Common use of Assignments by Lender Clause in Contracts

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, Indemnitor, sell, assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the Indenture, and each such entity or entities shall have the right to enforce the provisions of this Agreement and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement and any of the other Loan Documents as to so much of the Loan that Lender has not sold, assigned or transferred. Lender shall give notice to Indemnitor of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity or effect of the assignment or Indemnitor's obligations hereunder. (b) In particular, Indemnitor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this Agreement and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placement, (ii) grant participation interests in the Loan, to one or more investors in a rated or unrated public offering or private placement, (iii) deposit this Agreement and each of the other Loan Documents with a trust, .which trust may sell certificates to investors evidencing an ownership in the trust assets in a rated or unrated public offering or private placement, or (iv) otherwise sell the Loan or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction").

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, IndemnitorGuarantor, sell, assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the IndentureSecurity Instrument, and each such entity or entities shall have the right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as to so much of the Loan that Lender has not sold, assigned or transferred. Lender shall give notice to Indemnitor Guarantor of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity or effect of the assignment or Indemnitor's Guarantor’s obligations hereunder. (b) . In particular, Indemnitor Guarantor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this Agreement Guaranty and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placement, (ii) grant participation interests in the Loan, to one or more investors in a rated or unrated public offering or private placement, (iii) deposit this Agreement Guaranty and each of the other Loan Documents with a trust, .which which trust may sell certificates to investors evidencing an ownership in the trust assets in a rated or unrated public offering or private placement, or (iv) otherwise sell the Loan or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction")placement.

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, IndemnitorGuarantors, sell, assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the IndentureSecurity Instrument, and each such entity or entities shall have the right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as to so much of the Loan that Lender has not sold, assigned or transferred. Lender shall give notice to Indemnitor Guarantors of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity or effect of the assignment or Indemnitor's Guarantors’ obligations hereunder. (b) . In particular, Indemnitor acknowledges Guarantors acknowledge and agrees agree that Lender and its successors and assigns may (i) sell the Loan, this Agreement Guaranty and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placement, (ii) grant participation interests in the Loan, to one or more investors in a rated or unrated public offering or private placement, (iii) deposit this Agreement Guaranty and each of the other Loan Documents with a trust, .which which trust may sell certificates to investors evidencing an ownership in the trust assets in a rated or unrated public offering or private placement, or (iv) otherwise sell the Loan or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction")placement.

Assignments by Lender. (a) Lender may at its sole cost and expensemay, without notice to, or consent of, IndemnitorIndemnitors, sell, sell assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the Indenturehereby, and each such entity or entities shall have the right to enforce the provisions of this Agreement and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement and any of the other Loan Documents as to so much of the Loan indebtedness secured hereby that Lender has not sold, assigned or transferred. In connection with the foregoing, Lender shall give notice have the right to Indemnitor disclose to any such actual or potential purchaser, assignee, transferee or participant all financial records, information, reports, financial statements and documents obtained in connection with this Agreement and any of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity other Loan Documents or effect of the assignment or Indemnitor's obligations hereunderotherwise. (b) In particular, Indemnitor acknowledges Indemnitors acknowledge and agrees agree that Lender and its successors and assigns may (i) sell the Loanindebtedness secured hereby, this Agreement and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placementloan, (ii) grant participation interests participate the indebtedness secured hereby, in the Loanwhole or in part, to one or more investors in a rated or unrated public offering or private placementinvestors, (iii) deposit this Agreement and each of the other Loan Documents with a trust, .which which trust may sell certificates to investors evidencing an ownership interest in the trust assets in a rated or unrated public offering or private placementassets, or (iv) otherwise sell the Loan indebtedness secured hereby or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "“Secondary Market Transaction"”). In this regard, Indemnitors shall make available to Lender all information concerning its business and operations that Lender may reasonably request. Lender shall be permitted to share such information with the investment banking firms, rating agencies, accounting firms, law firms, and other third-party advisory firms involved with the indebtedness secured hereby and the Loan Documents of the applicable Secondary Market Transaction. It is understood that the information provided by Indemnitors to Lender may ultimately be incorporated into the offering documents for a Secondary Market Transaction and thus various investors may also have access to some or all of such information. Lender and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Indemnitors. Indemnitors shall execute and deliver to Lender and/or the prospective transferee such documentation, including but not limited to, any amendments, corrections, deletions or additions to the Note, this Agreement and the other Loan Documents as is required by Lender and/or the prospective transferee; provided however, that Indemnitors shall not be required to do anything that has the effect of (a) changing the essential economic terms of the indebtedness secured hereby as set forth in the Loan Documents; or (b) imposing greater personal liability in connection with the indebtedness secured hereby than that currently set forth in the Loan Documents.

