Sale, Transfer, etc of Securities. To the extent authorized by the Board of Directors or by the President, any Vice President, the Secretary or the Treasurer or any other officers designated by the Board of Directors or the President may sell, transfer, endorse, and assign any shares of stock, bonds or other securities owned by or held in the name of the Corporation, and may make, execute and deliver in the name of the Corporation, under its corporate seal, any instruments that may be appropriate to effect any such sale, transfer, endorsement or assignment.
Sale, Transfer, etc. No Junior Creditor shall sell, assign or otherwise transfer all or any portion of the Junior Debt or any Junior Debt Document unless prior to the consummation of any such action, the transferee thereof shall execute and deliver to Agent an agreement substantially identical to this Agreement, providing for the continued subordination and forbearance of the Junior Debt to the Senior Debt as provided herein and for the continued effectiveness of all of the rights of the Senior Creditors arising under this Agreement. Any failure to execute or deliver any such agreement shall make any attempted sale, assignment or other transfer of any portion of the Junior Debt or any Junior Debt Document void ab initio. The subordination effected hereby shall survive any sale, assignment, pledge, disposition or other transfer of all or any portion of the Junior Debt, and the terms of this Agreement shall be binding upon the successors and assigns of such Junior Creditor, as provided in Section 10 below.
Sale, Transfer, etc. The Subordinated Creditors shall not sell, assign, pledge, dispose of, or otherwise transfer all or any portion of the Subordinated Debt or any Subordinated Debt Document (a) without giving prior written notice of such action to the Senior Creditor Representative, and (b) unless, prior to or concurrently with the consummation of any such action, the transferee thereof shall execute and deliver to the Senior Creditor Representative an agreement providing for the continued subordination of the Subordinated Debt to the Senior Debt on the terms provided herein, for the continued subordination of any Liens on the Common Collateral (or any interest therein) securing the Subordinated Debt to the Liens on the Common Collateral securing the Senior Debt, and for the continued effectiveness of all of the rights of the Senior Creditors and holders of the Senior Debt arising under this Agreement. Notwithstanding the failure to execute or deliver any such agreement, the subordination effected hereby shall survive any sale, assignment, pledge, disposition, or other transfer of all or any portion of the Subordinated Debt, and the terms of this Agreement shall be binding upon the successors and assigns of the Subordinated Creditors; provided, that any Subordinated Creditor may, at any time without notice to Senior Creditor Representative and without requiring delivery of a joinder or other documentation at such time, pledge, collaterally assign or grant a security interest in its interests in the Subordinated Debt to any secured lender of such Subordinated Creditor and such secured lender shall have the right to enforce such pledge, collateral assignment or grant of security interest in accordance with the terms thereof, in each case subject in all respects to the terms and conditions of this Agreement; provided further that, promptly after consummation thereof, the relevant Subordinated Creditor shall provide notice of any such pledge, collateral assignment or grant of security interest to the Senior Creditor Representative.
Sale, Transfer, etc. Junior Creditor may sell, assign, pledge, dispose of or otherwise transfer all or any portion of the Junior Debt to any Person without obtaining Lender's written consent thereto, provided that, prior to the consummation of any such action, the transferee thereof shall execute and deliver to Lender an agreement substantially identical to this Agreement, providing for the continued subordination and forbearance of the Junior Debt to the Senior Debt as provided herein and for the continued effectiveness of all of the rights of Lender arising under this Agreement. Notwithstanding the failure to execute or deliver any such agreement, the subordination effected hereby shall survive any sale, assignment, pledge, disposition or other transfer of all or any portion of the Junior Debt, and the terms of this Agreement shall be binding upon the successors and assigns of Junior Creditor, as provided in Section 19 below.
Sale, Transfer, etc. The Second Lien Creditor shall not sell, assign, pledge, dispose of or otherwise transfer all or any portion of the Second Lien Debt (a) without receiving the written consent of First Lien Lender, which consent shall not be unreasonably withheld, (b) unless prior to the consummation of any such action, the transferee thereof shall execute and deliver to First Lien Lender an agreement substantially identical to this Agreement, providing for the continued subordination and forbearance of the Second Lien Debt to the First Lien Debt as provided herein and for the continued effectiveness of all of the rights of First Lien Lender arising under this Agreement and (c) unless such sale, assignment, pledge, disposition or other transfer is permitted under the terms of the MDFA Loan Documents and unless following such sale, assignment, pledge, disposition or other transfer, there shall be no more than three (3) holders of Second Lien Debt unless an agent shall have been appointed to act on behalf of all holders of Second Lien Debt, and in which event all notices to be given to or by Second Lien Creditors under this Agreement shall be given to or by such agent. Notwithstanding the failure to execute or deliver any such agreement, the subordination and intercreditor provisions effected hereby shall survive any sale, assignment, pledge, disposition or other transfer of all or any portion of the Second Lien Debt, and the terms of this Agreement shall be binding upon the successors and assigns of each Second Lien Creditor, as provided in Section 5.12 hereof.
Sale, Transfer, etc. Section 13.1 This Agreement shall inure to the benefit of, and be binding upon, the successors and assigns of Senior Lenders and Junior Creditors.
Sale, Transfer, etc of Securities. Sales, transfers, endorsements, and assignments of stocks, bonds, and other securities owned by or standing in the Company’s name, and the execution and delivery on the Company’s behalf of any and all instruments duly authorized by the chief executive officer in writing incident to any such sale, transfer, endorsement, or assignment, shall be executed by the chief executive officer or by any agent thereunto authorized by the chief executive officer.
Sale, Transfer, etc of Securities. Sales, transfers, endorsements, and assignments of stocks, bonds, and other securities owned by or standing in the name of the corporation, and the execution and delivery on behalf of the corporation of any and all instruments in writing incident to any such sale, transfer, endorsement, or assignment, shall be effected by the president, or by any vice president, together with the secretary, or by any officer or agent thereunto authorized by the Board of Directors.
Sale, Transfer, etc of Securities. The Chairman of the Board, the President, any Vice President, the Secretary, the Treasurer or any other officers designated by the Board of Directors, may sell, transfer, endorse, and assign, in each case in the ordinary course of business, any shares of stock (other than stock of a subsidiary if such transaction has not been approved by the Board of Directors), bonds or other securities owned by or held in the name of the Corporation, and may make, execute and deliver in the name of the Corporation, under its corporate seal, any instruments that may be appropriate to effect any such sale, transfer, endorsement or assignment.
Sale, Transfer, etc. Mill Road shall not sell, assign, pledge, dispose of or otherwise transfer all or any portion of the Mill Road Obligations or the Mill Road Documents (a) without giving prior written notice of such action to Xxxxx Fargo, and unless prior to the consummation of any such action, the transferee thereof shall execute and deliver to Xxxxx Fargo an agreement providing for the continued effectiveness of all of the rights of Xxxxx Fargo arising under this Agreement. Notwithstanding the failure to execute or deliver any such agreement, the subordination effected hereby shall survive any sale, assignment, pledge, disposition or other transfer of all or any portion of the Mill Road Obligations, and the terms of this Agreement shall be binding upon the successors and assigns of Mill Road.
