Assignment by the Owner. The Owner shall have the right, without the consent of the Servicer hereof, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Owner hereunder, by executing an assignment and assumption agreement reasonably acceptable to the Servicer and the assignee or designee shall accede to the rights and obligations hereunder of the Owner with respect to such Mortgage Loans. In no event shall Owner sell a partial interest in any Mortgage Loan. All references to the Owner in this Agreement shall be deemed to include its assignees or designees. It is understood and agreed between the Owners and the Servicer that no more than five (5) Persons shall have the right of owner under this Agreement at any one time.
Assignment by the Owner. The Owner may assign any part or all of such Owner's retained interest in the Policy or in this Agreement to any person, entity or trust; provided that such assignment shall be effective only if (i) the new Owner-assignee agrees in writing to be bound by the terms of this Agreement, and (ii) the assigning Owner provides written notice to the Assignee of such assignment (identifying the name, address and telephone number of such new Owner-Assignee).
Assignment by the Owner. The Owner shall have the right, with the consent of the NIMs Insurer, without the consent of the Servicer but subject to the limits set forth in this Agreement hereof, to assign its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Owner hereunder and the assignee or designee shall accede to the rights and obligations hereunder of the Owner with respect to such Mortgage Loans. The Servicer shall not be obligated to recognize any such assignee or designee unless such person executes an assignment and assumption agreement reasonably acceptable to the Servicer. All references to the Owner in this Agreement shall be deemed to include its assignees or designees.
Assignment by the Owner. The Owner shall have the right, without the consent of the Servicer but subject to the limits set forth in Section 5.4 hereof, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Owner hereunder, by executing an assignment and assumption agreement in a form acceptable to the Servicer and the assignee or designee shall accede to the rights and obligations hereunder of the Owner with respect to such Mortgage Loans.
Assignment by the Owner. Subject to Section 2.03, the Owner shall have the right, without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans and/or REO Properties, and designate any Person to exercise any rights of the Owner hereunder, and the assignee or designee shall accede to the rights, and shall assume all of obligations hereunder, of the Owner with respect to such Mortgage Loans and the REO Properties, including, without limitation the obligation to reimburse the Servicer for any Servicing Advances, with respect to the period following the date of assignment. All references to the Owner in this Agreement shall be deemed to include its assignee or designee.
Assignment by the Owner. The Owner shall notify the Contractor of the name and address of any purchaser of the property on which the system is located. The Owner shall also notify any purchaser of the property on which the system is located of the existence of this Agreement and shall assign all rights and duties under this Agreement to said purchaser.
Assignment by the Owner. The Owner shall have the right, without the consent of the Servicer but subject to the limits set forth in this Agreement hereof, to assign its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Owner hereunder and the assignee or designee shall accede to the rights and obligations hereunder of the Owner with respect to such Mortgage Loans. The Servicer shall not be obligated to recognize any such assignee or designee unless such person executes an assignment and assumption agreement reasonably acceptable to the Servicer. All references to the Owner in this Agreement shall be deemed to include its assignees or designees. The parties hereto contemplate that the Owner shall assign its interest under this Agreement with respect to the Mortgage Loans to the Issuer, pursuant to that certain Assignment, Assumption and Recognition Agreement, dated as of August 30, 2005, among the Owner, the Servicer and the Issuer.
Assignment by the Owner. The Operator may terminate this Agreement without penalty upon the giving of 10 days notice if (a) the assignment of this Agreement is attempted or (b) a contract to sell the Facility is executed between the Owner and a third party.
Assignment by the Owner. The Owner shall have the right to grant a collateral assignment of the Owner's rights and/or obligations under this Agreement to the lenders under the applicable financing documents and the Provider agrees to enter into a consent and agreement with the lenders under such financing documents as to matters of a type customarily dealt with in a consent to an assignment for security purposes of an owner's interest in a maintenance service agreement as the lenders under such financing documents may reasonably request. Page 29 of 106 The Owner shall have the right to assign this Agreement or all or a portion of its rights and obligations hereunder at any time without the Provider's consent to an assignee that is (i) a wholly owned subsidiary or Affiliate of the Owner, or (ii) a successor to substantially all of the assets of the Owner by way of merger, consolidation or sale of assets, provided that in the case of such assignment pursuant to this Sub-Article 26(B), such assignee shall assume in writing all warranties, representations and obligations of the Owner under this Agreement and, in the event such assignee is a wholly owned subsidiary or Affiliate of the Owner, the Owner shall guarantee in writing, or procure such guarantee , in form and substance satisfactory to the Provider, the performance of such assignee. The Owner shall give the Provider prompt written of such assignment.
Assignment by the Owner. The Owner shall have the right, without the consent of the Servicer, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans and/or REO Property, and designate any Person to exercise any rights of the Owner hereunder, and the assignee or designee shall accede to the rights, and shall assume all of obligations hereunder, of the Owner with respect to such Mortgage Loans and the REO Property, including, without limitation the obligation to reimburse the Servicer for any Servicing Advances. All references to the Owner in this Agreement shall be deemed to include its assignee or designee. In the event the Owner assigns this Agreement, and the assignee assumes any of the Owner’s obligations hereunder, the Servicer acknowledges and agrees to look solely to such assignee, and not to the Owner, for performance of the obligations so assumed and the Owner shall be relieved from any liability to the Servicer with respect thereto.
