Common use of LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION Clause in Contracts

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 3 contracts

Samples: www.sec.gov, Repayment Guaranty (AAC Holdings, Inc.), Repayment Guaranty (AAC Holdings, Inc.)

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LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 3 contracts

Samples: Price Legacy Corp, Price Legacy Corp, Price Legacy Corp

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-non- borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Repayment Guaranty (AAC Holdings, Inc.), Repayment Guaranty (AAC Holdings, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent shall, within fifteen (15) days after request by Lender, (x) deliver to Lender and any other party designated by Lender an estoppel certificate, in form and substance acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Lender may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 2 contracts

Samples: Equity Contribution Guaranty (KBS Strategic Opportunity REIT II, Inc.), Limited Guaranty (KBS Strategic Opportunity REIT II, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretiondiscretion ("Participant"). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property Properties and its their operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (c) any lending relationship other than the Loan Loans which Lender may have with any party connected with the LoanLoans. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Revolving Credit Agreement (Amreit), Revolving Credit Agreement (Amreit)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Repayment Guaranty (AAC Holdings, Inc.), Repayment Guaranty (AAC Holdings, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its Improvements and their operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner or member of Borrower, any other guarantor Guarantor, any indemnitor and any non-borrower trustormortgagor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and The indemnity obligations of Lender as set forth in Borrower under the Loan Documents only as and shall also apply with respect to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, assignee or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Building Loan Agreement, Building Loan Agreement (Global Growth Trust, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, or grant participations in and, with the prior consent of Borrower (which consent shall not be unreasonably withheld), Borrower agrees that Lender may elect, at any time, to sell or assign, all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”); provided, however, (i) Borrower’s consent to a sale or assignment shall not be required (x) if a Default shall exist or (y) in the case of an assignment to an affiliate of Lender; or (z) if the Loan is fully disbursed to Borrower. Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and Improvements and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Guarantor, and any non-borrower trustorIndemnitor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Loan Agreement, Building Loan Agreement (Thomas Properties Group Inc)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that any Lender may elect, at any time, in accordance with the Loan Documents, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that subject to the terms of the Loan Agreement, any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at such Lender’s sole discretion. Guarantor further agrees that Administrative Agent or any Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Administrative Agent or such Lender with respect to: (a) the Property and its operationoperations; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Administrative Agent or such Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the this Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, purchaser or participant, assignee and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within thirty (30) days after request by Administrative Agent (but not more frequently than twice in any calendar year), (x) deliver to Administrative Agent an estoppel certificate, in form and substance reasonably acceptable to Administrative Agent and Guarantor, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty to the knowledge of the officer delivering such certificate, and (y) at the sole cost and expense of the requesting party, enter into such amendments or modifications to this Guaranty or the Loan Documents as may be reasonably required in order to evidence any such sale, sale or assignment, provided such amendment or participationmodification shall have no adverse impact on Guarantor. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign assign, or grant a security interest in, all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve BankBank or as otherwise set forth in the Loan Documents; provided that no such pledge or assignment assignment, or grant of a security interest, shall release such Lender from its obligations thereunder.

Appears in 2 contracts

Samples: Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.), Loan Agreement (Brookfield DTLA Fund Office Trust Investor Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderAdministrative Agent’s sole discretion. Guarantor further agrees that Lender Administrative Agent may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Administrative Agent with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the any Borrower, any partner of any Borrower, any constituent partner of any Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender Administrative Agent may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Administrative Agent as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 2 contracts

Samples: KBS Real Estate Investment Trust III, Inc., KBS Real Estate Investment Trust II, Inc.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent shall, within fifteen (15) days after request by Lender, (x) deliver to Lender and any other party designated by Lender an estoppel certificate, in form and substance acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Lender may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.. Loan No. 1015498

