Common use of Assignments and Participations in Loan and Note Clause in Contracts

Assignments and Participations in Loan and Note. Lender shall not, without the prior written consent of Borrower, which shall not unreasonably be withheld, conditioned or delayed, assign its rights and delegate its obligations under this Agreement or any of the other Loan Documents and/or the Environmental Indemnity or assign, or sell the Loan until the earliest to occur (i) an Event of Default has occurred under Section 7.1(A)(i) or 7.1(A)(v) hereof, (ii) Lender is required to do so by applicable Laws or any Governmental Agency; or (iii) January 1, 2006; provided, however, that the foregoing shall not limit Lender’s rights to sell participations in the Loan, the Loan Documents and/or the Environmental Indemnity. To the extent of any permitted 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. Lender may furnish any information (including, without limitation, financial information) concerning the Collateral, Borrower, the Principal Parties and any of their assets to Governmental Agencies, and to its accountants and lawyers for legitimate business purposes.

Assignments and Participations in Loan and Note. Lender shall not, without the prior written consent of Borrower, which shall not unreasonably be withheld, conditioned or delayed, assign its rights and delegate its obligations under this Agreement or any of the other Loan Documents and/or the Environmental Indemnity or assign, or sell the Loan until the earliest to occur (i) an Event of Default has occurred under Section 7.1(A)(i) or 7.1(A)(v) hereof, (ii) Lender is required to do so by applicable Laws or any Governmental Agency; or (iii) January 1, 2006; provided, however, that the foregoing shall not limit Lender’s rights to sell participations in the Loan, the Loan Documents and/or the Environmental Indemnity. To the extent of any permitted 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. Lender may furnish any information (including, without limitation, financial information) concerning the Collateral, Borrower, the Principal Parties Borrower Affiliates and any of their assets to Governmental Agencies, and to its accountants and lawyers for legitimate business purposes.