Assignment of Loan. Lender may sell, transfer and deliver the Loan Documents to one or more assignees, and may retain or assign responsibility for servicing the Loan or delegate some or all of such responsibility and/or obligations to one or more servicers on behalf of the investors. All references to Lender herein shall include any servicers, as applicable.
Assignment of Loan. The Trust Depositor may cause the Lenders to assign the Loan to the Trust Depositor or a third party designated by the Trust Depositor at a price to be calculated by the Agent to be the market value of the Loan as of the date of transfer ("Transfer Date"). If the Trust Depositor elects that the Loan be transferred in the manner described in this paragraph, the Trust Depositor shall furnish notice of such election, including the party to whom the transfer of the Loan is to be made and the proposed Transfer Date, to the Agent no less than 25 days (or such lesser number of days as shall be satisfactory to the Agent) prior to such Transfer Date (and the Lenders shall enter into an Assignment Agreement in the form of Exhibit A pursuant to which such assignee Lender has agreed in writing to assume the rights and obligations of the assignor Lenders (to the extent of such Assignment).
Assignment of Loan. The Lender may not assign or otherwise transfer this loan to any party other than AgriBank, FCB and its successors (the “Bank”), whether absolutely or as collateral security and whether in the ordinary course of business or otherwise, without the express written consent of the Bank. If this loan is assigned or otherwise transferred to the Bank or another institution chartered pursuant to the provisions of the Farm Credit Act of 1971, as amended, (“Act”) the interest rate hereunder may be established by such institution in accordance with the provisions of this document. If this loan is assigned or transferred to a party not chartered under the Act, notwithstanding any contrary provision in this document, in the absence of maturity or acceleration the following apply:
Assignment of Loan. Lender shall have the unrestricted right at any time or from time to time, and without Borrower’s consent, to assign all or any portion of its rights and obligations hereunder to one or more banks or other financial institutions (each, an “Assignee”), and Borrower agrees that it shall execute, or cause to be executed, such documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as Lender shall deem necessary to effect the foregoing. In addition, at the request of Lender and any such Assignee, Borrower shall issue one or more new promissory notes, as applicable, to any such Assignee and, if Lender has retained any of its rights and obligations hereunder following such assignment, to Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the promissory note held by Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and Lender after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by Lender in connection with such assignment, and the payment by Assignee of the purchase price agreed to by Lender, and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by Lender pursuant to the assignment documentation between Lender and such Assignee, and Lender shall be released from its obligations hereunder and thereunder to a corresponding extent. Borrower may furnish any information concerning Borrower in its possession from time to time to prospective Assignees, provided that Lender shall require any such prospective Assignees to agree in writing to maintain the confidentiality of such information. The execution and delivery of appropriate assignment documentation, including amendments and replacement promissory notes, and the reasonable attorney’s fees of Borrower’s counsel in reviewing such assignment documentation, shall be at Lender’s cost and expense.
Assignment of Loan. Lender may assign its rights and delegate its obligations under this Agreement or any of the other Loan Documents and further may assign, or sell participations in, all or any part of the Loan, the Loan Documents, or any other interest herein or in the Note to any person or entity, all without notice to or the consent of Borrower or any co-makers or guarantors. To the extent of any such assignment, Lender shall be relieved of its obligations with respect to the Loan and the assignee shall have the same rights, benefits and obligations as it would if it were Lender hereunder and a holder of the Note. Without the consent of or notice to Borrower, Lender may furnish any information (including, without limitation, financial information) concerning the Loan, the collateral for the Loan, or Borrower, any Affiliates, and any of their assets to third parties from time to time for legitimate business purposes.
Assignment of Loan. Assignor hereby assigns all of his rights, title, and interest under the Loan to Assignee.
Assignment of Loan. The Borrower assigns this Agreement or any money advanced hereunder without the prior written consent of the Participating Lenders, or the Borrower sells, transfers, conveys, leases, encumbers, or in any other way exchanges the Property, or interests in the Borrower in violation of the transfer restrictions set forth in the Affordable Housing Restriction.
Assignment of Loan. Seller shall execute an assignment of the Loan to Buyer (in a form substantially similar to Exhibit “D”) on the Closing Date. In addition, Seller shall deliver to Buyer original loan files, including all of the Seller’s Loan Documents. Seller shall also execute an allonge to the Note (and any renewal or modification notes) from the Loan in a form substantially similar to Exhibit “C”. Seller shall also execute a ‘goodbye’ letter to the Borrower stating that the loan was assigned, that payments should now be made to Buyer and including Buyer’s contact information. Seller shall also execute (and/or instruct its counsel to execute) any necessary documents to transfer any rights in any litigation and legal documents connected with the Loan (whether filed or not) to Buyer including, but not limited to, documents prepare by Xxxxxxx, Xxxxxxx and Xxxx, PA.. Seller shall also cooperate, at Buyer’s expense, as necessary to facilitate Buyer’s enforcement of loan in litigation or otherwise including, but not limited to, executing an affidavit of indebtedness for the Loan stating the mortgagor/debtor’s current status with the particularity necessary to file a summary judgment in any litigation on any of the Loan. This obligation shall survive closing and shall be a continuing obligation as necessary for Buyer to enforce the Loan in a court of competent jurisdiction against the borrower. Seller shall provide any necessary documents, affidavits or testimony as Buyer reasonably requires post-closing to enforce any rights in the Loan, all at Buyer’s expense. These obligations shall survive Closing under this Agreement.
Assignment of Loan. Borrrower and Guarantor recognize and acknowledge that Xxxxxx Brothers Realty Corporation intends to promptly assign its interest in the Loan and all Loan Documents to Xxxxxx Brothers Holdings, Inc., a Delaware corporation, d/b/a Xxxxxx Capital, a Division of Xxxxxx Brothers Holdings, Inc. and, upon such transfer, all rights, remedies and obligations of Xxxxxx Brothers Realty Corporation hereunder shall become the sole rights, remedies and obligations of Xxxxxx Brothers Holdings, Inc. Although consent to the foregoing is unnecessary, Borrower and Guarantor formally hereby consent thereto.
Assignment of Loan. At any time after the Funding Date of Loan ------------------ B and subject to satisfaction of the conditions set forth in this Section 5.01(b), the Lender may assign, convey or otherwise transfer to any Affiliate of Lender or to a single institutional investor or an Affiliate of an institutional investor all (but not less than all) of the Loan, provided that (i) the Lender -------- gives the Borrower at least 10 days' notice of such assignment, conveyance or other transfer, and (ii) the transferee shall make a representation to the effect that the funds to be used by the transferee to acquire the Loan do not constitute the assets of an ERISA Plan. No assignment, conveyance or transfer by the Lender of the Loan shall increase the amount of the liability of the Borrower hereunder or under any other Operative Agreements over the amount of liability the Borrower would have incurred had such assignment, conveyance or transfer not occurred.
