Common use of Assignment of Liabilities Clause in Contracts

Assignment of Liabilities. The Lender may, from time to time, whether before or after any discontinuance of this Guaranty, without notice to Guarantor, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purposes of this Guaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty to the same extent as if such assignee or transferee were the Lender; provided, however, that, unless the Lender shall otherwise consent in writing, the Lender shall have an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guaranty, for the benefit of the Lender, as to those of the Liabilities which the Lender has not assigned or transferred.

Appears in 3 contracts

Samples: Guaranty Agreement (Adcare Health Systems, Inc), Guaranty Agreement (Adcare Health Systems, Inc), Guaranty Agreement (Adcare Health Systems Inc)

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Assignment of Liabilities. The Lender Seller may, from time to time, whether before or after any discontinuance of this Guaranty, without notice to Guarantorthe Guarantors, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and will remain Liabilities for the purposes of this Guaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shallwill, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty to the same extent as if such assignee or transferee were the LenderSeller; provided, however, that, unless the Lender shall Seller otherwise consent consents in writing, the Lender shall have Seller has an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guaranty, for the benefit of the LenderSeller, as to those of the Liabilities which the Lender Seller has not assigned or transferred.

Appears in 3 contracts

Samples: Guaranty (Brookdale Living Communities Inc), Brookdale Living Communities Inc, Brookdale Living Communities Inc

Assignment of Liabilities. The Lender Bank may, from time to time, whether before or after any discontinuance of this Guaranty, without notice to Guarantorthe Guarantors, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and will remain Liabilities for the purposes of this Guaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shallwill, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty to the same extent as if such assignee or transferee were the LenderBank; providedPROVIDED, howeverHOWEVER, that, unless the Lender shall Bank otherwise consent consents in writing, the Lender shall have Bank has an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guaranty, for the benefit of the LenderBank, as to those of the Liabilities which the Lender Bank has not assigned or transferred.

Appears in 1 contract

Samples: Multicurrency Credit Agreement (Middleby Corp)

Assignment of Liabilities. The Lender may, from time to time, whether before or after any discontinuance of this Guaranty, without notice to the Guarantor, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and will remain Liabilities for the purposes of this Guaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shallwill, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty to the same extent as if such assignee or transferee were the Lender; , provided, however, that, unless the Lender shall otherwise consent consents in writing, the Lender shall have has an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guaranty, for the benefit of the Lender, as to those of the Liabilities which the Lender has not assigned or transferred.

Appears in 1 contract

Samples: Wynn Resorts LTD

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Assignment of Liabilities. The Lender Bank may, from time to time, whether before or after any discontinuance of this Guarantyguaranty, without notice to Guarantorthe undersigned, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and remain Liabilities for the purposes of this Guarantyguaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shall, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty guaranty to the same extent as if such assignee or transferee were the LenderBank; provided, however, that, unless the Lender Bank shall otherwise consent in writing, the Lender Bank shall have an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guarantyguaranty, for the benefit of the LenderBank, as to those of the Liabilities which the Lender Bank has not assigned or transferred.

Appears in 1 contract

Samples: Credit Agreement (Heartland Financial Usa Inc)

Assignment of Liabilities. The Lender Bank may, from time to time, whether before or after any discontinuance of this Guaranty, without notice to the Guarantor, assign or transfer any or all of the Liabilities or any interest therein; and, notwithstanding any such assignment or transfer or any subsequent assignment or transfer thereof, such Liabilities shall be and will remain Liabilities for the purposes of this Guaranty, and each and every immediate and successive assignee or transferee of any of the Liabilities or of any interest therein shallwill, to the extent of the interest of such assignee or transferee in the Liabilities, be entitled to the benefits of this Guaranty to the same extent as if such assignee or transferee were the LenderBank; provided, however, that, unless the Lender shall Bank otherwise consent consents in writing, the Lender shall have Bank has an unimpaired right, prior and superior to that of any such assignee or transferee, to enforce this Guaranty, for the benefit of the LenderBank, as to those of the Liabilities which the Lender Bank has not assigned or transferred. 12.

Appears in 1 contract

Samples: Greg Manning Auctions Inc

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