Common use of Sales or Participations Clause in Contracts

Sales or Participations. Lender may from time to time sell or assign the Loan, in whole or in part, or grant participations in the Loan and/or the obligations evidenced thereby without the consent of Company or Guarantors (other than as provided in the Credit Agreement). 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 Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though Guarantors were directly indebted to such holder. Lender may in its discretion give notice to Guarantors 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 2 contracts

Samples: Guaranty Agreement (Pulse Network, Inc.), Guaranty Agreement (Pulse Network, Inc.)

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Sales or Participations. Lender may from time to time sell or assign the Loan, in whole or in part, or grant participations in the Loan and/or the obligations evidenced thereby without the consent of Company Borrower or Guarantors Guarantor (other than as provided in the Credit Agreement). 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 Guarantors Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantors were Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantors 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 2 contracts

Samples: Guaranty Agreement (SRAX, Inc.), Guaranty Agreement (Mint Leasing Inc)

Sales or Participations. Lender may from time to time sell or assign either Note and/or the Loan, in whole or in part, or grant participations in the Loan either Note and/or the obligations evidenced thereby without the consent of Company Borrower or Guarantors Guarantor (other than as provided in the Credit AgreementNotes). 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 Guarantors Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantors were Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantors 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 2 contracts

Samples: Settlement and General Release Agreement (Ronco Brands, Inc.), Guaranty Agreement (Ronco Brands, Inc.)

Sales or Participations. Lender may from time to time sell or assign the Loan, in whole or in part, or grant participations in the Loan and/or the obligations evidenced thereby without the consent of Company Borrower or Guarantors (other than as provided in the Credit Agreement). 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 Guarantors (to the extent of such holder’s interest or participation), in each case as fully as though Guarantors were directly indebted to such holder. Lender may in its discretion give notice to Guarantors 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 2 contracts

Samples: Senior Secured Credit Facility Agreement (Drone USA Inc.), Guaranty Agreement (Sack Lunch Productions Inc.)

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Sales or Participations. Lender may from time to time sell or assign the Loan, in whole or in part, or grant participations in the Loan and/or the obligations evidenced thereby without the consent of Company any Credit Parties or Guarantors Guarantor (other than as provided in the Credit Agreement). 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 Guarantors Guarantor (to the extent of such holder’s interest or participation), in each case as fully as though Guarantors were Guarantor was directly indebted to such holder. Lender may in its discretion give notice to Guarantors 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: Guaranty Agreement (Mint Leasing Inc)

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