Assignment and Sale. The Borrower may not sell, assign or transfer this Agreement or any of the other Credit Documents or any portion hereof or thereof, including without limitation the Borrower’s rights, title, interests, remedies, powers, and duties hereunder or thereunder. The Bank may assign or sell a participation interest in all or any portion of the Loans to one or more other financial institutions.
Assignment and Sale. 19.1 Subject always to the provisions of Clause 20 (Change of and Role of Security Trustee), no party hereto shall be entitled to assign all or any part of its rights or obligations hereunder to any other party without the prior written consent of each of the other parties hereto (which shall not, if requested, be unreasonably withheld) save that the Issuer shall be entitled to assign whether by way of security or otherwise all or any of its rights under this Agreement without such consent to the Security Trustee pursuant to the Deed of Charge and the Security Trustee may at its sole discretion assign all or any of its rights under or in respect of this Agreement without such consent to any successor or additional Security Trustee in exercise of its rights under the Deed of Charge.
19.2 The Seller acknowledges that on the assignment pursuant to the Deed of Charge by the Issuer to the Security Trustee of the Issuer's rights under this Agreement, the Security Trustee may enforce such rights in the Security Trustee's own name without joining the Issuer in any such action (which right the Seller hereby waives) and the Seller hereby waives as against the Security Trustee any rights or equities in its favour arising from any course of dealing between the Seller and the Issuer.
Assignment and Sale. The Seller hereby sells and assigns to the Trust, and the Trust hereby acquires from the Seller, the Québec Pool Assets. Such sale and assignment of the Québec Pool Assets constitutes an absolute sale and assignment of the Québec Pool Assets. Notwithstanding anything to the contrary, whenever the expression “Trust’s Co-Ownership Interest” is used in the Purchase Agreement, it shall include a 100% ownership interest in the Quebec Receivables.
Assignment and Sale. (a) In the event Tenant should desire to assign this Lease or sublet the Leased Premises or any part thereof, Tenant shall give Landlord written notice of such desire, together with financial information as to the proposed assignee or subtenant as required by Landlord to allow Landlord to determine the financial condition of such assignee or subtenant, at least fifteen (15) days in advance of the date on which Tenant desires to make such assignment or sublease. Landlord shall then have a period of fifteen (15) days following receipt of such notice and financial information within which to notify Tenant in writing that (i) Landlord consents to such assignment or sublease, which consent shall not be unreasonably withheld, or delayed, or (ii) Landlord does not consent thereto provided, however, that Tenant may without prior written notice and consent from Landlord, assign this Lease or sublet all or part of the Leased Premises to any entity which controls, is controlled by, or is under common control with Tenant or any entity which is a successor to Tenant by acquisition, merger, or consolidation of or with Tenant (herein a "Permitted Assignee"). Upon request by Landlord, Tenant shall furnish to Landlord copies of its latest consolidated annual report together with quarterly income statements and balance sheet to date when such reports and financial statements have been publicly released. No assignment, subletting or other transfer, whether to a Permitted Assignee consented to by Landlord or not or otherwise permitted hereunder shall relieve the Tenant named herein of any liability hereunder for the obligations of the "Tenant". If an event of default occurs while the Leased Premises or any part thereof are assigned or sublet, then Landlord, in addition to any other remedies herein provided, or provided by law, may collect directly from such Transferee all rents payable to the Tenant and apply such rent against any sum due Landlord hereunder. No such collection shall be construed to constitute a novation or a releas of Tenant from the further performance of Tenant's obligations hereunder.
(b) Landlord shall have the continuing right at any time to sell or convey the Leased Premises and Landlord's rights under this Lease, and nothing herein contained shall be construed as restricting such rights of Landlord. In the event Landlord should hereafter sell or convey the Leased Premises to a third party or parties, such party or parties shall acquire the Leased Premi...
Assignment and Sale. Permittee agrees that it will not sell, convey, transfer, or assign this Permit. Any attempt to sell, transfer or assign this permit will result in cancellation of this Permit.
Assignment and Sale. 2.1.1 Seller shall sell to Purchaser as absolute owner, with full recourse, such of Seller's Accounts as are listed from time to time on Invoice Delivery Schedules.
2.1.2 Each Invoice Delivery Schedule shall be accompanied by such documentation supporting and evidencing the Accounts as Purchaser shall from time to time request.