Appears in 1 contract

Samples: Completion Guaranty (KBS Strategic Opportunity REIT II, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Repayment Guaranty (Thomas Properties Group Inc)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, in accordance with the Loan Documents, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at such Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operationoperations; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Mortgage Borrower, Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any , as long as in each case Lender delivers such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only information on a confidential basis as and to the extent they agree among themselvesrequired by (x) the Loan Documents or (y) any existing confidentiality agreements then in effect between such party and Guarantor (if applicable). In connection with any such sale, assignment or participation, Guarantor further agrees that the this Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, purchaser or participant, assignee and upon written request by Lender, Guarantor shall consent shall, within thirty (30) days after request by Lender (but not more frequently than twice in any calendar year), (x) deliver to Lender an estoppel certificate, in form and substance reasonably acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty to the knowledge of the officer delivering such certificate, and (y) at the sole cost and expense of the requesting party, enter into such amendments or modifications to this Guaranty or the Loan Documents as may be reasonably required in order to evidence any such sale, sale or assignment, provided such amendment or participationmodification shall have no adverse impact on Guarantor. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign assign, or grant a security interest in, all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve BankBank or as otherwise set forth in the Loan Documents; provided that no such pledge or assignment assignment, or grant of a security interest, shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Mezzanine Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property Properties and its their operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (c) any lending relationship other than the Loan Loans which Lender may have with any party connected with the LoanLoans. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Revolving Credit Agreement (Amreit)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees -------------------------------------------------------- that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s Lendets sole discretiondiscretion ("Participant"). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and Improvements and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner or member of Borrower, any other guarantor Guarantor and any nonNon-borrower trustorBorrower Grantor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Construction Loan Agreement (Americredit Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender Lenders may elect, at any time, to sell, assign, or grant participations in all or any portion of its their respective rights and obligations under the Loan Documents and this Guaranty, subject to the terms and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretionconditions of the Credit Agreement. Guarantor further agrees that Lender Administrative Agent and Lenders may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Administrative Agent or Lenders with respect to: (a) the Property and its operationCollateral; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of BorrowerBorrower or Guarantor, any constituent partner partner, joint venturer or member of BorrowerBorrower or Guarantor, and any other guarantor and any non-borrower trustorguarantor); and/or (c) any lending relationship other than the Loan which Administrative Agent or any Lender may have with any party connected with the Loan; provided, however, that upon request of Guarantor and so long as no Event of Default has occurred and which such Event of Default has not been waived in writing by Administrative Agent, Administrative Agent shall use commercially reasonable efforts to obtain a confidentiality agreement, in form reasonably acceptable to Guarantor, from any such actual or potential purchaser(s), assignee(s) or participant(s) before disclosing any non-public information. In the event of any such sale, assignment or participation, Lender Administrative Agent and Lenders and the parties to such transaction shall share in the rights and obligations of Lender Administrative Agent and Lenders as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, . Guarantor shall consent hereby consents to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Repayment Guaranty (Walker & Dunlop, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Repayment Guaranty (KBS Legacy Partners Apartment REIT, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, in accordance with the Loan Documents, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at such Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operationoperations; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Mortgage Borrower, Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the this Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, purchaser or participant, assignee and upon written request by Lender, Guarantor shall consent shall, within thirty (30) days after request by Lender (but not more frequently than twice in any calendar year), (x) deliver to Lender an estoppel certificate, in form and substance reasonably acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty to the knowledge of the officer delivering such certificate, and (y) at the sole cost and expense of the requesting party, enter into such amendments or modifications to this Guaranty or the Loan Documents as may be reasonably required in order to evidence any such sale, sale or assignment, provided such amendment or participationmodification shall have no adverse impact on Guarantor. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign assign, or grant a security interest in, all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve BankBank or as otherwise set forth in the Loan Documents; provided that no such pledge or assignment assignment, or grant of a security interest, shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Mezzanine Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender Except during the existence of a Default, Lender, at Lender’s sole cost, may elect, at any time, to sell, assign, sell or grant participations in assign all or any portion (not less than $5,000,000.00) of its rights and obligations under the Loan Documents, and that any such sale or assignment may be to one or more commercial banks or financial institutions (a “Participant”), with Borrower’s prior written approval, not to be unreasonably withheld or delayed; provided, however, during the existence of a Default, Lender shall not be required to obtain the approval of Borrower for any sale or assignment of all or any portion of Lender’s rights and obligations under the Loan Documents to a Participant. If Lender sells or assigns any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and Lender will remain the sole administrative agent for the Loan. Borrower agrees that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entitiesLender, at its sole expense, may elect, at any time, to grant participations in all or any portion of Lender’s sole discretionrights and obligations (but with limited voting rights, if any) under the Loan Documents to a Participant. Guarantor Borrower further agrees that Lender Lender, at its sole expense, may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (ai) the Property Collateral and its their operation; (bii) any party connected with the Loan Credit Facility (including, without limitation, the Guarantor, the 02941-0345/LEGAL18900961.3 Borrower, any partner of BorrowerHoldco, any constituent partner of Borrower, any other guarantor and any non-borrower trustorGuarantor or IIT); and/or (ciii) any lending relationship other than the Loan Credit Facility which Lender may have with any party connected with the LoanCredit Facility; provided however, any such actual or potential purchaser(s), assignee(s) or participant(s) must agree in writing to keep all such information confidential other than as may be required by applicable law or court order. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower, at Lender’s sole cost, shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. THE INDEMNITY OBLIGATIONS OF BORROWER UNDER THE LOAN DOCUMENTS SHALL ALSO APPLY WITH RESPECT TO ANY PURCHASER, ASSIGNEE OR PARTICIPANT. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement (Industrial Income Trust Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion ("Participant"). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property Assets and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Person having any interest, whether direct or indirect, in Borrower, any constituent partner or member of Borrower, any other guarantor Asset Guarantor and any non-borrower trustorGuarantor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan may be split into two or more loans with the economic terms materially the same as provided herein and in the other Loan Documents, the Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any The indemnity obligations of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights Borrower under all or any of the Loan Documents shall also apply with respect to a Federal Reserve Bank; any Participant. Without limitation of the foregoing, Borrower acknowledges that Lender may effectuate one or more Secondary Market Transactions (as defined below). Borrower shall cooperate in all respects with Lender in effecting any such Secondary Market Transaction and shall cooperate in all respects to implement all requirements imposed by any Investment Party or Rating Agency (each as defined below) involved therein, including, without limitation, amendments to Borrower’s organizational documents and/or the obligations evidenced by each Note and this Agreement and secured by the Security Instrument, and modifications to any Loan Documents, provided however that no such pledge shall not materially increase Borrower’s obligations or assignment liabilities under this Agreement or the other Loan Documents. Borrower shall release provide such Lender from its obligations thereunder.information

