Sales or Participations. Lender may from time to time sell or assign, in whole or in part, or grant participations in the Liabilities, the Note and/or the obligations evidenced thereby. The holder of any such sale or assignment, but not of any 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; 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, in each case as fully as though Guarantor were directly indebted to such holder. Lender will 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 3 contracts
Samples: Limited Guaranty Agreement (Generation Income Properties, Inc.), Limited Guaranty Agreement (Generation Income Properties, Inc.), Limited Guaranty Agreement (Generation Income Properties, Inc.)
Sales or Participations. Lender Each Lender, may from time to time sell or assign, in whole or in part, or grant participations in the LiabilitiesLoan, the Note and/or the obligations evidenced thereby. The holder of any such sale sale, assignment or assignment, but not of any participation, if the applicable agreement between Lender the applicable lender and such holder so provides, provides shall be: (a) entitled to all of the rights, obligations and benefits of the applicable Lender; 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, in each case as fully as though Guarantor were directly indebted to such holder. The applicable Lender will shall give written notice to Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of such Lender’s or such holder’s rights hereunder.
Appears in 3 contracts
Samples: Guaranty Agreement (Avatar Holdings Inc), Guaranty Agreement (Avatar Holdings Inc), Guaranty Agreement (Avatar Holdings Inc)
Sales or Participations. Lender Lender, may from time to time sell or assign, in whole or in part, or grant participations in the Liabilities, the Note Credits and/or the obligations evidenced thereby. The holder of any such sale sale, assignment or assignment, but not of any participation, if the applicable agreement between Lender the applicable lender and such holder so provides, provides shall be: (a) entitled to all of the rights, obligations and benefits of the Lender; 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, in each case as fully as though Guarantor were directly indebted to such holder. Lender will shall give written 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
Sales or Participations. Lender may from time to time sell or assign, in whole or in part, or grant participations in the LiabilitiesLoan, the Note and/or the obligations evidenced thereby. The holder of any such sale sale, assignment or assignment, but not of any 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 LenderLender to the extent permitted by law; and (b) deemed to hold and may exercise the rights of setoff or banker’s 's lien with respect to any and all obligations of such holder to each Guarantor, in each case as fully as though each Guarantor were directly indebted to such holder. Lender will may in its discretion give notice to any Guarantor of such sale, assignment or participation; however, the failure to give such notice shall not affect any of Lender’s 's or such holder’s 's rights hereunder.
Appears in 1 contract