2.1.3 Purchaser may purchase from Seller such Accounts as Purchaser determines to be Eligible Accounts, so long as the unpaid balance of Purchased Accounts does not exceed, before and after such purchase, the Maximum Amount. Notwithstanding, in the event Purchaser purchases Accounts in excess of the Maximum Amount, all of Purchaser’s rights and Seller’s duties under this ARPA shall apply.
2.1.4 Purchaser shall pay the Purchase Price, less any amounts due to Purchaser from Seller, including, without limitation, any amounts due under Section 2.3.1 hereof, of any Purchased Account, to any demand Deposit Account maintained by Seller, or represented by an employee of Seller to be maintained by Seller, within two (2) business days of the Purchase Date, whereupon the Accounts shall be deemed purchased hereunder.
2.1.5 Seller shall present Accounts for purchase in accordance with Section 2 of this ARPA no less than once every week.
Assignment and Sale. 1.1.1. Borrower shall offer to sell to Lender as absolute owner, with full recourse, such of Xxxxxxxx's Accounts as submitted to Lender for purchase.
1.1.2. Each Account submitted by Borrower for purchase shall be accompanied by such documentation supporting and evidencing the Account.
1.1.3. Lender may not purchase any Account which will cause the unpaid balance of Purchased Accounts to exceed the Maximum Line Amount.
1.1.4. Accounts submitted to Lender must exceed Minimum Invoice Size as stated within the General Rates and Fees, except as otherwise agreed by both parties in an Authenticated Record.
1.1.5. Lender shall pay the Purchase Price, of any Purchased Account, less any amounts due to Lender from Borrower, including, without limitation, any amounts due under Sections 2.1 and 3.1 hereof, to Borrower within five (5) business days of the Purchase Date, whereupon the Accounts shall be deemed purchased hereunder.
1.1.6. Upon execution of this Agreement, Xxxxxxxx shall pay the Closing Fee.
1.1.7. All Purchases shall be made at the absolute sole discretion of the Lender.
Assignment and Sale. Without the prior written consent of the Bank, the Company may not sell, assign or transfer this Agreement or any of the Related Documents or any portion hereof or thereof, including without limitation the Company's rights, title, interests, remedies, powers, and duties hereunder or thereunder.
Assignment and Sale. 2.1.1. Each Seller shall offer to sell to Purchaser as absolute owner, with full recourse, such of Seller's Accounts as are listed from time to time on Schedules of Accounts.
2.1.2. Upon purchase, Purchaser will assume the risk of non-payment on Purchased Accounts, so long as (i) the cause of non-payment is solely due to an Account Debtor becoming Insolvent, and (ii) the Account Debtor is not an Affiliate of Seller.
2.1.3. Each Schedule of Accounts shall be accompanied by such documentation regarding the Account, as Purchaser shall from time to time request, and such request may include an acknowledgment of the Account by an Account Debtor or Payor satisfactory to Purchaser.
2.1.4. Purchaser may, but need not purchase from a Seller such Accounts as Purchaser determines to be Eligible Accounts.
2.1.5. Purchaser does not intend to purchase any Account which will cause the unpaid balance of Purchased Accounts to exceed the Maximum Amount.
2.1.6. Purchaser shall pay the Purchase Price, of any Purchased Account, less any amounts due to Purchaser from the Seller of such Account, within one business day of the Purchase Date, whereupon the Accounts shall be deemed purchased hereunder. In the event that Seller requests payment of the Purchase Price on the Purchase Date, Seller shall immediately pay the Expedited Funding Fee to Purchaser.
2.1.7. Notwithstanding anything to the contrary contained herein, Purchaser shall not make any payment to Seller in an amount less than the Minimum Advance Amount, except upon the request of Seller, whereupon Seller shall pay the Minimum Funding Fee to Purchaser.
Assignment and Sale. Seller offers to sell to Purchaser as absolute owner, and Purchaser in its sole discretion may elect to purchase as absolute owner, one or more Accounts from Seller, so long as the Balance Subject to Funds Usage Daily Fee does not exceed, before and after such purchase, the Maximum Amount. If Purchaser agrees to purchase any Account owing to Seller by a specific Account Debtor, then Seller shall sell and Purchaser shall purchase all Accounts owing by such Account Debtor to Seller. Each Account offered for sale shall be submitted to Purchaser and shall be accompanied by such documentation or data supporting and evidencing the Account as Purchaser may request. It is specifically understood between the Parties that Purchaser will not, in connection with the purchase of any Accounts, be deemed to have assumed any liability or obligation which Seller may now or hereafter have to its Account Debtors. The Purchase Price will be credited to the Reserve Account, whereupon such Account shall be deemed purchased hereunder.
