Participations and Information. The Bank may sell participation interests in any or all of the Loans and in all or any portion of the Commitment to any Person. The Bank may furnish any information concerning the Borrower in the possession of the Bank from time to time to participants and prospective participants and may furnish information in response to credit inquiries consistent with general banking practice.
Participations and Information. The Lender may sell participation interests in any or all of the Discretionary Loans and in all or any portion of the Discretionary Facility to any Person. The Lender may furnish any information concerning the Borrower in the possession the Lender from time to time to participants and prospective participants and may furnish information in response to credit inquiries.
Participations and Information. Each Bank may sell ------------------------------ participation interests in any or all of the Loans and in all or any portion of its Individual Revolving Credit Commitment to any Person without the consent of the Borrower, the Administrative Bank, or any other Bank.
Participations and Information. The Lenders may at any time sell, assign or transfer one or more interests or participations in all or any part of its rights or obligations in this Agreement (including all or a portion of its Revolving Commitment and the Loans owing to it) and/or any of the other Loan Documents to any Person. The Lenders may furnish any information concerning the Borrower in the possession of the Lender from time to time to Affiliates of the Lender in connection with banking business of the Lender or such Affiliates and to participants and prospective participants and may furnish information in response to credit inquiries consistent with general banking practice.
Participations and Information. The Lender may at any time sell, assign or transfer one or more interests or participations in all or any part of its rights or obligations in this Agreement and/or any of the other Loan Documents to any Person. The Lender may furnish any information concerning the Borrower in the possession of the Lender from time to time to affiliates of the Lender in connection with banking business of the Lender or such affiliates and to participants and prospective participants and may furnish information in response to credit inquiries consistent with general banking practice.
Participations and Information. (a) The Bank may sell participation interests in and assign its interest in any or all of the Advances and in all or any portion of the Commitment to any Person.
(b) The Bank shall use reasonable efforts to assure that information about the Borrowers and their operations, affairs and financial condition, not generally disclosed to the public or to trade and other creditors, which is furnished to the pursuant to the provisions hereof is used only for the purposes of this Agreement and any other relationship between the Bank and the Borrower and shall not be divulged to any Person other than the Bank, its affiliates and their respective officers, directors, employees and agents, except: (i) to their attorneys and accountants, (ii) in connection with the enforcement of the rights of the Bank hereunder and under the Loan Documents or otherwise in connection with applicable litigation, (iii) in connection with assignments and participations and the solicitation of prospective assignees and participants referred to in Section 3(a) hereof, (iv) if such information is generally available to the public other then as a result of disclosure by the Bank, (v) to any direct or indirect contractual counterparty in any hedging arrangement or such contractual counterparty's professional advisor, (vi) to any nationally recognized rating agency that requires information about the Bank's investment portfolio in connection with ratings issued with respect to the Bank, and (vii) as may otherwise be required or requested by any regulatory authority having jurisdiction over the Bank or by any applicable law, rule, regulation or judicial process, the opinion of the Bank's counsel concerning the making of such disclosure to be binding on the parties hereto. Neither the Bank shall incur any liability to the Borrower by reason of any disclosure permitted by this Section.
(c) The Bank may disclose to any assignee or participant and to any prospective assignee or participant any and all financial information in the Bank's possession concerning the Borrowers or any of their subsidiaries which has been delivered to the Bank by or on behalf of the Borrowers or any of their subsidiaries pursuant to this Agreement or which has been delivered to the Bank by or on behalf of the Borrowers or any of their subsidiaries in connection with the Bank's credit evaluation of the Borrowers or any of their subsidiaries prior to entering into this Agreement, provided that prior to disclosing such informa...
Participations and Information. Lender may sell participation interests in any or all of the Loans to any Person. Lender may furnish any information concerning the Borrowers (or any of them) in the possession of the Lender from time to time to affiliates of the Lender in connection with lending business of the Lender or such affiliates, and to participants and prospective participants, and may furnish information in response to credit inquiries consistent with general commercial lending practice. LOANAND SECURITY AGREEMENT - PAGE 40 MENDOCINO BREWING COMPANY, INC. By: Name: Title: RELETA BREWING COMPANY LLC By: Name: Title: MARQUETTE BUSINESS CREDIT, INC. By: Name: Title: EXHIBIT A FORM OF BORROWING BASE CERTIFICATE EXHIBIT B FORM OF COMPLIANCE CERTIFICATE EXHIBIT C FORM OF LEGAL OPINION SCHEDULE A Additional Terms and Covenants SCHEDULE 1.1 Commercial Tort Claims SCHEDULE 5.1 (a) Jurisdictions in Which Each Borrower is Qualified as a Foreign Corporation SCHEDULE 5.1 (c) Capital Stock/Membership Interests and Subsidiaries SCHEDULE 5.1 (g) Liens SCHEDULE 5.1 (h) Indebtedness for Money Borrowed and Guaranties SCHEDULE 5.1 (i) Litigation
(1) ERISA Benefit Plans SCHEDULE 5.1 (o) Locations of inventory SCHEDULE 5.1 (p) Location of Chief Executive Office SCHEDULE 5.1 (q) Corporate and Fictitious Names SCHEDULE 9.1 Real Property Leases SCHEDULE 10.6 List of trademarks, patents, etc. LOANAND SECURITY AGREEMENT - PAGE 41 State of California County of _________________ On November ____, 2006 before me, _________________________, the _____________________ of MENDOCINO BREWING COMPANY, INC., a California corporation personally appeared _____________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. Signature _______________________________ State of California County of _________________ On November ____, 2006 before me, ________________________, the _____________________ of RELETA BREWING COMPANY LLC, a New York limited liability company, personally appeared ______________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name...
Participations and Information. The Buyer may sell participation interests in any or all of the Purchase Commitment and the Open Transactions to any Person. The Buyer may furnish any information concerning the Sellers in the possession of the Buyer from time to time to participants and prospective participants and may furnish information in response to credit inquiries consistent with general banking practice.
Participations and Information. The Agent may sell participation interests in any or all of the Loans to any Person. The Agent may furnish any information concerning the Borrower in the possession of the Agent from time to time to participants and prospective participants and may furnish information in response to credit inquiries consistent with general banking practice.
Participations and Information. Each Bank may sell participation interests in any or all of the Loans and in all or any portion of its Individual Revolving Credit Commitment to any Person without the consent of the Borrower, the Administrative Bank, or any other Bank, but only so long as: (a) the transfer is an Exempt Transfer; or (b) if not an Exempt Transfer: then no holder of any such participation, other than a Bank Affiliate of such Bank, shall be entitled to require such Bank to take or omit to take any action hereunder, except that such Bank may agree with such participant that such Bank will not, without such participant's consent, take any action which would increase any Commitment, extend the Revolving Credit Termination Date, or the Maturity of any Loan, or extend the due date for or reduce the amount of any payment of principal of or rate of interest on any Loan or any Letter of Credit Commission, or other fees accruing hereunder or under any other Loan Document. No Bank shall, as between the Borrower and such Bank, be relieved of any of its obligations hereunder as a result of any such granting of a participation.
