Common use of Amendments; Assignments Clause in Contracts

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 14 contracts

Samples: Loan and Security Agreement (Medley Credit Acceptance Corp), Loan and Security Agreement (Nstor Technologies Inc), Finova Loan and Security Agreement (Play Co Toys & Entertainment Corp)

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Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by each Borrower and FINOVA. No Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of a Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Each Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to any Borrower or any Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower Borrowers and such assignment shall effect a novation between Borrower Borrowers and such third party.

Appears in 2 contracts

Samples: Loan and Security Agreement (Digital Solutions Inc), Loan and Security Agreement (Digital Solutions Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVATEXTRON. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVATEXTRON's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVATEXTRON's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA TEXTRON may disclose all documents and information which FINOVA TEXTRON now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA TEXTRON assigns its rights and obligations hereunder to a third party, FINOVA TEXTRON shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 2 contracts

Samples: Loan and Security Agreement (I Sector Corp), Loan and Security Agreement (Micros to Mainframes Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by the Borrower and FINOVAthe Lender. The Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of the Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. The Borrower hereby consents to FINOVAthe Lender's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan DocumentsLoan, or of any portion hereof or thereof, including, without limitation, FINOVAthe Lender's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA the Lender may disclose all documents and information which FINOVA the Lender now or hereafter may have relating to the Borrower or the Borrower's business. To the extent that FINOVA the Lender assigns its rights and obligations hereunder to a third party, FINOVA the Lender shall thereafter be released from such assigned obligations to the Borrower and such assignment shall effect a novation between the Borrower and such third party.

Appears in 2 contracts

Samples: Loan Agreement (Iac Holdings Corp), Loan Agreement (International Mezzanine Investment N V)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower Dealer and FINOVA. Borrower Dealer may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of BorrowerDealer's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower Dealer hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower Dealer or BorrowerDealer's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower Dealer and such assignment shall effect a novation between Borrower Dealer and such third party.

Appears in 1 contract

Samples: Secured Wholesale Finance Agreement (Compusa Inc)

Amendments; Assignments. This Agreement may not be modified, altered or ----------------------- amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Cumetrix Data Systems Corp)

Amendments; Assignments. This Agreement may not be modified, altered ----------------------- or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Finova Loan and Security Agreement (Utilx Corp)

Amendments; Assignments. This Agreement may not be modified, modified altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, thereof including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Espos Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by each Borrower and FINOVALender. No Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of such Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Each Borrower hereby consents to FINOVALender's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVALender's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA Lender may disclose all documents and information which FINOVA Lender now or hereafter may have relating to any Borrower or any Borrower's business. To the extent that FINOVA Lender assigns its rights and obligations hereunder to a third party, FINOVA Lender shall thereafter be released from such assigned obligations to any Borrower and such assignment shall effect a novation between such Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Core Technologies Pennsylvania Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's businessbusinesses. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.; provided however, that at any time other than in connection with the sale of FINOVA, the sale of a portfolio of loans or the securitization of the Loan and other than during an Event of Default, FINOVA shall obtain the prior written consent of Borrower to such assignment of rights and obligations, which consent shall not be unreasonably withheld..

Appears in 1 contract

Samples: Loan and Security Agreement (Intellicall Inc)

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Amendments; Assignments. This Agreement may not be modified, altered or ------------------------ amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunderthereunder (provided any such party to whom such interest is sold, assigned or transferred assumes FINOVA's obligations with respect thereto). In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's businessbusinesses provided that any such party to whom such information may be provided shall be under a duty of non-disclosure with respect to such information. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Avery Communications Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVAFlNOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVAF1NOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Praegitzer Industries Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents Only if incidental to FINOVA's participation, a sale, assignment, transfer or other dispositiondisposition of all or substantially all of FINOVA's Los Angeles loan portfolio, at any time Borrower hereby consents to FINOVA's sale, assignment, transfer or times hereafter, other disposition of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third partyparty in accordance with this Section 9.7, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party, provided that the assignee fully assumes all of FINOVA's obligations hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Fresh Choice Inc)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVALender. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVALender's participation, sale, assignment, transfer or other disposition, at any time Time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVALender's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA Lender may disclose all documents and information which FINOVA Lender now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA Lender assigns its rights and obligations hereunder to a third party, FINOVA Lender shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.

Appears in 1 contract

Samples: Loan and Security Agreement (Rockford Corp)

Amendments; Assignments. This Agreement may not be modified, altered or amended, except by an agreement in writing signed by Borrower and FINOVA. Borrower may not sell, assign or transfer any interest in this Agreement or any other Loan Document, or any portion thereof, including, without limitation, any of Borrower's rights, title, interests, remedies, powers and duties hereunder or thereunder. Borrower hereby consents to FINOVA's participation, sale, assignment, transfer or other disposition, at any time or times hereafter, of this Agreement and any of the other Loan Documents, or of any portion hereof or thereof, including, without limitation, FINOVA's rights, title, interests, remedies, powers and duties hereunder or thereunder. In connection therewith, FINOVA may disclose all documents and information which FINOVA now or hereafter may have relating to Borrower or Borrower's business. To the extent that FINOVA assigns its rights and obligations hereunder to a third party, FINOVA shall thereafter be released from such assigned obligations to Borrower and such assignment shall effect a novation between Borrower and such third party.released

Appears in 1 contract

Samples: Loan and Security Agreement (Revenge Marine Inc)

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