Assignment by the Bank. (a) The Bank’s rights under this Lease, including the right to receive and enforce payment of the Lease Payments to be made by the District hereunder, have been assigned to the Assignee under the Assignment Agreement. The District hereby consents to such assignment. The Bank hereby directs the District, and the District hereby agrees, to pay to the Assignee all payments payable by the District under Section 4.4 and all amounts payable by the District under Article IX. Whenever in this Lease any reference is made to the Bank and such reference concerns rights which the Bank has assigned to the Assignee, such reference shall be deemed to refer to the Assignee.
(b) Subject to the approval of Assignee (which approval may be withheld or conditioned in Assignee’s sole discretion), the Bank and the Assignee may make additional assignments of their interests herein, but no such assignment will be effective as against the District unless and until the Bank or the Assignee has filed with the District written notice thereof. The District shall pay all Lease Payments hereunder under the written direction of the Bank or the Assignee named in the most recent assignment or notice of assignment filed with the District. During the Term of this Lease, the District will keep a complete and accurate record of all such notices of assignment.
(c) Any such assignment pursuant to this Section may be in connection with the creation of fractional interests with institutional investors in the Assignee's right, title and interest herein so long as such assignment complies with applicable State law; provided that the District shall not be required to make Lease Payments, to send notices or to otherwise deal with respect to matters arising under this Lease with or to more than one individual or entity and any trust agreement, participation agreement or custodial agreement under which multiple ownership interests in this Lease are created shall provide the method by which the owners of such interests shall establish the rights and duties of a single trustee, owner, servicer or other fiduciary or agent to act on their behalf with respect to the rights and interests of the Assignee under this Lease, including with respect to the exercise of rights and remedies of the Assignee on behalf of such owners upon the occurrence of an Event of Default hereunder.
Assignment by the Bank. The parties hereto agree that all rights of Bank hereunder may be assigned, transferred or otherwise disposed of, either in whole or in part, including without limitation transfer to a trustee pursuant to a trust arrangement under which the trustee issues certificates of participation evidencing undivided interests in this Lease and/or the rights to receive Lease Payments hereunder, provided that notice of any such assignment, transfer or other disposition is given to Lessee.
Assignment by the Bank. The Bank may from time to time assign the Secured Obligations or any portion thereof and/or its Lien on the Pledged Collateral or any portion thereof, and the assignee shall be entitled to all of the rights and remedies of the Bank under this Pledge Agreement in relation thereto.
Assignment by the Bank. The Bank may at any time (following adequate notice being given to the Borrower and the other Security Parties but without the consent of the Borrower), assign, transfer, or offer participation to any other bank or financial institution, in whole or in part, or in any manner dispose of all or any of its rights and/or obligations arising or accruing under this Agreement or any of the other Security Documents or any documents executed pursuant to this Agreement and/or the other Security Documents.
Assignment by the Bank. The Loan Documents, each Note, any Renewal Note and the Loan contemplated thereby, may be placed, participated, assigned and/or serviced by the Bank and/or its successors and assigns, and in connection with any of the foregoing, the Bank may retain a portion of the fees or interest paid on the Notes or may receive servicing, brokerage or other fees from the purchaser or participant. Any such placement, participation, assignment or servicing shall be at the Bank's sole option; and the Bank and its successors and assigns shall have no obligations to disclose to the Borrower the receipt, or contemplated receipt, of any such fees, nor shall the Borrower have any claim or right to the same. The Bank shall have the right to disclose and to provide to any prospective purchaser or participant copies of Loan Documents and financial and other information of or about the Borrower.
Assignment by the Bank. The Bank may at any time assign, transfer or offer participations to any affiliated company of the EFG Group or, with the prior written consent of the Borrower, such consent not to be unreasonably withheld, to other banks or financial institutions in whole or in part, or in any manner dispose of all or any of its rights and/or obligations arising or accruing under this Agreement or under any of the other Security Documents or any documents executed pursuant to this Agreement and/or the other Security Documents. The Bank may disclose to a potential assignee, transferee or participant or to any other person who may propose entering into a contractual relations with the Bank in relation this Agreement such information about the Borrower and the Security Parties as the Bank shall reasonably consider appropriate.
Assignment by the Bank. The Bank may assign, transfer, or offer participation to other banks or financial institutions, in whole or in part, or in any manner dispose of all or any of its rights and/or obligations arising or accruing under this Agreement or any of the other Security Documents or any documents executed pursuant to this Agreement and/or the other Security Documents.
Assignment by the Bank. The Bank may at any time assign or otherwise transfer all or any portion of its rights and obligations as Bank under this Agreement and the other Loan Documents (including, without limitation, the Indebtedness) to any other Person, to the extent permitted by, and upon the conditions contained in, the Credit Agreement and such Person shall thereupon become vested with all the benefits and obligations thereof granted to the Bank herein or otherwise.
Assignment by the Bank. (a) The Bank may, at any time and without the consent of the Borrower freely assign, transfers or in any other manner grants participation in respect of all or any of part of its rights and benefits hereunder and under the Security Documents or freely grant participations in its interest in the Loan to (in any of the foregoing cases) any subsidiary or holding company of the Bank or to any subsidiary of such holding company or to another affiliate of the Bank.
(b) The Bank may, subject to first obtaining the written consent of the Borrower (such consent not to be unreasonably withheld and the request for which shall be promptly responded to by the Borrower), at any time assign all or any of its rights and benefits hereunder and the Security Documents or grant participations in its interest in the Loan to (in any of the foregoing cases) any prime bank(s) with shipping experience.
Assignment by the Bank. The Bank may assign, negotiate, pledge ---------------------- or otherwise hypothecate, or grant participations in, all or any portion of its rights and security hereunder, including, without limitation, the instruments securing the Borrower's obligations hereunder. In case of such assignment, the Borrower shall accord full recognition thereto and agree that all rights and remedies of the Bank in connection with the interest so assigned shall be enforceable against the Borrower by such assignee with the same force and effect and to the same extent as the same would have been enforceable by the Bank, but for such assignment. No such assignment by the Bank, however, will relieve the Bank of its obligations under this Agreement either voluntarily or by operation of law. In connection with any proposed assignment, the Bank may disclose to the proposed assignee any information that the Borrower is required to deliver to the Bank pursuant to this Agreement; provided, however, in the event of any such disclosure, the Bank shall obtain from the proposed assignee appropriate assurances of confidential treatment of the disclosed information.
