ASSIGNMENT AND CHARGE Sample Clauses

The Assignment and Charge clause governs whether and how a party may transfer its rights or obligations under the contract to another party, or use those rights as security for a debt. Typically, this clause restricts assignment or charging without the prior written consent of the other party, ensuring that contractual obligations are not shifted to third parties without approval. Its core function is to maintain control over who is responsible for performing under the contract and to prevent unwanted or unapproved changes in the parties involved, thereby protecting the interests of all original signatories.
ASSIGNMENT AND CHARGE. (1) In consideration of the Mortgagee making or continuing to make loans or advances or otherwise giving or extending or continuing to give or extend credit or granting other credit or loan facilities or other accommodation to the Mortgagor either alone or jointly with any other person from time to time to such extent and on such terms and conditions and for so long as the Mortgagee may think fit, the Mortgagor as beneficial owner hereby, as a continuing security for payment of the principal sum and interest thereon, and all monies and liabilities which shall now or hereafter be due owing or incurred to the Mortgagee ("the Secured Amounts") by the Mortgagor whether present or future, actual or contingent, and whether solely or jointly with any other person and whether as principal or surety jointly and severally and for the observance and performance by the Mortgagor of its obligations hereunder, HEREBY ASSIGNS AND AGREES TO ASSIGN absolutely to the Mortgagee, free from all liens, charges and other encumbrances, all the Mortgagor's present and future rights, title and interest in and to, and all benefits accrued and to accrue to the Mortgagor under: (a) the Sale and Purchase Agreements; (b) all Sale Proceeds under the Sale and Purchase Agreements and all claims for moneys due and/or to become due, including damages, arising out of the Sale and Purchase Agreements; and (c) the proceeds of any payments which may at any time be received by or payable to the Mortgagor under or in connection with the Sale and Purchase Agreements, whether on account of any claims, awards and judgments made or given under or in connection with the Sale and Purchase Agreements or otherwise howsoever. (2) The Mortgagor as beneficial owner, and as a continuing security for the payment and discharge of the Secured Amounts and for the observance and performance by the Mortgagor of its obligations hereunder, hereby charges and agrees to charge in favour of the Mortgagee, and assigns and agrees to assign absolutely to the Mortgagee, free from all liens, charges and other encumbrances, all the Mortgagor's present and future rights, title and interest in and to, all moneys from time to time standing to the credit of the Special Account, whether in addition to or by way of renewal, extension or replacement of any moneys previously deposited in or credited to the Special Account or otherwise, together with any interest from time to time accruing in respect of such moneys. (3) The Mortgagee ...
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ASSIGNMENT AND CHARGE. 3.1 For the consideration aforesaid, the Assignor as beneficial owner:-
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ASSIGNMENT AND CHARGE. The Borrower hereby: (a) assigns with full title guarantee the Assigned Rights; and (b) charges with full title guarantee the Charged Property, to the Collateral Agent to hold the same on behalf of the Secured Creditors on the terms set out in the Security Trust Deed as security for the payment and discharge of the Secured Obligations.
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ASSIGNMENT AND CHARGE. The Borrower as beneficial owner, and as a continuing security for the payment and discharge of the Secured Debt and for the observance and performance by the Borrower of its obligations under the Financing Documents, hereby charges, and agrees to charge in favour of the Security Trustee (as security trustee for the Secured Parties), with the intent that it shall take effect by way of first floating charge, all the Borrower's present and future rights, title and interest in and to all moneys from time to time standing to the credit of the Project Account, whether in addition to or by way of renewal, extension or replacement of any moneys previously deposited in or credited to the Project Account (it being understood that such moneys may from time to time be represented by new account numbers) or otherwise, together with any interest from time to time accruing in respect of such moneys Provided Always that if at any time the whole of the Secured Debt shall have been paid or discharged in full, the Security Trustee will, as soon as reasonably practicable, at the cost and request of the Borrower, discharge or otherwise reassign, on a without recourse or warranty basis (other than in respect of the Security Trustee's acts or omissions constituting negligence or wilful default), to the Borrower or as it may direct the Charged Property from the security hereby created.
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ASSIGNMENT AND CHARGE. Restrictions on assignment and charges
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ASSIGNMENT AND CHARGE. 11.1 Restrictions on assignment and charges 11.1.1 Subject to Clauses 11.2 and 11.3, this Agreement shall not be assigned by the Concessionaire to any person, save and except with the prior consent in writing of the Authority, which consent the Authority shall be entitled to decline without assigning any reason. 11.1.1 Subject to the provisions of Clause. 11.2, the Concessionaire shall not create nor permit to subsist any Encumbrance, or otherwise transfer or dispose of all or any of its rights and benefits under this Agreement or any Project Agreement to which the Concessionaire is a party except with prior consent in writing of the Authority, which consent the Authority shall be entitled to decline without assigning any reason.
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ASSIGNMENT AND CHARGE way of renewal, extension or replacement of any moneys previously deposited in or credited to the Debt Service Reserve Account (it being understood that such moneys may from time to time be represented by new account numbers) or otherwise, together with any interest from time to time accruing in respect of such moneys Provided Always that if at any time the whole of the Secured Debt shall have been paid or discharged in full, the Security Trustee will, as soon as reasonably practicable, at the cost and request of the Borrower, discharge or otherwise reassign, on a without recourse or warranty basis (other than in respect of the Security Trustee's acts or omissions constituting negligence or wilful default), to the Borrower or as it may direct the Charged Property from the security hereby created.
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ASSIGNMENT AND CHARGE. The Borrower as beneficial owner, and as a continuing security for the payment and discharge of the Secured Debt and for the observance and performance by the Borrower of its obligations under the Financing Documents, hereby charges, and agrees to charge in favour of the Security Trustee (as security trustee for the Phase 2 Secured Parties), with the intent that it shall take effect by way of first fixed charge, and assigns and agrees to assign absolutely to the Security Trustee (as security trustee for the Phase 2 Secured Parties), free from all liens, charges and other encumbrances, all the Borrower's present and future rights, title and interest in and to all moneys from
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ASSIGNMENT AND CHARGE. The Chargor assigns absolutely, subject to a proviso for re-assignment on redemption: all of its rights under each Finance Document1 against each Borrower, each Guarantor, each Trustee, each General Partner, each grantor of any security pursuant to any Security Document, each Managing Agent, each Asset Manager and each Subordinated Creditor; all of its rights under each Finance Document against each Finance Party (including without limitation the Agent and the Security Trustee in relation to any asset or right held by either of them as agent or trustee for the Finance Parties);
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Related to ASSIGNMENT AND CHARGE

