Common use of Sales, Assignments Clause in Contracts

Sales, Assignments. Each Lender hereby agrees that, with respect to any sale or assignment (i) no such sale or assignment shall be for an amount of less than $5,000,000 or any integral multiple of $1,000,000 in excess thereof, or, if less, the entire Revolving Loan Commitment of such Lender, (ii) Agent and, in the absence of a Default or Event of Default, Borrowers, must consent, such consent not to be unreasonably withheld or delayed, to each such assignment to a Person that is not an original signatory to this Agreement or a Lender or an Affiliate of such Person or Lender, (iii) the assigning Lender shall pay to Agent a processing and recordation fee of $3,500, and (iv) Agent, the assigning Lender and the assignee Lender shall each have executed and delivered an Assignment and Acceptance Agreement. After such sale or assignment has been consummated (x) the assignee Lender thereupon shall become a “Lender” for all purposes of this Agreement and (y) the assigning Lender shall have no further liability for funding the portion of Revolving Loan Commitments assumed by such other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

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Sales, Assignments. Each Lender hereby agrees that, with respect to any sale or assignment (iother than pursuant to Section 3.2.6 or 3.2.7) (a) no such sale or assignment shall be for an amount of less than $5,000,000 (or any integral multiple the aggregate principal amount of $1,000,000 in excess thereof, orLoans owing to such Lender, if less, the entire Revolving Loan Commitment of such Lender), (iib) each such sale or assignment shall be made on terms and conditions which are customary in the industry at the time of the transaction, (c) Administrative Agent and, in the absence of a Default or Event of Default, Borrowers, must consent, such consent not to be unreasonably withheld or delayedwithheld, to each such assignment to a Person that is not an original signatory to this Agreement or a Lender or an Affiliate of such Person or LenderAgreement, and (iiid) the assigning assignee Lender shall pay to the Administrative Agent a processing and recordation fee of $3,500, 3,500 and (iv) Agent, any out-of-pocket legal fees and expenses incurred by the assigning Lender and the assignee Lender shall each have executed and delivered an Assignment and Acceptance AgreementAdministrative Agent in connection with any such sale or assignment. After such sale or assignment has been consummated (xi) the assignee Lender thereupon shall become a "Lender" for all purposes of this Agreement and (yii) the assigning Lender shall have no further liability for funding Loans under this Agreement to the portion of Revolving Loan Commitments extent such liability was assumed by such other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Channell Commercial Corp)

Sales, Assignments. Each Lender hereby agrees that, with respect to any sale or assignment (i) no such sale or assignment shall be for an amount of less than $5,000,000 or any integral multiple of $1,000,000 in excess thereof, or, if less, the entire Revolving Loan Commitment of such Lender, (ii) Agent and, in the absence of a Default or Event of Default, Borrowers, must consent, such consent not to be unreasonably withheld or delayedwithheld, to each such assignment to a Person that is not an original signatory to this Agreement or a Lender or an Affiliate of such Person or Lender, (iii) the assigning Lender shall pay to Agent a processing and recordation fee of $3,500, and (iv) Agent, the assigning Lender and the assignee Lender shall each have executed and delivered an Assignment and Acceptance Agreement. After such sale or assignment has been consummated (x) the assignee Lender thereupon shall become a “Lender” for all purposes of this Agreement and (y) the assigning Lender shall have no further liability for funding the portion of Revolving Loan Commitments assumed by such other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Wabash National Corp /De)

Sales, Assignments. Each Lender hereby agrees that, with respect to any sale or assignment (iother than pursuant to Section 3.2.6) (a) no such sale or assignment shall be for an amount of less than $5,000,000 (or any integral multiple the aggregate principal amount of $1,000,000 in excess thereof, orLoans owing to such Lender, if less, the entire Revolving Loan Commitment of such Lender), (iib) each such sale or assignment shall be made on terms and conditions which are customary in the industry at the time of the transaction, (c) Administrative Agent and, in the absence of a Default or Event of Default, Borrowers, must consent, such consent not to be unreasonably withheld or delayedwithheld, to each such assignment to a Person that is not an original signatory to this Agreement or a Lender or an Affiliate of such Person or LenderAgreement, and (iiid) the assigning assignee Lender shall pay to Administrative Agent a processing and recordation fee of $3,500, 3,500 and (iv) Agent, the assigning Lender any out-of-pocket legal fees and the assignee Lender shall each have executed and delivered an Assignment and Acceptance Agreementexpenses incurred by Administrative Agent in connection with any such sale or assignment. After such sale or assignment has been consummated (xi) the assignee Lender thereupon shall become a “Lender” for all purposes of this Agreement and (yii) the assigning Lender shall have no further liability for funding Loans under this Agreement to the portion of Revolving Loan Commitments extent such liability was assumed by such other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Channell Commercial Corp)

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Sales, Assignments. Each Lender hereby agrees that, with respect to any sale or assignment (i) no such sale or assignment shall be for an amount of less than the lesser of (a) $5,000,000 or any integral multiple of $1,000,000 in excess thereof, or, if less, the entire and (b) such Lender's total Revolving Loan Commitment of at such Lendertime, (ii) each such sale or assignment shall be made on terms and conditions which are customary in the industry at the time of the transaction, (iii) Agent and, in the absence of a Default or unless an Event of DefaultDefault is then in existence, BorrowersBorrower, must consent, no such consent not to be unreasonably withheld or delayed, to each such assignment to a Person that party which is not an original signatory to this Agreement or a Lender or an Affiliate of such Person or Lender, and (iiiiv) the assigning Lender shall pay to the Agent a processing and recordation fee of $3,500, 3,500 and (iv) Agent, any out-of-pocket attorneys' fees and expenses incurred by the assigning Lender and the assignee Lender shall each have executed and delivered an Assignment and Acceptance AgreementAgent in connection with any such sale or assignment. After such sale or assignment has been consummated (x) the assignee Lender lender thereupon shall become a "Lender" for all purposes of this Agreement and (y) the assigning Lender shall have no further liability for funding the portion of Revolving Loan Commitments assumed by such other Lender.

Appears in 1 contract

Samples: Loan and Security Agreement (Color Spot Nurseries Inc)

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