Collateral Assignment by Seller. Without the consent of COMPANY, Seller may, in its discretion, make a collateral assignment of this Agreement to any and all financing parties or grant any or all financing parties a lien or security interest in any right, title or interest in part or all of the Facility or any or all of Seller's rights under this Agreement for the purpose of the financing or refinancing of the Facility; provided, however, that Seller shall provide notice of each such assignment (including the identity of the assignee) prior to assignment and such assignment shall recognize COMPANY's rights under this Agreement. In order to facilitate the obtaining of financing or refinancing of the Facility, COMPANY shall cooperate with Seller and execute consents, agreements or similar documents with respect to a collateral assignment hereof to any financing party as such financing party may reasonably request in connection with the financing or refinancing of the Facility, including an agreement to give notice to such financing parties of any default by Seller under this Agreement and to allow such financing parties to cure any such default during periods which are equal to and consistent with the cure periods Seller has under this Agreement, provided that COMPANY shall be reasonably satisfied that any such consents, agreements or similar documents do not in any manner adversely affect its rights under this Agreement or impose material obligations on COMPANY except with respect to providing any additional notice of default and opportunity to cure consistent with this Agreement. FORCE MAJEURE;
Collateral Assignment by Seller. Notwithstanding any other term of this Agreement to the contrary, Seller, without the consent of Buyer, shall be permitted to assign, transfer, sell, pledge, mortgage or encumber its rights, obligations or interests in this Agreement to create a security interest for the benefit of any one or more lenders or other financing sources (or any agent or trustee acting on their behalf). Buyer will execute such consents, agreements, estoppels, certificates or other documents as reasonably required by Seller in connection with such assignment, provided that any such consent, agreement, certificate or document does not adversely affect the rights or benefits of Buyer in connection with this Agreement. Thereafter, the lender, without the consent of the Buyer, may cause its interest in this Agreement to be sold, assigned transferred or otherwise disposed of to a third party pursuant to the terms governing the applicable security interest
Collateral Assignment by Seller. This Agreement may be collaterally ------------------------------- assigned to the Construction Lender as additional security for the Construction Loan. The form of assignment shall provide that such assignment becomes absolute only upon the Construction Lender or its designee acquiring title to the Project by foreclosure or deed in lieu of foreclosure. Seller may not assign this Agreement, in whole or in part, to any other party.
