Transfers by Buyer. The Seller acknowledges and agrees that the Buyer may sell, assign, encumber or otherwise dispose of the Historical Advances.
Transfers by Buyer. The Originator acknowledges and agrees that (a) the Buyer will, pursuant to the Receivables Purchase Agreement, sell such of the Purchased Assets as constitute "Receivables" within the meaning set forth in the Receivables Purchase Agreement and assign its rights under this Agreement to the Administrative Agent (for the ratable benefit of the Owners under the Receivables Purchase Agreement), (b) the representations and warranties contained in this Agreement and the rights of the Buyer under this Agreement are intended to benefit the "Buyer" and "Owners" under the Receivables Purchase Agreement and (c) the Buyer shall have the right to appoint a servicer of the Receivables purchased hereunder, and shall appoint a Servicer under the Receivables Purchase Agreement. The Originator hereby consents to all such sales and assignments and to the appointment of a Servicer under the Receivables Purchase Agreement.
Transfers by Buyer. 16 SECTION 2.7. Payment Procedures ............................................. 17
Transfers by Buyer. The Seller acknowledges and agrees that the Buyer will, pursuant to the Lender Loan and Security Documents and the Purchase and Contribution Agreement (copies of which have been reviewed by the Seller), sell to Fairbanks Funding the Receivables and the other related Purchased Assets, and the Seller hereby acknowledges and consents to such sale and the transactions contemplated by such agreement and documents.
Transfers by Buyer. The Seller acknowledges and agrees that (a) the Buyer may from time to time, pursuant to the Credit Agreement, pledge and assign as collateral security its rights in, to and under the Transferred Assets and this Agreement to the Lender and (b) the representations, warranties and covenants contained in this Agreement and the rights of the Buyer under this Agreement, including the rights of the Buyer to enforce the provisions hereof against the Seller and the Servicer, are intended to benefit the Lender. The Seller and the Servicer hereby consent to all such pledges and assignments.
Transfers by Buyer. (a) This Agreement and the benefits, rights, duties and obligations of Buyer may be assigned or transferred by Buyer in whole or in part, without prior written consent of Sellers, to any corporation, partnership or any other legal entity which Buyer directly or indirectly controls, provided that such assignment shall not relieve Timberline Parent of any liabilities under this Agreement to issue the Shares to exercise the Option. For purposes of this paragraph, “
Transfers by Buyer. The Originator acknowledges and agrees with the Buyer that (a) the Buyer will, pursuant to the Receivables Transfer Agreement, sell the Purchased Assets and assign its rights under this Agreement to the PARCO, the APA Banks and the Funding Agent, as applicable, and their respective assignees (and the Originator hereby consents to such assignments) and (b) the Funding Agent, PARCO, and each of the APA Banks are intended to be, and hereby are, third-party beneficiaries of this Agreement.
Transfers by Buyer. The Seller acknowledges and agrees that (a) the Buyer may from time to time, pursuant to the Credit Agreement, pledge and assign as collateral security its rights in, to and under (i) the Transferred Assets and this Agreement and (ii) the Pledge Agreement Collateral and the Pledge Agreement, in each case, to the Agent (for the benefit of the Lenders) and (b) the representations, warranties and covenants contained in this Agreement and the Pledge Agreement and the rights of the Buyer under this Agreement and the Pledge Agreement, including the rights of the Buyer to enforce the provisions hereof and thereof against the Seller and the Servicer, are intended to benefit the Agent and the Lenders. The Seller and the Servicer hereby consent to all such pledges and assignments and to the enforcement by the Agent of the Buyer's rights under this Agreement and the Pledge Agreement, whether or not a Termination Event or an Unmatured Termination Event has occurred and is continuing. No consent by the Buyer under or with respect to this Agreement or the Pledge Agreement shall be effective without the prior written consent of the Agent.
Transfers by Buyer. The Originator acknowledges and agrees that (a) the Buyer may, pursuant to the Receivables Purchase Agreement, sell the Purchased Assets and assign its rights under this Agreement to Delaware Funding Corporation as Buyer under the Receivables Purchase Agreement and (b) the representations and warranties contained in this Agreement and the rights of the Buyer under this Agreement are intended to benefit the Buyer under the Receivables Purchase Agreement. The Originator hereby consents to all such sales and assignments.
Transfers by Buyer. (a) This Agreement and the benefits, rights, duties and obligations of Buyer may be assigned or transferred by Buyer in whole or in part, without prior written consent of Sellers, to any corporation, partnership or any other legal entity which Buyer directly or indirectly controls, provided that such assignment shall not relieve Timberline Parent of any liabilities under this Agreement to issue the Shares to exercise the Option. For purposes of this paragraph, “control” means ownership in excess of fifty percent (50%). (b) Buyer shall have the right to sell, option or joint venture its interests in this Agreement and the Talapoosa Project prior to payment of the Option Payment only upon prior written approval of Sellers, such approval not to be unreasonably withheld, provided that such transaction shall not relieve Timberline Parent of any liabilities under this Agreement to issue the Shares to exercise the Option. (c) Each purchaser, optionee or joint venturer prior to the effective date of any sale, option or joint venture shall agree in writing to be bound by the terms and conditions of this Agreement, including specifically the terms to pay the Gunpoint Royalty. 9.2.
