Common use of Sales or Participations Clause in Contracts

Sales or Participations. Lender may from time to time sell or assign the Notes, in whole or in part, or grant participations in the Notes and/or the obligations evidenced thereby without the consent of Borrower or Guarantor (other than as provided in the Credit Agreement), provided, however, Lender shall provide written notice to Borrower and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of Lender’s or such holder’s rights hereunder.

Appears in 12 contracts

Samples: Guaranty Agreement (Medytox Solutions, Inc.), Guaranty Agreement (Medytox Solutions, Inc.), Guaranty Agreement (Pharmagen, Inc.)

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Sales or Participations. Lender Buyer may from time to time sell or assign the NotesDebentures, in whole or in part, or grant participations in the Notes Debentures and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 7 contracts

Samples: Guaranty Agreement (Rennova Health, Inc.), Guaranty Agreement (Mota Group, Inc.), Guaranty Agreement (Star Mountain Resources, Inc.)

Sales or Participations. Lender may from time to time sell or assign the NotesNote, in whole or in part, or grant participations in the Notes Note and/or the obligations evidenced thereby without the consent of Borrower or Guarantor (other than as provided in the Credit Agreement), provided, however, Lender shall provide written notice to Borrower and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of Lender’s or such holder’s rights hereunder.

Appears in 4 contracts

Samples: Guaranty Agreement (Hypertension Diagnostics Inc /Mn), Guaranty Agreement (Pharmagen, Inc.), Guaranty Agreement (Pharmagen, Inc.)

Sales or Participations. Lender Buyer may from time to time sell or assign the NotesNote, in whole or in part, or grant participations in the Notes Note and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Jupiter Wellness, Inc.)

Sales or Participations. Lender Buyer may from time to time sell or assign the NotesNote, in whole or in part, or grant participations in the Notes Note and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor Guarantors (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor Guarantors of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor Guarantors was directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor Guarantors of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Jupiter Wellness, Inc.)

Sales or Participations. Lender may from time to time sell or assign the NotesNote, in collateral in its sole discretion, whole or in part, or grant participations in the Notes Note and/or the obligations evidenced thereby without the consent of Borrower or Guarantor (other than as provided in the Credit Agreement), provided, however, Lender shall provide written notice to Borrower and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of Lender’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Senior Secured Revolving Credit Facility Agreement (Revolutionary Concepts Inc)

Sales or Participations. Lender Buyer may from time to time sell or assign the NotesDebentures, in whole or in part, or grant participations in the Notes Debentures and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor the Guarantors (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor the Guarantors of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor the Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though each Guarantor was directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor the Guarantors of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Inventergy Global, Inc.)

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Sales or Participations. Lender Buyers may from time to time sell or assign the Notes, in whole or in part, or grant participations in the Notes and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor (other than as provided in the Credit Agreement)Guarantor, provided, however, Lender Buyers shall provide written notice to Borrower Company and Guarantor of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyers and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyers (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was directly indebted to such holder. Lender Buyers may in its discretion give notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyers’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Commercetel Corp)

Sales or Participations. Lender Buyer may from time to time sell or assign the NotesDebentures, in whole or in part, or grant participations in the Notes Debentures and/or the obligations evidenced thereby without the consent of Borrower Company or Guarantor Guarantors (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor Guarantors of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was Guarantors are directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor Guarantors of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Fat Brands, Inc)

Sales or Participations. Lender Buyer may from time to time sell or assign the NotesDebentures, in whole or in part, or grant participations in the Notes Debentures and/or the obligations evidenced thereby without the consent of Borrower Company or any Guarantor (other than as provided in the Credit Purchase Agreement), provided, however, Lender Buyer shall provide written notice to Borrower Company and Guarantor Guarantors of any such assignment or grant of participations. The holder of any such sale, assignment or participation, if the applicable agreement between Lender Buyer and such holder so provides, shall be: (a) entitled to all of the rights, obligations and benefits of Lender Buyer (to the extent of such holder’s interest or participation); and (b) deemed to hold and may exercise the rights of setoff or banker’s lien with respect to any and all obligations of such holder to Guarantor Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though Guarantor was Guarantors were directly indebted to such holder. Lender Buyer may in its discretion give notice to Guarantor Guarantors of such sale, assignment or participation; however, the failure to give such notice shall not affect any of LenderBuyer’s or such holder’s rights hereunder.

Appears in 1 contract

Samples: Guaranty Agreement (Pacific Ventures Group, Inc.)

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