Common use of Subsequent Holders Clause in Contracts

Subsequent Holders. This Note is not transferrable, in whole or in part, by its holder, except with the written consent of the Borrower, which consent shall not be unreasonably withheld. In the event that any holder of this Note transfers this Note for value, the Borrower agrees that except with respect to subsequent holders with actual knowledge of a claim or defense, no subsequent holder of this Note shall be subject to any claims or defenses which Borrower may have against a prior holder (which claims or defenses are not waived as to prior holders), all of which are waived as to the subsequent holder, and that all such subsequent holders shall have all of the rights of a holder in due course with respect to the Borrower even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course.

Appears in 6 contracts

Samples: Loan Agreement (White Mountain Titanium Corp), Note (PSM Holdings Inc), PSM Holdings Inc

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Subsequent Holders. This Note is not transferrable, in whole or in part, transferrable by its holder, except with the written consent of the Borrower, which consent shall not be unreasonably withheld. In the event that any holder of this Note transfers this Note for value, the Borrower agrees that except with respect to subsequent holders with actual knowledge of a claim or defense, no subsequent holder of this Note shall be subject to any claims or defenses which Borrower may have against a prior holder (which claims or defenses are not waived as to prior holders), all of which are waived as to the subsequent holder, and that all such subsequent holders shall have all of the rights of a holder in due course with respect to the Borrower even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course.

Appears in 3 contracts

Samples: Loan Agreement (Heatwurx, Inc.), Second Sight Medical Products Inc, Senior Loan Agreement (Heatwurx, Inc.)

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Subsequent Holders. This Note is not transferrable, in whole or in part, transferrable by its holder, except with the written consent of the BorrowerCompany, which consent shall not be unreasonably withheld. In the event that any holder of this Note transfers this Note for value, the Borrower Company agrees that except with respect to subsequent holders with actual knowledge of a claim or defense, no subsequent holder of this Note shall be subject to any claims or defenses which Borrower may have against a prior holder (which claims or defenses are not waived as to prior holders), all of which are waived as to the subsequent holder, and that all such subsequent holders shall have all of the rights of a holder in due course with respect to the Borrower Company even though the subsequent holder may not qualify, under applicable law, absent this paragraph, as a holder in due course.

Appears in 1 contract

Samples: Agreement and Plan of Merger (CST Holding Corp.)

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