Second Assignment Sample Clauses

Second Assignment. At Assignee’s option, on payment by Assignee of One Million Dollars ($1,000,000) to HT III and One Million Dollars ($1,000,000) to HC, HT III and HC, jointly and not severally, hereby each assign to Assignee One Million Dollars ($1,000,000) of the principal amount of their respective Term Loan (collectively, the “Second Assigned Loan”; the First Assigned Loan and the Second Assign Loan, collectively, the “Assigned Loan”). The Second Assigned Loan does not include any right to receive (i) payment of any part of (A) accrued but unpaid interest, (B) the closing fee paid under Section 2.6(a) of the Agreement, (C) the end of term fee required to be paid under Section 2.6(b) of the Agreement, or (D) any other fees or charges paid or to be paid to Hercules under the Agreement, or (ii) any portion of the Warrants. The Second Assigned Loan shall, however, be secured by the Collateral to the same extent that the Collateral secures the Term Loan. In order to exercise the option to acquire the Second Assigned Loan, Assignee must be provide written notice to Hercules so that (y) such notice is received within twenty (20) trading days of the Effective Date, and (z) payment for the Second Assigned Loan is received by wire transfer to Hercules within one (1) business day of such notice pursuant to the wire transfer instructions provided on Schedule 1.a hereto.
Sample 1
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Second Assignment. The term “SECOND ASSIGNMENT” means the Assignment And Assumption Of Lease to be executed and delivered by the BORROWER to the LEASE ASSIGNEE, pursuant to which the BORROWER shall assign to the LEASE ASSIGNEE all of the BORROWER’S right, title and interest in and to the LEASE and in its leasehold interest thereunder and all other rights and privileges of the BORROWER to the use, occupancy, and enjoyment of the LEASED PROPERTY.
Sample 1
Second Assignment. The BORROWER shall execute and deliver to the LEASE ASSIGNEE the SECOND ASSIGNMENT in form and substance as Exhibit 4.4.1 attached hereto. The SECOND ASSIGNMENT shall be recorded in the public records and the PARTIES shall each pay one-half (1/2) of the RECORDATION AND TRANSFER COSTS arising as a result of such recordation.
Sample 1

Related to Second Assignment

  • 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.

  • Void Assignment Any sale, exchange or other transfer by any Member of any Units or other interests in the Company in contravention of this Agreement shall be void and ineffectual and shall not bind or be recognized by the Company or any other party.

  • SUBLEASING AND ASSIGNMENT The Sublessee may not lease, sublease, or assign the Premises without the prior written consent of the Sublessor.

  • Valid Assignment No Receivable has been originated in, or is subject to the laws of, any jurisdiction under which the sale, transfer, assignment and conveyance of such Receivable under this Receivables Purchase Agreement or the Sale and Servicing Agreement or the pledge of such Receivable under the Indenture is unlawful, void or voidable or under which such Receivable would be rendered void or voidable as a result of any such sale, transfer, assignment, conveyance or pledge. The Seller has not entered into any agreement with any account debtor that prohibits, restricts or conditions the assignment of the Receivables.

  • 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.

  • 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.

  • Parties Bound; Assignment This Guaranty shall be binding upon and inure to the benefit of the parties hereto and their respective successors, assigns and legal representatives; provided, however, that Guarantor may not, without the prior written consent of Lender, assign any of its rights, powers, duties or obligations hereunder.

  • Amendment and Assignment This Agreement may be amended only in writing and signed by both parties. This Agreement may not be assigned to another party.

  • CESSION AND ASSIGNMENT The Service Provider shall not cede, assign, abandon or transfer any of its rights and/or obligations in terms of this Agreement (whether in part or in whole) or delegate any of its obligations in terms of this Agreement, without the prior written consent of the Fund.

  • SUBCONTRACT AND ASSIGNMENT This Agreement binds the heirs, successors, assigns and representatives of the Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Agreement and shall not assign this Agreement or monies due or to become due, without the prior written consent of the General Manager of the Agency or his designee, subject to any required state or federal approval. (Note: list any subcontractors here)

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