Assignment of Documents. Borrower assigns to Lender, as further security and to facilitate Xxxxxx’s completion of the Work if Borrower defaults and if Lender elects to complete the Work, and Borrower has provided true copies to Lender of, the Construction Contract, Plans, Permits, licenses, approvals, architects and engineers’ plans and specifications, drawings, Surveys, and all other contracts, agreements, leases, and other instruments of every kind to which Borrower is a party or in which Borrower has rights with respect to the Property. Lender is not obligated to perform any of Borrower’s obligations under such instruments but may elect to do so. Lender may require Borrower to sign other documents to ensure that the assignments are valid and effective.
Assignment of Documents. Collectively, each Collateral Assignment of Documents executed by the Borrower and/or a Subsidiary Guarantor, respectively, in favor of the Agent, such assignment to be in the form of Exhibit J attached hereto with such changes as Agent may reasonably require as a result of state law or factors relating to the applicable Borrowing Base Loan.
Assignment of Documents. Collectively, each Collateral Assignment of Documents executed by the Borrower and/or a Subsidiary Guarantor, respectively, in favor of the Agent, such assignments delivered on or after the date of this Agreement to be in substantially the form of the Assignment of Documents delivered as of the date of the Existing Credit Agreement with such changes as Agent may reasonably require as a result of state law or factors relating to the applicable Borrowing Base Loan or Mezzanine Loan.
Assignment of Documents. A. As security for the payment and performance of the Secured Obligations, Borrower hereby grants, conveys, assigns and transfers to Lender the Project Documents, and all rights of Borrower thereunder, together with the immediate and continuing right to collect and receive all sums which are now or hereafter due to Borrower thereunder or in connection therewith, and all of Borrower's rights to receive the proceeds of any insurance, indemnity, warranty or guaranty with respect to any of the Project Documents. The parties expressly acknowledge and agree that Lender does not hereby assume any of Borrower's obligations with respect to any of the Project Documents, including, without limitation, any obligation to pay for any work done pursuant thereto, unless Lender expressly assumes such obligations in accordance with Section 4.1(B). At -------------- Lender's request from time to time, Borrower shall deliver copies of the Project Documents to Lender.
B. Lender shall not exercise its rights under this Section 4.1 until ----------- the occurrence of an Event of Default. Upon the occurrence of an Event of Default under any of the Loan Documents, Lender may, at its option in its sole discretion and without any obligation, exercise any or all of its rights and remedies under Section 8.4 and/or upon written notice to Borrower and the other ----------- parties to any or all of the Project Documents, exercise or enforce any or all of the rights and remedies granted to Borrower under such Project Documents as if Lender had been a party to or recipient of such Project Documents (and Borrower hereby irrevocably constitutes and appoints Lender as its attorney-in-fact, which power is coupled with an interest, to do so). Upon giving such notice Lender may elect to assume all of the obligations of Borrower thereafter accruing under any or all of the Project Documents; provided that in no event shall Lender be responsible for any default by Borrower or any other party occurring prior to any election by Lender to assume such obligations.
C. The acceptance by Lender of the assignment contained in this Section 4.1 and the rights granted to Lender hereunder and under Section 8.4 ----------- ----------- shall not, prior to Lender's assumption of the obligations under the Project Documents as provided in Section 4.1(B), obligate Lender to assume any -------------- obligations or liability under the Project Documents, to expend any money or incur any expense in connection with the ...
Assignment of Documents. Upon receipt of the Purchase Price from Purchaser, Seller hereby sells, transfers and assigns to Purchaser the Loans, and the Loan Documents.
Assignment of Documents. A. As security for the payment and performance of the Secured Obligations, Borrower hereby grants, conveys, assigns and transfers to Lender the Project Documents, and all rights of Borrower thereunder, together with the immediate and continuing right to collect and receive all sums which are now or hereafter due to Borrower thereunder or in connection therewith, and all of Borrower's rights to receive the proceeds of any insurance, indemnity, warranty or guaranty with respect to any of the Project Documents. The parties expressly acknowledge and agree that Lender does not hereby assume any of Borrower's obligations with respect to any of the Project Documents, including, without limitation, any obligation to pay for any work done pursuant thereto, unless Lender expressly assumes such obligations in accordance with SECTION 4.1
Assignment of Documents. The Borrower's obligations under this Agreement shall be secured by the Assignment of Documents, in a form to be provided by the County, to be executed by the Borrower pursuant to this Section. The Assignment of Documents shall become effective upon an uncured Event of Default as defined in Section 6.1
Assignment of Documents. Subject to the rights of Senior Lenders, the County may exercise all rights under the Assignment of Documents executed in connection with the Loan Documents. Subject to the rights of Senior Lenders, the Borrower shall promptly deliver to the County copies of all plans and specifications for the Development, all permits and approvals obtained in connection with the Development, and all applications for permits and approvals not yet obtained but needed in connection with the Development
Assignment of Documents. Execute and cause each of BNL, CCM and CMCI to execute and deliver, an Assignment of Servicing Agreements, substantially in the form of Exhibit F hereto (herein, as the same may be amended or modified, called the "Service Assignment") of such party in favor of the Administrative Agent for the benefit of the Banks.
Assignment of Documents. If this Agreement is terminated for any reason other than a default by the County as set forth in Section 5.02.B above or a termination by Developer pursuant to Section 11.20 below, Developer shall deliver to the County, without charge and without warranty as to the accuracy thereof, copies of the results of any and all studies and tests obtained or prepared by Developer or its agents, consultants, employees or designees pertaining to the Project, and Developer shall assign (or cause to be assigned) to the County, free from any liens or claims for payment, all of Developer’s and its agents’, employees’ or designees’, right, title, interest in and to all such studies and tests and reports related thereto developed or prepared by Developer or its agents, consultants, employees, or designees. The County shall be free to use such studies and tests for any purpose whatsoever relating to the Project, without cost or liability therefore to Developer, and, in furtherance thereof, the County shall indemnify, defend and hold Developer harmless from any and all loss, cost, damage or expense arising from the County’s use of such studies and tests for such purposes. This requirement of delivery without cost shall not apply to any completed or partially completed plans, specifications, or drawings related to the design and construction of any Phase of the Project.
