Assumption of Obligation. Assumptor agrees to and does hereby assume as of the origination date of the Loan, all of the payment and performance obligations of Original Borrower set forth in the Note, the Security Instrument and the other Loan Documents in accordance with their respective terms and conditions, as the same may be modified by this Agreement including, without limitation, payment of all sums due and payable under the Note. Assumptor further agrees to abide by and be bound by all of the terms of the Loan Documents, all as though each of the Loan Documents had been made, executed and delivered by Assumptor. The provisions of the Loan Documents are incorporated herein by reference as if fully set forth herein. Assumptor acknowledges and agrees that any reference to Original Borrower in the Loan Documents shall be deemed to refer to Assumptor. Assumptor hereby adopts, ratifies and confirms as of the date hereof all of the representations, warranties and covenants of Original Borrower contained in the Loan Documents in connection with the Loan (including, but not limited to, the warranty of title set forth in, and the other terms and provisions of, Section 5.2 of the Security Instrument) as if Assumptor was Original Borrower named in the Loan Documents, and, without limitation of the foregoing, Assumptor hereby represents, warrants, and covenants that Assumptor has good, indefeasible and insurable fee simple title to the real property comprising part of the Property and good and indefeasible title to the balance of the Property, free and clear of all liens whatsoever except the Permitted Exceptions (as defined in the Security Instrument), such other liens as are permitted pursuant to the Loan Documents and the liens created by the Loan Documents.
Assumption of Obligation. The Company shall not enter into any transaction described in Subsection 11(a) unless the Acquiring Corporation and any person that controls the Acquiring Corporation assume in writing all the obligations of the Company hereunder.
Assumption of Obligation. To the extent that an order is transferred or assigned to Buyer or that Buyer accepts a new purchase order from a Current Customer, Buyer agrees to assume and perform all obligations thereunder.
Assumption of Obligation. Notwithstanding anything contained in this Warrant Agreement to the contrary, the Company shall not effect any of the transactions described in Section 9.1(a), (b), (c) or (d) unless, prior to the consummation thereof, the person (other than the Company) that may be required to deliver any cash, stock or other securities or property upon exercise of any Warrant as provided herein shall assume, by written instrument delivered to the Holders of the Warrants, (a) the obligations of the Company under this Warrant Agreement and the Warrants (and if the Company shall survive the consummation of any such transaction, such assumption shall not release the Company from any continuing obligations of the Company under this Warrant Agreement and the Warrants) and (b) the obligation to deliver to such Holder such cash, stock or other securities or other property as such Holder may be entitled to receive in accordance with the provisions of this Section 9; provided, however, that this Section 9.2 shall not be applicable to any transaction described in Section 9.1 if all such cash, stock, property or other consideration receivable upon consummation of such transaction is delivered to the Company at such time. Such person shall similarly deliver to the Company an opinion of counsel to the effect that this Warrant Agreement and the Warrants shall continue in full force and effect after any such transaction and that the terms hereof (including, without limitation all of the provisions of Section 8 and this Section 9.2) and thereof shall be applicable to the cash, stock or other securities or property that such person may be required to deliver upon any exercise of the Warrants.
Assumption of Obligation. Each transferee of this Lease shall assume all the obligations of Tenant under this Lease and shall be and remain liable (jointly and severally with Tenant unless otherwise provided herein) for the payment of the Rent in the performance of all terms, covenants, conditions and agreements herein contained on Tenant’s part to be performed for the term of this Lease. No transfer shall be binding on Landlord unless the transferee or Tenant delivers to Landlord a counterpart of the instrument of transfer which contains a covenant of assumption by the transferee satisfactory in substance and form to Landlord, consistent with the above requirements. The failure or refusal of the transferee to execute such instrument of assumption shall not release or discharge the transferee from its liability to Landlord hereunder.
Assumption of Obligation. Transferee agrees to and does hereby assume all of the payment and performance obligations of the Transferor set forth in the Note, the Mortgage and the other Loan Documents in accordance with their respective terms and conditions, as the same may be modified by this Agreement, including without limitation, payment of all sums due and payable under the Note. Transferee further agrees to abide by and be bound by all of the terms of the Loan Documents, as modified herein, all as though each of the Loan Documents had been made, executed and delivered by Transferee. The provisions of the Loan Documents are incorporated herein by this reference, as if fully set forth herein. Without limitation of any continuing liability of Transferor, Transferee acknowledges and agrees that any reference to the Transferor in the Loan Documents shall be deemed to refer to Transferee. Transferee hereby adopts, ratifies and confirms all of the representations, warranties and covenants of Transferor contained in the Loan Documents, including, but not limited to, the Indemnity Agreement, as if Transferee were the Transferor named in the Loan Documents.
Assumption of Obligation. Assignee hereby expressly assumes and all of the obligations of the Landlord under the Lease from and after the Effective Date of this Assignment.
Assumption of Obligation. The assumption of the mutuality of obligation assures the School District of an agreeable relationship between the Board and the Aides of the Marathon Central School District.
Assumption of Obligation. To the extent that an order is transferred or assigned to Buyer or its designees or that Buyer or its designees accept a new purchase order from a Current Customer, such order shall be a Transferred Agreement.
Assumption of Obligation. To the extent that Seller's backlog is transferred or assigned to Buyer or that Buyer accepts a new purchase order from a Current Customer, Buyer agrees to assume and perform all obligations thereunder and to use reasonable efforts to fill the order in accordance with its terms.
