSIGNMENT AND ACCEPTANCE
Appears in 1 contract
Samples: Credit Agreement (ClearBridge Energy MLP Total Return Fund Inc.)
Rights Under Credit Agreement. Upon such acceptance (and recordingconsent) and such recording (the Agent hereby waiving the otherwise applicable registration fee with respect hereto provided for in ss.17 of the Credit Agreement), then, from and after the Effective Date, (ai) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Bank Lender thereunder, provided that, without the Borrower’s prior written consent, the Assignee shall not be entitled to receive any greater payment under Section 2.10(c) or Section 8.01 of the Credit Agreement than the Assignor would have been entitled to receive with respect to the rights transferred, and (bii) the Assignor shall, with respect to that portion of its interest under the Credit Agreement assigned hereunder, relinquish its rights and be released from its obligations under the Credit Agreement; provided, however, that the Assignor shall retain its rights to be indemnified pursuant to Section 9.03 ss.14 of the Credit Agreement with respect to any claims or actions arising prior to the Effective Date.
Appears in 1 contract
Samples: Assignment and Acceptance (Mortons Restaurant Group Inc)
Rights Under Credit Agreement. Upon such acceptance (and recordingconsent) and such recording (the Agent hereby waiving the otherwise applicable registration fee with respect hereto provided for in ss. 17 of the Credit Agreement), then, from and after the Effective Date, (ai) the Assignee shall be a party to the Credit Agreement and, to the extent provided in this Assignment and Acceptance, have the rights and obligations of a Bank Lender thereunder, provided that, without the Borrower’s prior written consent, the Assignee shall not be entitled to receive any greater payment under Section 2.10(c) or Section 8.01 of the Credit Agreement than the Assignor would have been entitled to receive with respect to the rights transferred, and (bii) the Assignor shall, with respect to that portion of its interest under the Credit Agreement assigned hereunder, relinquish its rights and be released from its obligations under the Credit Agreement; provided, however, that the Assignor shall retain its rights to be indemnified pursuant to Section 9.03 ss.14 of the Credit Agreement with respect to any claims or actions arising prior to the Effective Date.
Appears in 1 contract
Samples: Assignment and Acceptance (Mortons Restaurant Group Inc)