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, 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 Security Instrument, and each such entity or entities shall have the right to enforce the provisions of this 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 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 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 Guarantor’s obligations hereunder. In particular, Guarantor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this 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 Guaranty 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.

Assignments by Lender. (a) The Lender may at its sole cost and expensemay, without notice to, or consent of, Guarantorthe Borrowers, sell, assign or transfer to or participate with any entity Person or entities Persons all or any part of the indebtedness evidenced by the Note and secured by the Security InstrumentObligations, and each such entity Person or entities Persons shall have the right to enforce the provisions of this Guaranty Agreement and any of the other Loan Financing Documents as fully as the Lender, provided that the Lender shall continue to have the unimpaired right to enforce the provisions of this Guaranty Agreement and any of the other Loan Financing Documents as to so much of the Loan Obligations that the Lender has not sold, assigned or transferred. In connection with the foregoing, the Lender shall give notice have the right to Guarantor of the namedisclose to any such actual or potential purchaser, addressassignee, telephone number transferee or participant all financial records, information, reports, financial statements and contact person of documents obtained in connection with this Agreement and 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 Guarantor’s obligations hereunder. In particular, Guarantor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this Guaranty and each of the other Loan Financing Documents or otherwise. Notwithstanding the foregoing, the Lender agrees that if at any time the Lender assigns all or any portion of the Obligations and the Commitments to one any Person (other than an Affiliate of the Lender) and the Lender fails to retain authority to take all actions required by or more investors as permitted to the Lender under this Agreement without obtaining the consent of any such assignee, the Borrowers shall have a whole loan in a rated period of ninety (90) days after Notice of any such actual or unrated public offering proposed assignment from the Lender to the Borrowers, which Notice shall identify the actual or private placement, (ii) grant participation interests in proposed assignee and the Loanamount of the Obligations and Commitments assigned, to one or more investors in a rated or unrated public offering or private placement, (iii) deposit this Guaranty and each prepay all of the Obligations and terminate the Commitment and the Lender agrees that no Early Termination Fee shall be payable in connection with any such prepayment of the Obligations and termination of the Commitments. The foregoing rights of the Borrowers which arise upon an assignment of any of the Obligations and/or the Commitment to any Person (other Loan Documents with than an Affiliate of the Lender) shall not apply to the sale of a trust, which trust may sell certificates participation interest 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 placementPerson.

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, any 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 Security InstrumentInstruments, and each such entity or entities shall have the right to enforce the provisions of this 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 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 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 any Guarantor’s obligations hereunder. In particularparticular and not in limitation of any other terms herein or in the Loan Agreement, each Guarantor acknowledges and agrees that Lender and its successors and assigns may (i) sell the Loan, this 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 Guaranty 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.

Assignments by Lender. (a) Lender may at its sole cost and expense, without notice to, or consent of, GuarantorGuarantors, 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 Security Instrument, and each such entity or entities shall have the right to enforce the provisions of this 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 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 Guarantor 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 Guarantor’s Guarantors’ obligations hereunder. In particular, Guarantor acknowledges Guarantors acknowledge and agrees agree that Lender and its successors and assigns may (i) sell the Loan, this 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 Guaranty 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.