Common use of Binding Effect; Assignability Clause in Contracts

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the DepositorSeller, the Issuer and their respective successors and permitted assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled directly to directly enforce this Agreement. The Depositor Seller may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereofof its assignees. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf for the benefit of the Noteholders and the Depositor Seller consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Seller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the DepositorSeller, the Issuer Servicer, the Purchaser and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor Each of the Seller and the Servicer may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer Purchaser and any assignee thereof. The Issuer Purchaser may, and intends to, assign all of its rights hereunder to the Securitization Indenture Trustee on behalf of the Noteholders Securitization Noteholders, and each of the Seller and the Depositor Servicer consents to any such assignmentassignments. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Seller or the Servicer pursuant to Section 5 hereof 5, and the cure, repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement and the resignation or termination of the Servicer pursuant to the Securitization Indenture, but such rights and remedies may be enforced only by the Issuer Purchaser and the Securitization Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the DepositorOriginator, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor Originator may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Securitization Indenture Trustee on behalf of the Noteholders Securitization Noteholders, and the Depositor Originator consents to any such assignmentassignments. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Originator pursuant to Section 5 hereof 5, and the cure, repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement Agreement, but such rights and remedies may be enforced only by the Issuer and the Securitization Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and permitted assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled directly to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereofeach of its assignees. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf for the benefit of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and or the Indenture Trustee, as applicable.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the DepositorOriginator, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor Originator may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Securitization Indenture Trustee on behalf of the Noteholders Securitization Noteholders, and the Depositor Originator consents to any such assignmentassignments. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Originator pursuant to Section 5 hereof 5, and the cure, repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement Agreement, but such rights and remedies may be enforced only by the Issuer and the Securitization Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer Loan Seller and their its respective successors and assigns. Any assignee of the Issuer Loan Seller shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor BXG may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer Loan Seller and any assignee thereof. The Issuer Loan Seller may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders Quorum and the Depositor BXG consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect from the Closing Date until its terminationthe Agreement Termination Date; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by BXG (as of the Depositor date on which such representation or warranty was made) pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer Loan Seller and the Indenture TrusteeQuorum.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the DepositorSeller, the Issuer and their respective successors and permitted assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled directly to directly enforce this Agreement. The Depositor Seller may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereofof its assignees. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf for the benefit of the Noteholders and the Depositor Seller consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Seller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and permitted assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled directly to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder KL2 2879244.6 or any interest herein without the prior written consent of the Issuer and any assignee thereofeach of its assignees. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf for the benefit of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and or the Indenture Trustee, as applicable.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and 21 obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer Depositor and their its respective successors and assigns. Any assignee of the Issuer Depositor shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor Seller may not assign any of its rights and obligations 17 KL2 3337070.5 hereunder or any interest herein without the prior written consent of the Issuer Depositor and any assignee thereof. The Issuer Depositor may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders Issuer and the Depositor Seller consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor Seller pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Depositor, the Issuer and the Indenture Trustee.

Binding Effect; Assignability. This Agreement shall be binding upon and inure to the benefit of the Depositor, the Issuer and their respective successors and assigns. Any assignee of the Issuer shall be an express third party beneficiary of this Agreement, entitled to directly enforce this Agreement. The Depositor may not assign any of its rights and obligations hereunder or any interest herein without the prior written consent of the Issuer and any assignee thereof. The Issuer may, and intends to, assign all of its rights hereunder to the Indenture Trustee on behalf of the Noteholders and the Depositor consents to any such assignment. This Agreement shall create and constitute the continuing obligations of the parties hereto in accordance with its terms, and shall remain in full force and effect until its termination; provided, however, that the rights and remedies with respect to any breach of any representation and warranty made by the Depositor pursuant to Section 5 hereof and the repurchase or substitution and indemnification obligations shall be continuing and shall survive any termination of this Agreement but such rights and remedies may be enforced only by the Issuer and the Indenture Trustee.21 KL2 3337071.5