Common use of Permitted Assignments Clause in Contracts

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers”) all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers and the Agent otherwise consents) be in an amount not less than the lesser of (a) $10,000,000 or (b) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 3 contracts

Sources: Credit Agreement (Nationwide Financial Services Inc/), 364 Day Credit Agreement (Nationwide Financial Services Inc/), Five Year Credit Agreement (Nationwide Financial Services Inc/)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers”) all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Administrative Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Cimarex Energy Co), Credit Agreement (SCP Pool Corp)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such Any required consent of the Agent and, if applicable, the Borrowers Borrower shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated). Furthermore, the assigning Lender shall pay the Agent an assignment fee of $3,500 for each assignment.

Appears in 2 contracts

Sources: Credit Agreement (Superior Energy Services Inc), Credit Agreement (Unifab International Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Administrative Agent and the Agent each LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, provided that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans Outstanding Credit Exposure (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers”"PURCHASERS") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit EXHIBIT C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender Lender, an Affiliate thereof or an Affiliate thereofApproved Fund; providedPROVIDED, howeverHOWEVER, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Aon Corp), 364 Day Credit Agreement (Aon Corp)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C 12.3.1 or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Roundys Inc), Credit Agreement (Roundys Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuingcontinuing or if such assignment is to another Lender or an Affiliate of a Lender, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Aetna Industries Inc), Credit Agreement (Aetna Industries Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such Any required consent of the Agent and, if applicable, the Borrowers Borrower shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated). Furthermore, the assigning Lender shall pay the Agent an assignment fee of $3,500 for each assignment.

Appears in 2 contracts

Sources: Credit Agreement (Osca Inc), Credit Agreement (Superior Energy Services Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Administrative Agent and each LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, provided that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans Outstanding Credit Exposure (if the applicable Commitment has been terminated).

Appears in 2 contracts

Sources: Credit Agreement (Idaho Power Co), Credit Agreement (Idaho Power Co)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers) all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Administrative Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Cimarex Energy Co)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit EXHIBIT C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; providedPROVIDED, howeverHOWEVER, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such Any required consent of the Agent and, if applicable, the Borrowers Borrower shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated). Furthermore, the assigning Lender shall pay the Agent an assignment fee of $3,500 for each assignment.

Appears in 1 contract

Sources: Credit Agreement (Superior Energy Services Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent and the LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; providedPROVIDED, howeverHOWEVER, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Coachmen Industries Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, may at any time after the date that is sixty (60) days following the Closing Date assign to one or more banks or other entities (“Purchasers”) all or any part of its rights and obligations under the Loan DocumentsDocuments (a “Lender Assignment”). Such assignment Lender Assignment shall be substantially in the form of Exhibit C E or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Administrative Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, provided that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers consents shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Puget Sound Energy Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Administrative Agent and the LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000.00 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Newpark Resources Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and may in accordance with applicable lawApplicable Law, at any time assign to one or more banks or other entities (“Purchasers”"TRANSFEREES") all or any part of its rights and obligations under the Loan DocumentsOperative Documents or the Property subject to the consent of Lessee, which consent shall not be unreasonably withheld. Such assignment shall be substantially in the form of Exhibit C M-1 or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Lessee and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser Transferee which is not a Lender or an Affiliate thereof; provided, however, that if a Lease Event of Default or a Construction Agency Event of Default has occurred and is continuing, the consent of the Borrowers Lessee shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser Transferee which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Lessee and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000.00 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Participation Agreement (Perot Systems Corp)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall will be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of Unit, the Borrowers Administrative Agent and the Agent shall LC Issuer will be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers shall Credit Parties will not be required. Such consent of the Agent and, if applicable, the Borrowers shall Credit Parties will not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall will (unless each of the Borrowers Credit Parties and the Administrative Agent otherwise consentsconsent) be in an amount not less than the lesser of (ai) $10,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Unit Corp)

Permitted Assignments. Any Lender may, in the ordinary --------------------- course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, ----------------- that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Luiginos Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers”) all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such Any required consent of the Agent and, if applicable, the Borrowers Borrower shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated). Furthermore, the assigning Lender shall pay the Agent an assignment fee of $3,500 for each assignment.

Appears in 1 contract

Sources: Credit Agreement (Superior Energy Services Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be evidenced by an Assignment Agreement ("Assignment Agreement") substantially in the form of Exhibit C A or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, provided that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans Outstanding Credit Exposure (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Portland General Electric Co /Or/)

Permitted Assignments. Any Lender may, in the ordinary course of --------------------- its business and in accordance with applicable lawLaw, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrowers, the Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Miller Exploration Co)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C EXHIBIT B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; providedPROVIDED, howeverHOWEVER, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such Any required consent of the Agent and, if applicable, the Borrowers Borrower shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated). Furthermore, the assigning Lender shall pay the Agent an assignment fee of $3,500 for each assignment.

Appears in 1 contract

Sources: Credit Agreement (Unifab International Inc)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C B or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent and the LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; , provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Coachmen Industries Inc)

Permitted Assignments. Any Lender may, in the --------------------- ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan DocumentsDocuments ("Lender Assignment"). Such assignment Lender Assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower and the Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Alliant Energy Corp)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities (“Purchasers”) all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C I or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower, the Agent and the Agent LC Issuer otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated)) and shall be pro rata as to the Revolving Loans, Facility LCs and the Term Loan.

Appears in 1 contract

Sources: Credit Agreement (Franklin Covey Co)

Permitted Assignments. Any Lender may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Borrower, the Administrative Agent and the Agent LC Issuer shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereof; provided, however, that if a Default has occurred and is continuing, the consent of the Borrowers Borrower shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Administrative Agent otherwise consents) be in an amount not less than the lesser of (ai) $10,000,000 5,000,000 or (bii) the remaining amount of the assigning Lender’s 's Commitment (calculated as at the date of such assignment) or outstanding Loans Credit Extensions (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Daisytek International Corporation /De/)

Permitted Assignments. Any Lender Bank may, in the ordinary course of its business and in accordance with applicable law, at any time assign to one or more banks or other entities ("Purchasers") all or any part of its rights and obligations under the Loan Documents. Such assignment shall be substantially in the form of Exhibit C "E" hereto or in such other form as may be agreed to by the parties thereto. The consent of the Borrowers Company and the Administrative Agent shall be required prior to an assignment becoming effective with respect to a Purchaser which is not a Lender or an Affiliate thereofeffective; providedPROVIDED, howeverHOWEVER, that if a Default has occurred and is continuing, the consent of the Borrowers Company shall not be required. Such consent of the Agent and, if applicable, the Borrowers shall not be unreasonably withheld or delayed. Each such assignment with respect to a Purchaser which is not a Lender Bank or an Affiliate thereof shall (unless each of the Borrowers Borrower and the Agent otherwise consents, such consent of the Borrower not being required if a Default has occurred and is continuing) be in an amount not less than the lesser of (ai) $10,000,000 or (bii) the remaining amount of the assigning Lender’s Bank's Commitment (calculated as at the date of such assignment) or outstanding Loans (if the applicable Commitment has been terminated).

Appears in 1 contract

Sources: Credit Agreement (Cordant Technologies Inc)