Common use of Amendments, etc.; Successors and Assigns Clause in Contracts

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its Loans to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this Guaranty) or otherwise, subject, however, to the provisions of Section 11.10 and Article X of the Credit Agreement.

Appears in 6 contracts

Samples: Guaranty (Wells Timberland REIT, Inc.), Limited Guaranty (Wells Timberland REIT, Inc.), Guaranty (Wells Timberland REIT, Inc.)

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Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its Loans to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this Guaranty) or otherwise, subject, however, to the provisions of Section 11.10 11.11 and Article X of the Credit Agreement.

Appears in 4 contracts

Samples: Guaranty (CatchMark Timber Trust, Inc.), Limited Guaranty (CatchMark Timber Trust, Inc.), Guaranty (CatchMark Timber Trust, Inc.)

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its Loans to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this Guaranty) or otherwise, subject, however, to the provisions of Section 11.10 and Article X of the Credit Agreement.

Appears in 4 contracts

Samples: Guaranty (Wells Timberland REIT, Inc.), Limited Guaranty (Wells Timberland REIT, Inc.), Guaranty (Wells Timberland REIT, Inc.)

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty Agreement nor consent to any departure by the Guarantor Grantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor Grantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor no Grantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its any Loans or Commitments held by it to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this GuarantyAgreement) or otherwise, subject, however, to the provisions of Section 11.10 and Article X 11.11 of the Credit Agreement.

Appears in 2 contracts

Samples: Security Agreement (CatchMark Timber Trust, Inc.), Security Agreement (CatchMark Timber Trust, Inc.)

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty Agreement nor consent to any departure by the Guarantor Grantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor Grantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor no Grantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its any Loans held by it to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this GuarantyAgreement) or otherwise, subject, however, to the provisions of Section 11.10 and Article X 10.10 of the Credit Agreement.

Appears in 2 contracts

Samples: Credit Agreement (Wells Timberland REIT, Inc.), Equity Raise Account Security Agreement (Wells Timberland REIT, Inc.)

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Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty nor consent to any departure by the Guarantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Subordinated Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor may not assign or delegate its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its Loans to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this Guaranty) or otherwise, subject, however, to the provisions of Section 11.10 and Article X of the Subordinated Credit Agreement.

Appears in 1 contract

Samples: Secured Guaranty (Wells Timberland REIT, Inc.)

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty Agreement nor consent to any departure by the Guarantor Grantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor Grantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor no Grantor may not assign its obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its any Loans held by it to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this GuarantyAgreement) or otherwise, subject, however, to the provisions of Section 11.10 and Article X of the Credit Agreement.

Appears in 1 contract

Samples: Security Agreement (Wells Timberland REIT, Inc.)

Amendments, etc.; Successors and Assigns. (a) No amendment to or waiver of any provision of this Guaranty Agreement nor consent to any departure by the Guarantor any Grantor herefrom, shall be effective unless the same shall be in writing and signed by the Administrative Agent and and, if there shall be other Lenders, the percentage of the Lenders as required by Section 10.1 11.1 of the Credit Agreement, and then such amendment, waiver or consent shall be effective only in the specific instance and for the specific purpose for which it is given. (b) This Agreement shall be binding upon the Guarantor each Grantor and its successors, transferees and assignees, and shall inure to the benefit of and be enforceable by the Administrative Agent and each other Lender Party and their respective successors and assigns; provided, however, that the Guarantor no Grantor may not assign its such Grantor’s obligations hereunder without the prior written consent of the Administrative Agent. Without limiting the generality of the foregoing, any Lender may assign or otherwise transfer (in whole or in part) its any Loans held by it to any other Person, and such other Person shall thereupon become vested with all the rights and benefits in respect thereof granted to such Lender under any Loan Document (including this GuarantyAgreement) or otherwise, subject, however, to the provisions of Section 11.10 and Article X of the Credit Agreement.

Appears in 1 contract

Samples: Pledge Agreement (Wells Timberland REIT, Inc.)

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