Transfer of the Account Sample Clauses

Transfer of the Account. Notwithstanding the provisions of Section 8.01 or 8.07, if the Certificate Account shall be maintained with the Servicer or an Affiliate of the Servicer and an Event of Default shall occur and be continuing, the Servicer, after five days' written notice from the Trustee, or in any event within ten days after the occurrence of the Event of Default, shall establish a new account, which shall be an Eligible Account, conforming with the requirements of this Agreement, at the trust department of the Trustee or with a depository institution other than the Servicer or an Affiliate of the Servicer, and shall promptly transfer all funds in the Certificate Account to such new Certificate Account, which shall thereafter be deemed the Certificate Account for the purposes hereof.
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Transfer of the Account. The Bank shall have the right to assign and transfer to another person or entity, at any time without prior notice to the Cardholder, the Bank’s rights under this Agreement and any or all of the obligations of the Cardholder owed to the Bank under this Agreement or on the Account. The Cardholder’s rights under this Agreement shall not, however, be transferred by operation of law or by the Cardholder, but all of the Cardholder’s obligations under this Agreement shall be binding on the Cardholder’s estate, heirs, legatees, and personal representatives.
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Transfer of the Account. Broker may. at any lime and in Broker’s sole discretion, transfer all open positions in the Account (each such transfer, a “Bulk Transfer”) to another futures commission merchant or introducing broker, and Customer hereby authorizes Broker to effect any such Bulk Transfer, provided that Broker shall provide Customer with written notice (the “Bulk Transfer Notice”) as promptly as circumstances permit of the proposed Bulk Transfer and identify to Customer the reasons for the Bulk Transfer, the name, address and telephone number of the proposed transferee futures commission merchant or introducing broker and any other information material to the proposed Bulk Transfer. Customer may object to the proposed Bulk Transfer in writing within 10 days after receipt of the Bulk Transfer Notice and direct Broker to liquidate all open positions in the Account or transfer them to another futures commission merchant selected by Customer. In the event Customer does not object in writing to the proposed Bulk Transfer within 10 days after receipt of the Bulk Transfer Notice, Customer shall be deemed to have consented to the proposed Bulk Transfer, and Broker will conduct the Bulk Transfer in accordance with the terms set forth in the Bulk Transfer Notice.
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Transfer of the Account. Notwithstanding the provisions of Section 7.01 or the Indenture, if the Note Account shall be maintained with the Servicer or an Affiliate of the Servicer and an Event of Default shall occur and be continuing, the Servicer, after five days' written notice from the Indenture Trustee, or in any event within ten days after the occurrence of the Event of Default, shall establish a new account, which shall be an Eligible Account, conforming with the requirements of this Agreement, with a depository institution other than the Servicer or an Affiliate of the Servicer, and shall promptly transfer all funds in the Note Account to such new Note Account, which shall thereafter be deemed the Note Account for the purposes hereof.
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Transfer of the Account. Lender may assign its rights under this Agreement to a financial institution or to a trust (in either case, an “Assignee”) in connection with an assignment of the Loan Documents and/or the issuance of mortgage pass-through certificates or other AFDOCS/11676704 securities evidencing a beneficial interest in a rated or unrated public offering or private placement related to the Loan. Lender will notify the Bank in writing of such assignment (an “Assignment Notice”) within ten (10) business days of such assignment, which notice shall at a minimum notify the Bank of the existence and effective date of such assignment and the identity of the Assignee, and shall give instructions to the Bank regarding any necessary changes to the deposit account titles. Lender acknowledges and agrees that neither such assignment nor the receipt by the Bank of such written notice of such assignment shall in any manner modify or abrogate the termination rights of the Bank set forth in Section 8 above, which rights shall remain in full force and effect following such assignment. Upon any such assignment this Agreement shall continue in full force and effect as a Control Agreement for the benefit of such Assignee, as the successor secured party with respect to the Account, to permit such Assignee to hold a continuously perfected security interest in the Account. The acceptance by an Assignee of any such assignment by Lender of the Loan and Lender’s interest hereunder with respect thereto shall be deemed to, and shall, constitute an assumption by such Assignee of the rights and obligations of Lender hereunder, effective as of the time of acceptance of such assignment by such Assignee. By acceptance of assignment hereof, any such Assignee hereby agrees to such assumption. Upon such assignment and assumption becoming effective, but not prior thereto, Lender shall be deemed to be, and shall be, released from any obligations or liability thereafter arising under this Agreement. Without implying any limitation of the foregoing, if requested by Lender, the parties hereto will execute an agreement with such Assignee confirming the foregoing. Prior to the receipt by the Bank of an Assignment Notice, and except in connection with the exercise by the Bank of any right expressly reserved in this Agreement, the Bank shall act with respect to the Account only at, and in compliance with, the instructions of Lender. After receipt by the Bank of an Assignment Notice, and except in connection with th...
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Related to Transfer of the Account

