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

Heirs, Successors and Assigns; Participations. The terms of this Agreement shall bind and benefit the heirs, legal representatives, successors, and assigns of Bank and Borrower and inures to the benefit of Bank and its successors, assigns, and indorsees; provided, however, that Borrower may not assign this Agreement, or assign or delegate any of its rights or obligations under this Agreement, without the prior written consent of Bank in each instance. Bank, in its sole and absolute discretion, may sell or assign the Loan or participations or other interests in the Loan and this Agreement, in whole or in part, all without notice to or the consent of Borrower and without affecting Borrower’s obligations under this Agreement. Also without notice to or the consent of Borrower, Bank may disclose any and all information in its possession concerning Borrower, this Agreement and any security for this Agreement 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 Agreement.

Appears in 1 contract

Samples: Indemnity Agreement (Go Daddy Group, Inc.)

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

Appears in 1 contract

Samples: Indemnity Agreement (Go Daddy Group, Inc.)

Heirs, Successors and Assigns; Participations. The terms provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives, successors, successors and assigns of Bank Indemnitor and Borrower and inures to the benefit of Bank and its successors, assigns, and indorseesIndemnified Parties; provided, however, that Borrower Indemnitor may not assign this Agreement, or assign or delegate any of its rights or obligations under this Agreement, without the prior written consent of Bank in each instanceIndemnitee. Bank, Each Lender in its sole and absolute discretion, discretion may sell or assign the Loan or participations or other interests in the Loan Facility and this Agreement, in whole or in part, all without notice to or the consent of Borrower Indemnitor and without affecting BorrowerIndemnitor’s obligations under this Agreement. Also without notice to or the consent of BorrowerIndemnitor, Bank each Lender may disclose any and all information in its possession concerning Borrower, this Agreement and any security for Indemnitor or this Agreement to any actual or prospective purchaser of any securities issued or to be issued by Banksuch Lender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan Facility and this Agreement.

Appears in 1 contract

Samples: Assignment and Assumption (American Realty Capital Trust, Inc.)

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Heirs, Successors and Assigns; Participations. The terms provisions of this Agreement shall bind and benefit the heirs, executors, administrators, legal representatives, successors, successors and assigns of Bank Indemnitor and Borrower and inures to the benefit of Bank and its successors, assigns, and indorseesIndemnified Parties; provided, however, that Borrower Indemnitor may not assign this Agreement, or assign or delegate any of its rights or obligations under this Agreement, without the prior written consent of Bank Indemnitee and the Requisite Lenders in each instance. Bank, Each Lender in its sole and absolute discretion, discretion may sell or assign the Loan or participations or other interests in the Loan Facility and this Agreement, in whole or in part, all without notice to or the consent of Borrower Indemnitor and without affecting Borrower’s Indemnitor's obligations under this Agreement. Also without notice to or the consent of BorrowerIndemnitor, Bank each Lender may disclose any and all information in its possession concerning Borrower, this Agreement and any security for Indemnitor or this Agreement to any actual or prospective purchaser of any securities issued or to be issued by Banksuch Lender, and to any actual or prospective purchaser or assignee of any participation or other interest in the Loan Facility and this Agreement.

Appears in 1 contract

Samples: Credit Agreement (Apartment Investment & Management Co)

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