No Assignments to Borrower or Affiliates Sample Clauses

No Assignments to Borrower or Affiliates. Anything in this Section 12.24 to the contrary notwithstanding, no Lender may assign or participate any interest in any Loan held by it hereunder to Borrower or any of its Affiliates without the prior consent of each Lender.
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No Assignments to Borrower or Affiliates. Anything in this Section 10.6(g) to the contrary notwithstanding, no Lender may assign or participate any interest in any Loan held by it hereunder to Borrower or any of its Affiliates (a “Borrower-Related Lender”) without the prior consent of Administrative Agent and Required Lenders. Under no circumstances shall Borrower-Related Lender: (i) have any rights to vote or grant consent or approval with respect to any matter for which the vote, consent or approval of any Lender is required under the terms of the Loan Documents, including, without limitation, any of the matters set forth in Section 9.11 of this Agreement; (ii) have any rights to participate in meetings or conference calls to which the Lenders are invited; (iii) have any rights to receive any report or information (whether oral or written) from, or otherwise be consulted by, Administrative Agent or any other Lender that relates, in any way, to the Property, Borrower or the Loan (including, without limitation, any report delivered pursuant to Section 6.1 of this Agreement or pursuant to the Guaranty); or (iv) have any rights to provide direction, grant consent or vote its claim in connection with any voluntary or involuntary case or other proceeding against Borrower or Guarantor which seeks liquidation, reorganization or other relief with respect to it or its debts or other liabilities under any bankruptcy, insolvency or other similar law now or hereafter in effect or seeks the appointment of a trustee, receiver, liquidator, custodian or other similar official of it or any substantial part of its property.
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No Assignments to Borrower or Affiliates. (i) Notwithstanding anything in this Section 13.12 to the contrary, no Lender may assign or participate any interest in the Loan held by it hereunder to Borrower, Guarantor, any Person owning a direct or indirect interest in Borrower or Guarantor or any of their respective Affiliates (a “Borrower-Related Lender”). Notwithstanding the foregoing, subject to the terms of this clause (h), Affiliates of Borrower (other than Guarantor, Sponsor and their controlled Subsidiaries) may acquire all or any portion of non-controlling securities with respect to the Loan provided that such acquisition occurs solely as the result of such Affiliate’s acquisition of securities in a non-Affiliated Lender in connection with a broader capital markets transaction that is not related to the Loan (and any such Lender in which an Affiliate of Borrower acquires such securities shall be considered a Borrower-Related Lender for purposes of this Agreement). (ii) No fiduciary duties shall be owed by Administrative Agent and/or the Lenders to any Borrower-Related Lender and such Borrower-Related Lender shall promptly execute such documents as Administrative Agent may reasonably require in connection therewith, including, without limitation, an irrevocable waiver of any fiduciary or other duties owed to such Borrower-Related Lender in connection with the ownership of such interest. Borrower, on behalf of itself and on behalf of any Borrower-Related Lender, hereby irrevocably appoints and authorizes Administrative Agent, as Borrower’s and such Borrower-Related Lender’s attorney-in-fact, which agency is coupled with an interest, to execute and/or record in Borrower’s or Borrower-Related Lender’s name any such instruments or documents that Administrative Agent may reasonably require; provided, that prior to a Default, Administrative Agent shall give Borrower at least five (5) Business Days’ notice before exercising such power of attorney. (iii) Notwithstanding anything to the contrary contained in this Agreement, under no circumstances shall any Borrower-Related Lender, or any Lender holding an interest in the Loan for or on behalf of a Borrower-Related Lender: (A) have any rights to vote or grant consent or approval with respect to any matter for which the vote, consent or approval of any Lender is required under the terms of the Loan Documents including, without limitation, any of the matters set forth in Section 13.11 of this Agreement, or exercise, directly or indirectly, any control, d...
Sample 1

Related to No Assignments to Borrower or Affiliates

  • No Assignment to Borrower No such assignment shall be made to the Borrower or any of the Borrower’s Affiliates or Subsidiaries.

