Common use of ASSIGNMENTS AND ASSUMPTIONS Clause in Contracts

ASSIGNMENTS AND ASSUMPTIONS. (a) Except as provided herein, each Lender (in this Section 19.1, an "Assigning Lender") may assign to one or more Eligible Assignees (in this Section 19.1, each an "Assignee Lender") all or a portion of that Lender's interests, rights and obligations under this Agreement and the other Loan Documents (including, all or a portion of its Dollar Commitment) and the same portion of the loans at the time owing to it, and of the note (if any) held by the Assigning Lender, provided that, (i) Each of the Agent and (so long as no Event of Default exists and is continuing) the Borrower shall have given its prior written consent to such assignment, each which consent shall not be unreasonably withheld, but need not be given, in the case of the Agent, if the proposed assignment would result in any resulting Lender's having a Dollar Commitment of less than the "minimum hold" amount specified in Section 19.1(a)(iii). (ii) Each such assignment shall be of a constant, and not a varying, percentage of all the rights and obligations under this Agreement of Assigning Lenders that are Lenders. (iii) Following the effectiveness of such assignment, the Lender's Dollar Commitment of the Assigning Lender that is a Lender (if not an assignment of all of such Lender's Dollar Commitment) shall not be less than $10,000,000.00 (i.e., the "minimum hold").

Appears in 1 contract

Sources: Loan and Security Agreement (Wild Oats Markets Inc)

ASSIGNMENTS AND ASSUMPTIONS. (a) Except as provided herein, each Lender (in this Section 19.118.1, an "Assigning Lender") may assign to one or more Eligible Assignees (in this Section 19.118.1, each an "Assignee Lender") all or a portion of that Lender's ’s interests, rights and obligations under this Agreement and the other Loan Documents (including, all or a portion of its Dollar Commitment) and the same portion of the loans at the time owing to it, and of the note (if any) held by the Assigning Lender, provided that, (i) Each of the Agent and (so long as no Event of Default exists and is continuing) the Borrower shall have given its prior written consent to such assignment, each which consent shall not be unreasonably withheld, but need not be given, in the case of the Agent, if the proposed assignment would result in any resulting Lender's ’s having a Dollar Commitment of less than the "minimum hold" amount specified in Section 19.1(a)(iii18.1(a)(iii). (ii) Each such assignment shall be of a constant, and not a varying, percentage of all the rights and obligations under this Agreement of Assigning Lenders that are Lenders. (iii) Following the effectiveness of such assignment, the Lender's ’s Dollar Commitment of the Assigning Lender that is a Lender (if not an assignment of all of such Lender's ’s Dollar Commitment) shall not be less than $10,000,000.00 (i.e., the "minimum hold").

Appears in 1 contract

Sources: Loan and Security Agreement (RoomStore, Inc.)

ASSIGNMENTS AND ASSUMPTIONS. (a) Except as provided herein, each Lender (in this Section 19.118.1, an "Assigning Lender") may assign to one or more Eligible Assignees (in this Section 19.118.1, each an "Assignee Lender") all or a portion of that Lender's ’s interests, rights and obligations under this Agreement and the other Loan Documents (including, all or a portion of its Dollar Commitment) and the same portion of the loans at the time owing to it, and of the note (if any) held by the Assigning Lender, provided that, (i) Each of the Agent and (so long as no Event of Default exists and is continuing) the Borrower shall have given its prior written consent to such assignment, each which consent shall not be unreasonably withheld, but need not be given, in the case of the Agent, if the proposed assignment would result in any resulting Lender's ’s having a Dollar Commitment of less than the "minimum hold" amount specified in Section 19.1(a)(iii18.l(a)(iii). (ii) Each such assignment shall be of a constant, and not a varying, percentage of all the rights and obligations under this Agreement of Assigning Lenders that are Lenders. (iii) Following the effectiveness of such assignment, the Lender's ’s Dollar Commitment of the Assigning Lender that is a Lender (if not an assignment of all of such Lender's ’s Dollar Commitment) shall not be less than $10,000,000.00 (i.e., the "minimum hold").

Appears in 1 contract

Sources: Loan and Security Agreement (RoomStore, Inc.)