Appears in 1 contract

Samples: Loan Agreement (IMH Financial Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (ai) the Property Collateral and its their operation; (bii) any party connected with the Loan Credit Facility (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner party of any partner, joint venturer or member of Borrower, any other guarantor Guarantor and any non-borrower trustorBorrower grantor); and/or (ciii) any lending relationship other than the Loan Credit Facility which Lender may have with any party connected with the LoanCredit Facility. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything in this Guaranty to the contrary notwithstandingTHE INDEMNITY OBLIGATIONS OF BORROWER UNDER THE LOAN DOCUMENTS SHALL ALSO APPLY WITH RESPECT TO ANY PURCHASER, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunderASSIGNEE OR PARTICIPANT.

Appears in 1 contract

Samples: Loan Agreement (LGI Homes, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion ("Participant"). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and Improvements and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Person having any interest, whether direct or indirect, in Borrower, any constituent partner or member of Borrower, any other guarantor and any non-borrower trustorGuarantor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan may be split into two or more loans with the economic terms materially the same as provided herein and in the other Loan Documents, the Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any Participant. Without limitation of the foregoing, Borrower acknowledges that Lender may effectuate one or more Secondary Market Transactions (as defined below). Borrower shall cooperate in all respects with Lender in effecting any such Secondary Market Transaction and shall cooperate in all respects to implement all requirements imposed by any Investment Party or Rating Agency (each as defined below) involved therein, including, without limitation, amendments to Borrower’s organizational documents and/or the obligations evidenced by each Note and this Guaranty Agreement and secured by the Security Instrument, and modifications to any Loan Documents, provided however that such shall not materially increase Borrower’s obligations or liabilities under this Agreement or the other Loan Documents. Borrower shall provide such information and documents relating to Borrower, any Guarantor, the Property and any tenants as Lender may reasonably request in connection with such Secondary Market Transaction, including, without limitation, non-consolidation, Delaware and other customary opinions. Borrower shall make available to Lender all information concerning its business and operations that Lender may reasonably request pursuant to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any terms of the Loan Documents Documents. Lender shall be permitted to a Federal Reserve Bank; share all information provided that no such pledge or assignment shall release such Lender from its obligations thereunder.in connection with the Loan with the Investment Parties, Rating Agencies, investment banking firms, accounting firms, law firms and other third-party advisory

Appears in 1 contract

Samples: Loan Agreement (IMH Financial Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower acknowledges the intention of the parties to facilitate the marketability of the Loan to purchasers in the secondary market and agrees that Lender Bondowner Representative may elect, at any time, subject to the requirements of the Indenture, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s Bondowner Representative's sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender Bondowner Representative may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Bondowner Representative with respect to: (a) the Property and Improvements and its operation; (b) any b)any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner or member of Borrower, any other guarantor Guarantor, any Indemnitor and any nonNon-borrower trustorBorrower Trustor); and/or (c) any lending relationship other than the Loan which Lender Bondowner Representative may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Bondowner Representative and the parties to such transaction shall share in the rights and obligations of Lender Bondowner Representative as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by LenderBondowner Representative, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Loan Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyLoan Agreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender Bondowner Representative from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignmentassignment or participation; provided, however, that Borrower shall not incur any costs, or participationbe exposed to any additional liability, as a result of such modifications and/or amendments. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement (KBS Real Estate Investment Trust, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner or member of Borrower, any other guarantor Guarantor, any Indemnitor and any nonNon-borrower trustorBorrower Trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement (Regan Holding Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretiondiscretion ("Participant"). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, assignee or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Unsecured Loan Agreement (Inland Real Estate Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent and Lenders may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Administrative Agent’s or Lender’s sole discretion. Guarantor further agrees that Lender Administrative Agent and Lenders may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Administrative Agent or any Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Administrative Agent or any Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Lenders as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, Loan No. 1011181 assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Limited Guaranty (KBS Strategic Opportunity REIT, Inc.)

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LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be Loan No. 757420 to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, Senior Borrower, any partner of Borrower or Senior Borrower, any constituent partner of Borrower or Senior Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent shall, within fifteen (15) days after request by Lender, (x) deliver to Lender and any other party designated by Lender, an estoppel certificate, in form and substance acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Lender may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Mezzanine (KBS Strategic Opportunity REIT, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor (a) The Borrower agrees that the Lender may elect, at any time, to sell, assign, sell or grant participations in assign all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, sale or assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at the Lender’s sole discretion. Guarantor The Borrower further agrees that the Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(sassignee(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to the Lender with respect to: (ai) the Property Land and Improvements and its operation; , (bii) the Project and the Construction, and/or (iii) any party connected with the Loan (including, without limitation, the Guarantor, the Borrowerany Loan Party, any partner partner, joint venturer or member of Borrowerany Loan Party, any constituent partner joint venturer or member of Borrower, any other guarantor Loan Party and any non-borrower trustorIndemnitor) (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such information - 59 - and instructed to keep such information confidential); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such salesale or assignment, assignment or participation, the Lender and the parties to such transaction shall share in the rights and obligations of the Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such salesale or assignment, assignment or participation, Guarantor the Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor the Borrower to each purchaser, purchaser or assignee, or participant, and upon written request by the Lender, Guarantor the Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, sale or assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any The indemnity obligations of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights Borrower under all or any of the Loan Documents shall also apply with respect to a Federal Reserve Bank; provided that no such pledge any purchaser or assignment shall release such Lender from its obligations thereunderassignee.

