Assignments and Participations; Information. Borrower hereby consents to Lender's grant of participations in or sale, assignment, transfer or other disposition, at any time and from time to time hereafter, of this Agreement or any Related Agreement, or of any portion of any thereof, including without limitation Lender's rights, titles, interests, remedies, powers and/or duties. Lender may furnish any information concerning Borrower in the possession of Lender from time to time to assignees of the rights and/or obligations of Lender hereunder and to Participants in any Loan (including prospective assignees and Participants) and may furnish information in response to credit inquiries consistent with general banking practice. Lender shall promptly notify Borrower of Lender's grant of any participation in or sale, assignment, transfer or other disposition of this Agreement or any Related Agreement, or of any portion of any thereof. Borrower shall use its reasonable efforts to assist Lender in its efforts to sell assignments and participations.
Assignments and Participations; Information. (a) This Agreement may not be assigned by Borrower without the prior written consent of Agent and Lenders. Whenever in this Agreement reference is made to any of the parties hereto, such reference shall be deemed to include, wherever applicable, a reference to the successors and permitted assigns of Borrower and the successors and assigns of Agent and each Lender.
Assignments and Participations; Information. (a) The Borrower may not assign its rights or obligations hereunder or under the Promissory Notes without the prior consent of KfW.
Assignments and Participations; Information. 44 11.10 Severability.....................................................44 11.11 Successors.......................................................44 11.12 Construction.....................................................44 11.13
Assignments and Participations; Information. The Lender may (without the Borrower's consent) grant participations in or sell, assign, transfer or otherwise dispose of, at any time and from time to time hereafter, the Lender's rights, titles, interests, remedies, powers and/or duties this Agreement or any other Loan Document, or of any portion of any thereof, (each Person to whom such participation is to be made being herein referred to as a "Participant" and each Person to whom such assignment, transfer or disposition is to be made being herein referred to as an "Assignee"). The Lender may furnish any information concerning the Borrower in the possession of the Lender from time to time to assignees of the rights and/or obligations of the Lender hereunder and to participants in any Revolving Loan or Letter of Credit (including prospective assignees and participants). The Lender may furnish information in response to credit inquiries consistent with general banking practice. The Lender shall promptly notify the Borrower of the Lender's grant of any participation in or sale, assignment, transfer or other disposition of this Agreement or any other Loan Document, or of any portion of any thereof. The Borrower shall use its reasonable efforts to assist each Lender in its efforts to sell assignments and participations.
Assignments and Participations; Information. Each Lender may (without the Borrower's consent) grant participations in or (subject to the consent of the Borrower, which consent shall not be unreasonably withheld) sell, assign, transfer or otherwise dispose of, at any time and from time to time hereafter, such Lender's rights, titles, interests, Notwithstanding anything in the foregoing to the contrary, (1) no Participant shall have any direct rights hereunder, (2) the Borrower, the Agent, the Co-Agent, the Issuing Lender and the Lenders, other than the assigning or selling Lender, shall deal solely with the assigning or selling Lender and shall not be obligated to extend any rights or make any payment to, or seek any consent of, the Participant, (3) no participation shall relieve the assigning or selling Lender of any of its other obligations hereunder and such Lender shall remain solely responsible for the performance thereof, and (4) no Participant, other than an affiliate of the assigning or selling Lender, shall be entitled to require such Lender to take or omit to take any action hereunder, except that such Lender may agree with such Participant that such Lender will not, without Participant's consent, take any action which would adversely affect any principal, interest or fee in which the Participant has an ownership or beneficial interest including, without limitation, extending the due date for, or reducing the amount of, or waiving, any payment or prepayment of principal or
Assignments and Participations; Information. Lender may, with the written consent of Holdings at all times other than during the existence of an Event of Default, which consent shall not be unreasonably withheld, at any time assign to one or more other commercial banks or financial institutions (provided that no consent shall be required in the case of an assignment to any commercial bank or commercial finance company which is a subsidiary of BankAmerica Corporation), all or any ratable part of this Agreement and the Related Agreement, or of any portion of any thereof, including without limitation Lender's rights, titles, interests, remedies, powers and/or duties. Lender may furnish any information concerning the Loan Parties in the possession of Lender from time to time to assignees of the rights and/or obligations of Lender hereunder and to participants in any Loan (including prospective assignees and participants) and may furnish information in response to credit inquiries consistent with general banking practice. Lender shall promptly notify Holdings of Lender's grant of any assignment of this Agreement or any Related Agreement, or of any portion of any thereof. Lender may at any time sell to one or more commercial banks or financial institutions (a "Participant") participating interests in any portion of this Agreement and the Related Agreements; provided, however, that (i) Lender's obligations under this Agreement and the Related Agreements shall remain unchanged, (ii) Lender shall remain solely responsible for the performance of such obligations, (iii) the Loan Parties shall continue to deal solely and directly with Lender in connection with this Agreement and the Related Agreements, and (iv) Lender shall not grant any participating interest under which a Participant has any rights to approve any amendment to, or any consent or waiver with respect to, this Agreement or any Related Agreement except for amendments, consents or waivers relating to (a) increases in or extensions of the Credit, (b) a postponement or delay in any date fixed for payment of principal, interest, fees or other amounts due, (c) a reduction in the principal of, or the rate of interest on, any Loan, any fees or any other amounts payable, or (d) any release of any Obligor or of any material portion of the Collateral.
Assignments and Participations; Information. Borrower hereby consents to Lender's grant of participations in or sale, assignment, transfer or other disposition, at any time and from time to time hereafter, of this Agreement or any Related Agreement, or of any portion of any thereof, including without limitation Lender's rights, titles, interests, remedies, powers and/or duties. Lender may furnish any information concerning Borrower in the possession of Lender from time to time to assignees of the rights and/or obligations of Lender hereunder and to participants in any Loan (including prospective assignees and participants) and may furnish information in response to credit inquiries consistent with general banking practice. Lender shall promptly notify Borrower of Lender's grant of any participation in or sale, assignment, transfer or other disposition of this Agreement or any Related Agreement, or of any portion of any thereof. Borrower shall use its best efforts to assist Lender in its efforts to sell assignments and participations.
Assignments and Participations; Information. Borrower hereby consents to Lender's grant of participations in or sale, assignment, transfer or other disposition, at any time and from time to time hereafter, of this Agreement or any Related Agreement, or of any portion of any thereof, including, without limitation, Lender's rights, titles, interests, remedies, powers and/or duties. Lender may furnish any information concerning Borrower in the possession of Lender from time to time to assignees of the rights and/or obligations of Lender hereunder and to participants in any Loan (including prospective assignees and participants) and may furnish information in response to credit inquiries consistent with general banking practice. Lender shall promptly notify Borrower
Assignments and Participations; Information
