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

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Borrower 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 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 ("Participant"). 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 Assets and its operation; (b) any party connected with the Loan (including, without limitation, Borrower, any Person having any interest, whether direct or indirect, in Borrower, any constituent partner or member of Borrower, any Asset Guarantor and any 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 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, Borrower further agrees that the 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 Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any Participant.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. (a) Borrower 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 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 ("ParticipantPARTICIPANT"). 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 Assets and its operation; (b) any party connected with the Loan (including, without limitation, the Borrower, any Person having any interest, whether direct partner or indirect, in member of Borrower, any constituent partner or member of Borrower, any Asset Guarantor Borrower and any Guarantor); 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, Borrower further agrees that the 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 Borrower to each purchaser, assignee, or participant, and upon written request by Lender, Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment or participation. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any Participantpurchaser, assignee or participant.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. The Borrower agrees that the 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 that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at the Lender’s sole discretion ("each, a “Participant"”). The Borrower further agrees that the 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 the Lender with respect to: (a) the Assets Land and Improvements and its operation; operation and/or (b) any party connected with the Loan (including, without limitation, Borrowerany Loan Party, any Person having partner, joint venturer or member of any interest, whether direct or indirect, in BorrowerLoan Party, any constituent partner partner, joint venturer or member of Borrower, any Asset Guarantor Loan Party and any GuarantorIndemnitor); 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, 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 sale, assignment or participation, the Borrower further agrees that the 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 the Borrower to each purchaser, assignee, or participant, and upon written request by the Lender, the Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment or participation. The indemnity obligations of the Borrower under the Loan Documents shall also apply with respect to any Participantpurchaser, assignee or participant. Anything in this Agreement to the contrary notwithstanding, and without the need to comply with any of the formal or procedural requirements of this Agreement, including this Section, the 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 the Lender from its obligations hereunder.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Borrower Subject to the limitations provided in Section 8(g) of this Indemnity, Indemnitor 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 DocumentsDocuments and this Indemnity, 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 ("Participant")discretion. Borrower No such sale, assignment or granting of participation shall in any way expand or increase Indemnitor's liability under this Indemnity. Indemnitor 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 Assets Property and its operation; (b) any party connected with the Loan (including, without limitation, Borrowerthe Indemnitor, any Person having any interest, whether direct or indirect, in Borrowerpartner of Indemnitor, any constituent partner or member of BorrowerIndemnitor, any Asset Guarantor guarantor and any Guarantornon-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, Borrower Indemnitor further agrees that the 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 this Indemnity shall be sufficient evidence of the obligations of Borrower Indemnitor to each purchaser, assignee, or participant, and upon written request by Lender, Borrower Indemnitor shall enter into 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. The indemnity obligations of Borrower under the Loan Documents shall also apply with respect to any Participant.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. (a) The Borrower agrees that the Lender may elect, at any time, to sell, sell or assign or grant participations in all or any portion of its rights and obligations under the Loan Documents, 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 ("Participant")discretion. 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 Assets Land and Improvements and its operation; , (bii) the Project and the Construction, and/or (iii) any party connected with the Loan (including, without limitation, Borrowerany Loan Party, any Person having any interestpartner, whether direct or indirect, in Borrower, any constituent partner joint venturer or member of Borrowerany Loan Party, any Asset Guarantor joint venturer or member of any Loan Party and any GuarantorIndemnitor) (it being understood that the Persons to whom such disclosure is made will be informed of the confidential nature of such information 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, the Borrower further agrees that the 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 the Borrower to each purchaser, purchaser or assignee, or participant, and upon written request by the Lender, the Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment sale or participationassignment. The indemnity obligations of the Borrower under the Loan Documents shall also apply with respect to any Participantpurchaser or assignee.

LOAN SALES AND PARTICIPATIONS; DISCLOSURE OF INFORMATION. Borrower agrees that Lender Bank 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 that any such sale, assignment or participation may be to one or more financial institutions, private investors, and/or other entities, at LenderBank’s sole discretion ("“Participant"”). Borrower further agrees that Lender Bank 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 Bank with respect to: (a) the Assets and its operationCollateral; (b) any party connected with the Loan (including, without limitation, the Borrower, any Person having any interest, whether direct or indirect, in partner of Borrower, any constituent partner or member of Borrower, any Asset Guarantor and any Guarantor); and/or (c) any lending relationship other than the Loan which Lender Bank may have with any party connected with the Loan. In the event of any such sale, assignment or participation, Lender Bank and the parties to such transaction shall share in the rights and obligations of Lender Bank 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, Borrower further agrees that the 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 Borrower to each purchaser, assignee, or participant, and upon written request by LenderBank, Borrower shall enter into such amendments or modifications to the Loan Documents as may be reasonably required in order to evidence any such sale, assignment or participation. The Any indemnity obligations of Borrower borrower under the Loan Documents shall also apply with respect to any Participantmy purchaser, assignee or participant.