Appears in 1 contract

Samples: Construction Loan Agreement

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that that, subject to any restrictions set forth in the Loan Agreement, Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its Improvements and their operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Loan Agreement (KBS Legacy Partners Apartment REIT, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees Guarantors agree that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s 's sole discretion. Guarantor Guarantors further agrees agree that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property Guarantors’ assets and its operationoperations; (b) any party connected with the Loan (including, without limitation, the GuarantorGuarantors, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, Borrower and any other guarantor and any non-borrower trustorguarantor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Guarantors further agrees agree that the Guaranty shall be sufficient evidence of the obligations of Guarantor Guarantors to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Guarantors shall consent to such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, or participation. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Repayment Guaranty (Inland Real Estate Corp)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderAdministrative Agent’s sole discretion. Guarantor further agrees that Lender Administrative Agent may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Administrative Agent with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the BorrowerBorrowers, any partner of BorrowerBorrowers, any constituent partner of BorrowerBorrowers, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender Administrative Agent may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Administrative Agent as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Limited Guaranty (KBS Real Estate Investment Trust II, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent shall, within fifteen (15) days after request by Lender, (x) deliver to Lender and any other party designated by Lender an estoppel certificate, in form and substance acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Lender may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Loan No. 1013119 Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Completion Guaranty (KBS Strategic Opportunity REIT II, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower agrees that Lender may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Borrower and any non-borrower trustorGuarantor); and/or (cb) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any purchaser, assignee or participant. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Mezzanine Loan Agreement (KBS Real Estate Investment Trust, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent and Lenders may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Administrative Agent’s or Lender’s sole discretion. Guarantor further agrees that Lender Administrative Agent and Lenders may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Administrative Agent or any Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Administrative Agent or any Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information prior to receiving the same. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Lenders as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Limited Guaranty (KBS Real Estate Investment Trust III, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderAdministrative Agent’s sole discretion. Guarantor further agrees that Lender Administrative Agent may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Administrative Agent with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender Administrative Agent may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Administrative Agent as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor's rights or increasing Guarantor's obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Limited Guaranty (KBS Real Estate Investment Trust III, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Borrower acknowledges the intention of the parties to facilitate the marketability of the Loan to purchasers in the secondary market and agrees that Lender Bondowner Representative may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderBondowner Representative’s sole discretiondiscretion (“Participant”). Guarantor Borrower further agrees that Lender Bondowner Representative may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Bondowner Representative with respect to: (a) the Property and Improvements and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner or member of Borrower, any other guarantor and any non-borrower trustorGuarantor); and/or (c) any lending relationship other than the Loan which Lender Bondowner Representative may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Bondowner Representative and the parties to such transaction shall share in the rights and obligations of Lender Bondowner Representative as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor Borrower further agrees that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrower to each purchaser, assignee, or participant, and upon written request by LenderBondowner Representative, Guarantor Borrower shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any The indemnity obligations of the formal or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights Borrower under all or any of the Loan Documents shall also apply with respect to a Federal Reserve Bank; provided that no such pledge any purchaser, assignee or assignment participant. Notwithstanding the foregoing, nothing herein shall release such Lender from its obligations thereunderbe construed to limit the restrictions on transfer of the Bonds set forth in the Indenture.