Assignments by Lender. (a) Lender may at its sole cost and expensemay, without notice to, or consent of, Indemnitor, sell, sell assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the Indenturehereby, and each such entity or entities shall have the right to enforce the provisions of this Agreement and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement and any of the other Loan Documents as to so much of the Loan indebtedness secured hereby that Lender has not sold, assigned or transferred. In connection with the foregoing, Lender shall give notice have the right to Indemnitor disclose to any such actual or potential purchaser, assignee, transferee or participant all financial records, information, reports, financial statements and documents obtained in connection with this Agreement and any of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity other Loan Documents or effect of the assignment or Indemnitor's obligations hereunderotherwise. (b) In particular, Indemnitor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loanindebtedness secured hereby, this Agreement and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placementloan, (ii) grant participation interests participate the indebtedness secured hereby, in the Loanwhole or in part, to one or more investors in a rated or unrated public offering or private placementinvestors, (iii) deposit this Agreement and each of the other Loan Documents with a trust, .which which trust may sell certificates to investors evidencing an ownership interest in the trust assets in a rated or unrated public offering or private placementassets, or (iv) otherwise sell the Loan indebtedness secured hereby or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "“Secondary Market Transaction"”). In this regard, Indemnitor shall make available to Lender all information concerning its business and operations that Lender may reasonably request. Lender shall be permitted to share such information with the investment banking firms, rating agencies, accounting firms, law firms, and other third-party advisory firms involved with the indebtedness secured hereby and the Loan Documents of the applicable Secondary Market Transaction. It is understood that the information provided by Indemnitor to Lender may ultimately be incorporated into the offering documents for a Secondary Market Transaction and thus various investors may also have access to some or all of such information. Lender and all of the aforesaid third-party advisors and professional firms shall be entitled to rely on the information supplied by, or on behalf of, Indemnitor. Indemnitor shall execute and deliver to Lender and/or the prospective transferee such documentation, including but not limited to, any amendments, corrections, deletions or additions to the Note, this Agreement and the other Loan Documents as is required by Lender and/or the prospective transferee; provided however, that Indemnitor shall not be required to do anything that has the effect of (a) changing the essential economic terms of the indebtedness secured hereby as set forth in the Loan Documents; or (b) imposing greater personal liability in connection with the indebtedness secured hereby than that currently set forth in the Loan Documents.

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, Indemnitorany Guarantor, sell, assign or transfer to or participate with any entity or entities all or any part of the indebtedness evidenced by the Note and secured by the IndentureSecurity Instruments, and each such entity or entities shall have the right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as fully as Lender, provided that Lender shall continue to have the unimpaired right to enforce the provisions of this Agreement Guaranty and any of the other Loan Documents as to so much of the Loan that Lender has not sold, assigned or transferred. Lender shall give notice to Indemnitor Guarantor of the name, address, telephone number and contact person of any assignee of Lender within a reasonable period of time after the effective date of the assignment, provided, that failure to provide such notice shall in no way affect the validity or effect of the assignment or Indemnitor's any Guarantor’s obligations hereunder. (b) . In particularparticular and not in limitation of any other terms herein or in the Loan Agreement, Indemnitor each Guarantor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this Agreement Guaranty and each of the other Loan Documents to one or more investors as a whole loan in a rated or unrated public offering or private placement, (ii) grant participation interests in the Loan, to one or more investors in a rated or unrated public offering or private placement, (iii) deposit this Agreement Guaranty and each of the other Loan Documents with a trust, .which which trust may sell certificates to investors evidencing an ownership in the trust assets in a rated or unrated public offering or private placement, or (iv) otherwise sell the Loan or any interest therein to investors in a rated or unrated public offering or private placement (the transactions referred to in clauses (i) through (iv) are hereinafter each referred to as a "Secondary Market Transaction")placement.