  • Transfer of the Shares Prior to the termination of this ---------------------- Agreement, except as otherwise provided herein, the Shareholder shall not: (i) transfer (which term shall include, without limitation, for the purposes of this Agreement, any sale, gift, pledge or other disposition), or consent to any transfer of, any or all of the Shares; (ii) enter into any contract, option or other agreement or understanding with respect to any transfer of any or all of the Shares or any interest therein; (iii) grant any proxy, power-of-attorney or other authorization or consent in or with respect to the Shares; (iv) deposit the Shares into a voting trust or enter into a voting agreement or arrangement with respect to the Shares, or (v) take any other action that would in any way restrict, limit or interfere with the performance of such Shareholder's obligations hereunder or the transactions contemplated hereby.

  • Transfer of the Mortgage Loans (a) Possession of Mortgage Files. The Seller does hereby sell, transfer, assign, set over and convey to the Purchaser, without recourse but subject to the terms of this Agreement, all of its right, title and interest in, to and under the Mortgage Loans. The contents of each Mortgage File not delivered to the Purchaser or to any assignee, transferee or designee of the Purchaser on or prior to the Closing Date are and shall be held in trust by the Seller for the benefit of the Purchaser or any assignee, transferee or designee of the Purchaser. Upon the sale of the Mortgage Loans, the ownership of each Mortgage Note, the related Mortgage and the other contents of the related Mortgage File is vested in the Purchaser and the ownership of all records and documents with respect to the related Mortgage Loan prepared by or that come into the possession of the Seller on or after the Closing Date shall immediately vest in the Purchaser and shall be delivered immediately to the Purchaser or as otherwise directed by the Purchaser.

  • Transfer of the Warrant Shares issued upon the exercise of this Warrant shall be restricted in the same manner and to the same extent as the Warrant, and the certificates representing such Warrant Shares shall bear substantially the following legend, until such Warrant Shares have been registered under the Act or may be removed as otherwise permitted under the Act: "THE SHARES OF COMMON STOCK REPRESENTED BY THIS CERTIFICATE HAVE NOT BEEN REGISTERED UNDER THE SECURITIES ACT OF 1933, AS AMENDED (THE "ACT"), OR ANY APPLICABLE STATE SECURITIES LAW AND MAY NOT BE TRANSFERRED UNTIL (i) A REGISTRATION STATEMENT UNDER THE ACT OR SUCH APPLICABLE STATE SECURITIES LAWS SHALL HAVE BECOME EFFECTIVE WITH REGARD THERETO, OR (ii) IN THE OPINION OF COUNSEL SATISFACTORY TO THE COMPANY, REGISTRATION UNDER THE ACT OR SUCH APPLICABLE STATE SECURITIES LAWS IS NOT REQUIRED IN CONNECTION WITH SUCH PROPOSED TRANSFER."

  • Transfer of Units 10.3.1 Units may be transferred only in the manner described in Article 9.2. The transfer of any Units and the admission of any new Partner shall not constitute an amendment to this Agreement.