Appears in 1 contract

Samples: Loan Agreement

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees Borrowers agree that Lender may elect, elect at any time, to sell, assign, transfer or grant participations in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment assignment, transfer or participation may be to one or more financial institutions, private investors, trusts and/or other entities, at Lender’s 's sole discretion. Guarantor Borrowers further agrees agree that Lender may disseminate to any such actual or potential purchaser(s), assignee(s), transferee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property Properties and its their operation; , (b) any party connected with the Loan (including, without limitation, the Guarantor, the BorrowerBorrowers, any partner of Borrower, any constituent partner either of Borrower, any other guarantor the Borrowers and any non-borrower trustor); Guarantor) and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment assignment, transfer or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment assignment, transfer or participation, Guarantor Borrowers further agrees agree that the Guaranty Loan Documents shall be sufficient evidence of the obligations of Guarantor Borrowers to each purchaser, assignee, transferee or participant, and upon written request by Lender, Guarantor Borrowers shall consent to enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment, transfer or participation. Anything The indemnity obligations of Borrowers under the Loan Documents shall also apply with respect to any purchaser, assignee, transferee or participant. Borrowers covenant and agree that they will cooperate with Lender in this Guaranty to the contrary notwithstanding, and without the need to comply connection with any of the formal or procedural requirements transactions contemplated by this section (said cooperation shall be deemed to include, but shall not be limited to, the execution and delivery of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunderdocuments reasonably requested by Lender).

Appears in 1 contract

Samples: Loan Agreement (Prudential Bache Equitec Real Estate Partnership)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender may elect, at any time, to sell, assign, or grant participations in all or any portion of its their rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretion. Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner of Borrower, any constituent partner of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan; provided, however, any recipients of any Non-Public Information shall have signed a commercially reasonable confidentiality agreement with respect to such Non-Public Information Loan No. 1015498 prior to receiving the same. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent shall, within fifteen (15) days after request by Lender, (x) deliver to Lender and any other party designated by Lender an estoppel certificate, in form and substance acceptable to Lender, verifying for the benefit of Lender and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Lender may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor’s rights or increasing Guarantor’s obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: Partial Repayment and Limited Guaranty (KBS Strategic Opportunity REIT II, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that any Lender may elect, at any time, in accordance with the Loan Documents, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at such Lender’s sole discretion. Guarantor further agrees that Administrative Agent or any Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and Loan No. 1019350 information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Administrative Agent or such Lender with respect to: (a) the Property and its operationoperations; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Administrative Agent or such Lender may have with any party connected with the Loan. In the event of any , as long as in each case Administrative Agent or Lenders, as applicable, delivers such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only information on a confidential basis as and to the extent they agree among themselvesrequired by (x) the Loan Documents, or (x) any existing confidentiality agreements then in effect between such party and Guarnator. In connection with any such sale, assignment or participation, Guarantor further agrees that the this Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, purchaser or participant, assignee and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within thirty (30) days after request by Administrative Agent (but not more frequently than twice in any calendar year), (x) deliver to Administrative Agent an estoppel certificate, in form and substance reasonably acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty to the knowledge of the officer delivering such certificate, and (y) at the sole cost and expense of the requesting party, enter into such amendments or modifications to this Guaranty or the Loan Documents as may be reasonably required in order to evidence any such sale, sale or assignment, provided such amendment or participationmodification shall have no adverse impact on Guarantor. Anything in this Guaranty to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Guaranty, including this Section, any lender Lender may at any time and from time to time pledge and assign assign, or grant a security interest in, all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve BankBank or as otherwise set forth in the Loan Documents; provided that no such pledge or assignment assignment, or grant of a security interest, shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Limited Guaranty (Brookfield DTLA Fund Office Trust Investor Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor Each Indemnitor agrees that Lender any Indemnified Party may elect, at any time, to sell, assign, assign or grant participations in all or any portion of its rights and obligations under the Loan Documents Documents, the Specified Derivatives Contracts and this GuarantyIndemnity, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lendersuch Indemnified Party’s sole discretion, in accordance with Section 13.6 of the Credit Agreement. Guarantor Indemnitor further agrees that Lender any Indemnified Party may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender such Indemnified Party with respect to: (a) the Property and its operation; (b) any party connected with the Loan Loans (including, without limitation, the GuarantorIndemnitors, the BorrowerBorrowers, any partner of a Borrower, any constituent partner of a Borrower, any other guarantor and any non-borrower trustorgrantor); and/or (c) any lending relationship other than the Loan Loans which Lender such Indemnified Party may have with any party connected with the LoanLoans. In the event of any such sale, assignment or participation, Lender such Indemnified Party and the parties to such transaction shall share in the rights and obligations of Lender such Indemnified Party as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor each Indemnitor further agrees that the Guaranty this Indemnity shall be sufficient evidence of the obligations of Guarantor Indemnitors to each purchaser, assignee, or participant, and upon written request by Lendersuch Indemnified Party, Guarantor Indemnitors shall consent to such amendments or modifications to the Loan Documents and Specified Derivatives Contract, as applicable, as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender Lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunder.

