Common use of Heirs, Successors and Assigns; Participations Clause in Contracts

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank in each instance. Bank in its sole discretion may sell or assign participations or other interests in the Loan and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bank, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan and this Guaranty.

Appears in 2 contracts

Samples: Credit Loan Agreement (Bre Properties Inc /Md/), Trex Co Inc

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Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal personal representatives, successors and assigns of Bank Capital Provider and each Guarantor; provided, however, that no Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank Capital Provider in each instance. Bank Capital Provider in its sole discretion may sell or assign participations or other interests in the CoPACE Loan and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's ’s obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank Capital Provider may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for Guarantor or this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by BankCapital Provider, and to any actual or prospective purchaser or assignee of any participation or other interest in the CoPACE Loan and this Guaranty, subject to confidentiality of such information for use solely in connection with acquiring or holding any interest in the CoPACE Loan.

Appears in 2 contracts

Samples: Completion Guaranty and Agreement, Completion Guaranty and Agreement

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank the Lender and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank in each instancethe Lender. Bank the Lender in its sole discretion may sell or assign participations or other interests in the Loan Guaranteed Obligations and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank the Lender may disclose any and all information in its their possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bankthe Lender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan Guaranteed Obligations and this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank Lender and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank Lender in each instance. Bank Lender in its sole discretion may sell or assign participations or other interests in the Loan Guarantied Obligations and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank Lender may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by BankLender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan Guarantied Obligations and this Guaranty.. Loan Number 00-000000-00

Appears in 1 contract

Samples: Commercial Guaranty (Greenkraft, Inc.)

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank in each instance. Bank in its sole discretion may sell sell, syndicate or assign participations or other interests in the Loan and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bank, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan and this Guaranty.

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Essex Property Trust Inc)

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Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank the Administrative Agent, the Lenders and the Guarantor; provided, however, that the Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank in each instancethe Administrative Agent. Bank Any of the Administrative Agent or the Lenders, in its sole discretion discretion, may sell or assign participations or other interests in the Loan Guaranteed Obligations and this Guaranty, in whole or in part, all without notice to or the consent of the Guarantor and without affecting the Guarantor's obligations under this Guaranty. Also without notice to or the consent of the Guarantor, Bank but subject to its confidentiality obligations under the Credit Agreement, any of the Administrative Agent or any Lender may disclose any and all information in its possession concerning the Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bankthe Administrative Agent or any Lender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan Guaranteed Obligations and this Guaranty.

Appears in 1 contract

Samples: Credit Agreement (Callaway Golf Co /Ca)

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank the Lender and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank the Lender in each instance. Bank The Lender in its sole discretion may sell or assign participations or other interests in the Loan and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's ’s obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank the Lender may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bankthe Lender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan and this Guaranty.

Appears in 1 contract

Samples: General Guaranty and Indemnity Agreement (CMR Mortgage Fund II, LLC)

Heirs, Successors and Assigns; Participations. The terms of this --------------------------------------------- Guaranty shall bind and benefit the heirs, legal representatives, successors and assigns of Bank and Guarantor; provided, however, that Guarantor may not assign this Guaranty, or assign or delegate any of its rights or obligations under this Guaranty, without the prior written consent of Bank in each instance. Bank in its sole discretion may sell or assign participations or other interests in the Loan and this Guaranty, in whole or in part, all without notice to or the consent of Guarantor and without affecting Guarantor's obligations under this Guaranty. Also without notice to or the consent of Guarantor, Bank may disclose any and all information in its possession concerning Guarantor, this Guaranty and any security for this Guaranty to any actual or prospective purchaser of any securities issued or to be issued by Bank, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan and this Guaranty.

Appears in 1 contract

Samples: Payment Guaranty (Historic Preservation Properties 1989 Limited Partnership)

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