Prior Assignments. The Parties separately represent and warrant that they have not directly or indirectly assigned, transferred, encumbered, or purported to assign, transfer, or encumber to any person or entity and portion of any liability, claim, demand, action, cause of action, or right released and discharged by the Party in this Settlement.
Prior Assignments. The Parties acknowledge that the Initial Agreement was assigned from SESI to Merger Sub by effect of the merger between such two entities. SETI hereby acknowledges, represents and warrants that (a) the Initial Agreement was then assigned from Merger Sub to SETI and (b) that SETI has received and assumed the Initial Agreement and all rights, obligations and liabilities of SESI and Merger Sub under the Initial Agreement.
Prior Assignments. No prior assignments nor any prior security ----------------- interest have been made, granted or arisen in any of its Accounts to anyone except as has been released by the parties holding such adverse interest or as to which Company and Factor (in its sole discretion) have entered into a valid intercreditor agreement or release in form acceptable to Factor prior to or contemporaneously with Factor's purchase of the Purchased Accounts.
Prior Assignments. Master Lessee has no knowledge of any prior assignment or pledge of the rent accruing under the Master Lease by Borrower (other than in connection with the Loan). Master Lessee hereby acknowledges the making of the Assignment from Borrower to Lender in connection with the Loan. Master Lessee acknowledges that the interest of the Borrower under the Master Lease and the collateral assignment of leases from Master Lessee to Borrower set forth in Section [ ] of the Master Lease, are to be assigned to Lender solely as security for the purposes specified in the Assignment, and Lender shall have no duty, liability or obligation whatsoever under the Master Lease or under any Leases or any extension or renewal thereof, either by virtue of the Assignment or by any subsequent receipt or collection of Rents thereunder, unless Lender shall specifically undertake such liability in writing.
Prior Assignments. By their signature below, each of the ----------------- Purchasers who are also parties to that certain Series A Convertible Preferred Stock Purchase Agreement (the "Series A Agreement") between the Company and the purchasers named therein dated as of November 7, 1994, (each, a "Series A Purchase?') and that certain Series B Convertible Preferred Stock Purchase Agreement (the "Series B Agreement") between the Company and the purchasers named therein dated as of March 1, 1996, (each, a "Series B Purchaser") and that certain Series C convertible Preferred Stock Purchase Agreement (the "Series C Agreement") between the Company and the purchasers named therein dated as of May 1, 1997 (each, a "Series C Purchaser") hereby (i) waives, except to the extent set forth on Schedule I hereto, the right to ---------- purchase shares of Series E Convertible Preferred Stock sold pursuant to this Agreement. The signature of each Series A Purchaser, Series B Purchaser and Series C Purchaser below shall also constitute such party's agreement to the right of first refusal granted in Section 5.02 hereof and the termination of Sections 5.02 of the Series A Agreement, the Series B Agreement and the Series C Agreement.
Prior Assignments. Shaffner and CyFax represent that they have not assigned, in whole or xx xxxx, any claims, demands and/or causes of action relating to the CyNet Correspondence, Agreements or Stock Rights to any person or entity prior to their execution of this Mutual Release. CyNet and Davis represent that they have not assigned, in whole or in part, any xxxxm, demand and/or causes of action relating to the CyNet Correspondence or Agreements of Shaffner and CyFax to any person or entity prior to its execution of xxxx Xxxual Release.
Prior Assignments. This Assignment, as to each Overriding Royalty Interest, is made expressly subject to the terms of the relevant Prior Assignment.
Prior Assignments. American, Dror and Zeller represent that xxxx have not assigned, in whole or in part, any claims, demands and/or causes of action against Oxford, Pitts Texas, Fabricaxxxx, Pitts Nevada, Har, Xxx Xitt and/or Syracuse to any person or entity prior to their execution of this Mutual Release. Oxford, Pitts Texas, Fabricaxxxx, Pitts Nevada, Har, Hax Pitt and Syracuse represent that they have not assigned, in whole or in part, any claim, demand and/or causes of action against American, Dror, or Zeller to any person xx xxtity prior to their execution of this Mutual Release.
Prior Assignments. American and Dror represent that they have not assigned, in whole or in part, any claims, demands and/or causes of action against Oxford, Pitts Texas, Fabricatixx, Xitts Nevada, Har, Har Pitt and/or Syracuse to any person or entity prior to their execution of this Mutual Release. Oxford, Pitts Texas, Fabricatixx, Xitts Nevada, Xxx, Har Pitt and Syracuse represent that they have not assigned, in whole or in part, any claim, demand and/or causes of action against American or Dror to any person or entity prior to their execution of this Mutual Release.