Appears in 1 contract

Samples: Option and Subordination Agreement (CapLease, Inc.)

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Subject to the limitations set forth in the Loan Agreement, Guarantor agrees that Lender Administrative Agent may elect, at any time, to sell, assign, or grant participations in all or any portion of its rights and obligations under the Loan Documents and this Guaranty, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderAdministrative Agent’s sole discretion. Guarantor further agrees that Lender Administrative Agent may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender Administrative Agent with respect to: (a) the Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the any Borrower, any partner of any Borrower, any constituent partner of any Borrower, any other guarantor and any non-borrower trustor); and/or (c) any lending relationship other than the Loan which Lender Administrative Agent may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Administrative Agent and the parties to such transaction shall share in the rights and obligations of Lender Administrative Agent as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by LenderAdministrative Agent, Guarantor shall consent shall, within fifteen (15) days after request by Administrative Agent, (x) deliver to Administrative Agent and any other party designated by Administrative Agent an estoppel certificate, in form and substance acceptable to Administrative Agent, verifying for the benefit of Administrative Agent and any such other party the status, terms and provisions of this Guaranty, and (y) enter into such amendments or modifications to this Guaranty and the Loan Documents as Administrative Agent may be reasonably required request in order to evidence and facilitate any such sale, assignment, or participationparticipation without impairing Guarantor's rights or increasing Guarantor's obligations hereunder. Anything in this Guaranty Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this GuarantyAgreement, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender lender from its obligations thereunder.

Appears in 1 contract

Samples: KBS Real Estate Investment Trust II, Inc.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Guarantor agrees that Lender may elect, at any time, to sell, assign, assign or grant participations participation in all or any portion of its rights and obligations under the Loan Documents and this GuarantyDocuments, and that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at Lender’s sole discretiondiscretion (“Participant”). Guarantor further agrees that Lender may disseminate to any such actual or potential purchaser(s), assignee(s) or participant(s) all documents and information (including, without limitation, all financial information) which has been or is hereafter provided to or known to Lender with respect to: (a) the Mortgaged Property and its operation; (b) any party connected with the Loan (including, without limitation, the Guarantor, the Borrower, any partner partner, joint venturer or member of Borrower, any constituent partner partner, joint venturer or member of Borrower, any other guarantor Guarantor and any non-borrower trustorother Loan Party); and/or (c) any lending relationship other than the Loan which Lender may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender and the parties to such transaction shall share in the rights and obligations of Lender as set forth in the Loan Documents only as and to the extent they agree among themselves. In connection with any such sale, assignment or participation, Guarantor further agrees that the this Guaranty shall be sufficient evidence of the obligations of Guarantor to each purchaser, assignee, or participant, and upon written request by Lender, Guarantor shall consent to enter into such amendments or modifications to the Loan Documents this Guaranty as may be reasonably required in order to evidence any such sale, assignment, assignment or participation. Anything in All of Guarantor’s obligations under this Guaranty shall also apply with respect to the contrary notwithstandingany purchaser, and without the need to comply with any of the formal assignee or procedural requirements of this Guaranty, including this Section, any lender may at any time and from time to time pledge and assign all or any portion of its rights under all or any of the Loan Documents to a Federal Reserve Bank; provided that no such pledge or assignment shall release such Lender from its obligations thereunderparticipant.

Appears in 1 contract

Samples: Guaranty (Parkview Capital Credit, Inc.)

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