  • Transfer of Funds From such funds as may be available for the purpose in the relevant Fund Custody Account, and upon receipt of Proper Instructions specifying that the funds are required to redeem Shares of the Fund, the Custodian shall wire each amount specified in such Proper Instructions to or through such bank or broker-dealer as the Trust may designate.

  • Transfer of the Property Any sale, lease, conveyance, assignment, pledge, encumbrance, or transfer of all or any part of the Property or any interest therein, voluntarily or involuntarily, whether by operation of law or otherwise, except: (i) sales or transfers of items of the Accessories which have become obsolete or worn beyond practical use and which have been replaced by adequate substitutes, owned by Mortgagor, having a value equal to or greater than the replaced items when new; and (ii) the grant, in the ordinary course of business, of a leasehold interest in a part of the Improvements to a tenant for occupancy, not containing a right or option to purchase and not in contravention of any provision of this Mortgage or of any other Loan Document. Mortgagee may, in its sole discretion, waive a default under this paragraph, but it shall have no obligation to do so, and any waiver may be conditioned upon such one or more of the following (if any) which Mortgagee may require: the grantee’s integrity, reputation, character, creditworthiness and management ability being satisfactory to Mortgagee in its sole judgment and grantee executing, prior to such sale or transfer, a written assumption agreement containing such terms as Mortgagee may require, a principal paydown on the Note, an increase in the rate of interest payable under the Note, a transfer fee, a modification of the term of the Note, and any other modification of the Loan Documents which Mortgagee may require. NOTICE - THE DEBT SECURED HEREBY IS SUBJECT TO CALL IN FULL IN THE EVENT OF SALE OR CONVEYANCE OF THE PROPERTY CONVEYED.

  • Transfer of Loan Lender may, at any time, sell, transfer or assign the Loan Documents, or grant participations therein (“Participations”) or syndicate the Loan (“Syndication”) or issue mortgage pass-through certificates or other securities evidencing a beneficial interest in a rated or unrated public offering or private placement (“Securities”) (a Syndication or the issuance of Participations and/or Securities, a “Securitization”).

  • Transfer of Note Each provision of this Note shall be and ---------------- remain in full force and effect notwithstanding any negotiation or transfer hereof and any interest herein to any other Holder or participant.

  • No Transfer of Servicing With respect to the retention of the Company to service the Mortgage Loans hereunder, the Company acknowledges that the Purchaser has acted in reliance upon the Company's independent status, the adequacy of its servicing facilities, plan, personnel, records and procedures, its integrity, reputation and financial standing and the continuance thereof. Without in any way limiting the generality of this Section, the Company shall not either assign this Agreement or the servicing hereunder or delegate its rights or duties hereunder or any portion thereof, or sell or otherwise dispose of all or substantially all of its property or assets, without the prior written approval of the Purchaser, which consent shall be granted or withheld in the Purchaser's sole discretion. Without in any way limiting the generality of this Section 8.05, in the event that the Company either shall assign this Agreement or the servicing responsibilities hereunder or delegate its duties hereunder or any portion thereof without (i) satisfying the requirements set forth herein or (ii) the prior written consent of the Purchaser, then the Purchaser shall have the right to terminate this Agreement, without any payment of any penalty or damages and without any liability whatsoever to the Company (other than with respect to accrued but unpaid Servicing Fees and Servicing Advances remaining unpaid) or any third party.

  • Transfer of Servicing On the related Transfer Date, if any, the Purchaser, or its designee, shall assume all servicing responsibilities related to, and the Seller cease all servicing responsibilities related to, the related Mortgage Loans subject to such Transfer Date. On or prior to the related Transfer Date, the Seller shall, at its sole cost and expense, take such steps as may be necessary or appropriate to effectuate and evidence the transfer of the servicing of the related Mortgage Loans to the Purchaser, or its designee, including but not limited to the following:

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