  • Assignment and Charges a) The Developer shall not assign in favour of any person this Agreement or the rights, benefits and obligations hereunder save and except with prior consent of the Authority. b) The Developer shall also not create nor permit to subsist any Encumbrance over the Project except with prior consent in writing of the Authority, which consent the Authority shall be entitled to decline without assigning any reason whatsoever. c) Restraint set forth in Clause 14.1 (a) and (b) shall not apply to: (i) Liens/encumbrances arising by operation of law (or by an agreement evidencing the same) in the ordinary course of business of the Developer; (ii) Pledges/hypothecation of goods/moveable assets, revenue and receivables as security for indebtedness, in favour of the Lenders and working capital providers for the Project; (iii) Assignment of Developers rights and benefits under this Agreement to or in favour of the Lenders as security for financial assistance provided by them.

  • ASSIGNMENT AND NOVATION 34.1 The Supplier shall not assign, novate, or otherwise dispose of or create any trust in relation to any or all of its rights, obligations or liabilities under this Framework Agreement or any part of it without Approval. 34.2 The Authority may assign, novate or otherwise dispose of any or all of its rights, liabilities and obligations under this Framework Agreement or any part thereof to: 34.2.1 any Other Contracting Body; or 34.2.2 any Central Government Body or other body established by the Crown or under statute in order substantially to perform any of the functions that had previously been performed by the Authority; or 34.2.3 any private sector body which substantially performs the functions of the Authority, and the Supplier shall, at the Authority’s request, enter into a novation agreement in such form as the Authority shall reasonably specify in order to enable the Authority to exercise its rights pursuant to this Clause 34.2. 34.3 A change in the legal status of the Authority such that it ceases to be a Contracting Body shall not, subject to Clause 34.4 affect the validity of this Framework Agreement and this Framework Agreement shall be binding on any successor body to the Authority. 34.4 If the Authority assigns, novates or otherwise disposes of any of its rights, obligations or liabilities under this Framework Agreement to a body which is not a Contracting Body or if a body which is not a Contracting Body succeeds the Authority (both “Transferee” in the rest of this Clause) the right of termination of the Authority in Clause 30.4 (Termination on Insolvency) shall be available to the Supplier in the event of the insolvency of the Transferee (as if the references to Supplier in Clause 30.4 (Termination on Insolvency)) and to Supplier or Framework Guarantor or Call Off Guarantor in the definition of Insolvency Event were references to the Transferee.

  • Assignment and Transfer The Member may assign or transfer in whole but not in part its limited liability company interest to a single acquiror.

  • ASSIGNMENT AND SUB-LETTING Tenant shall not assign this Agreement, or sub-let or grant any license to use the Premises or any part thereof without the prior written consent of Landlord. A consent by Landlord to one such assignment, sub-letting or license shall not be deemed to be a consent to any subsequent assignment, sub-letting or license. An assignment, sub-letting or license without the prior written consent of Landlord or an assignment or sub-letting by operation of law shall be absolutely null and void and shall, at Landlord's option, terminate this Agreement.