  • Funding by Branch Subsidiary or Affiliate Each Lender may make any Loan hereunder through an Affiliate or domestic or foreign branch of such Lender or Affiliate.

  • No Assignments The rights and obligations under this Agreement shall not be assignable.

  • No Assignment by Borrower The Borrower shall not assign or transfer any of its rights or obligations under this Agreement without the prior written consent of each of the Lenders.

  • NO ASSIGNMENT WITHOUT PERMISSION Other than in connection with a sale of all or substantially all of its competitive electric supply business, Competitive Supplier shall not assign its rights and privileges under this Agreement without the prior written approval of the Town. Such approval may by denied at the reasonable discretion of the Town if it determines that the proposed assignee does not have at least the same financial ability, experience, and qualifications as the assigning Competitive Supplier. Notwithstanding the foregoing, the Town may not unreasonably withhold its consent to an assignment to an affiliated entity under common control or management with Competitive Supplier or Competitive Supplier’s corporate parent that has the financial ability, qualifications, and experience to fulfill all obligations of Competitive Supplier under this Agreement, and which agrees, in writing to be bound by the terms and conditions of this Agreement. By making any assignment under this Article, Competitive Supplier shall be deemed to have represented and warranted to the Town that the assignee possesses such financial ability, qualifications, and experience. The Town may assign this Agreement without the prior consent of Competitive Supplier provided that the proposed assignee has at least the same creditworthiness as the Town and such assignment would not in any way impair the rights and interests of Competitive Supplier under this Agreement. The rights and obligations created by this Agreement shall inure to the benefit of, and be binding upon, the successors and permitted assigns of, the respective Parties hereto.

  • No Assignment This Agreement may not be assigned by any Party hereto except with the prior written consent of the other Parties.

  • Transfers or Assignments to a Third Party Financing Agent It is understood and agreed by the parties that a condition precedent to the consummation of the purchase (s) under the Contract may be the obtaining of acceptable third party financing by the Authorized User. The Authorized User shall make the sole determination of the acceptability of any financing proposal. The Authorized User will make all reasonable efforts to obtain such financing, but makes no representation that such financing has been obtained as of the date of Bid receipt. Where financing is used, Authorized User may assign or transfer its rights in Licensed Products (existing or custom) to a third party financing entity or trustee (“Trustee”) as collateral where required by the terms of the financing agreement. Trustee’s sole rights with respect to transferability or use of Licensed Products shall be to exclusively sublicense to Authorized User all of its Licensee’s rights under the terms and conditions of the License Agreement; provided, further, however, in the event of any termination or expiration of such sublicense by reason of payment in full, all of Trustee’s rights in such Licensed Product shall terminate immediately and Authorized User’s prior rights to such Existing Licensed Product shall be revived.

  • No Loans or Advances to Affiliates There are no outstanding loans, advances (except normal advances for business expenses in the ordinary course of business) or guarantees or indebtedness by the Company to or for the benefit of any of the officers or directors of the Company or any of their respective family members, except as disclosed in the Registration Statement, the Pricing Disclosure Package and the Prospectus.

  • Loans from Affiliates If any loans are made to the Company by an Affiliate of the Advisor, the maximum amount of interest that may be charged by such Affiliate shall be the lesser of (i) 1% above the prime rate of interest charged from time to time by The Bank of New York and (ii) the rate that would be charged to the Company by unrelated lending institutions on comparable loans for the same purpose. The terms of any such loans shall be no less favorable than the terms available between non-Affiliated Persons for similar commercial loans.

  • Certain Other Assignments and Participations In addition to any other assignment or participation permitted pursuant to this Section 11.6 any Lender may assign, pledge and/or grant a security interest in all or any portion of its Loans, the other Obligations owed by or to such Lender, and its Notes, if any, to secure obligations of such Lender including any Federal Reserve Bank as collateral security pursuant to Regulation A and any operating circular issued by such Federal Reserve Bank; provided that (1) no Lender, as between the Borrower and such Lender, shall be relieved of any of its obligations hereunder as a result of any such assignment and pledge, and (2) in no event shall the applicable Federal Reserve Bank, pledgee or trustee, be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

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