Common use of Successors and Assigns Participations Clause in Contracts

Successors and Assigns Participations. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and assigns, provided, however, that except as provided in Section 21(b) below it may not be assigned by either party hereto without the prior written consent of the other party hereto, and any purported assignment in violation of this provision shall be null and void. (b) Section 21(a) above notwithstanding, Bank may from time to time, in its sole and absolute discretion and without the Trust's further consent, (i) assign this Agreement and the Loans to any affiliate of Bank which is a bank (as defined in the 0000 Xxx) or (ii) sell participations in any Loan or Loans, provided, however, that, in the case of any such sale of participations, Bank's obligations under this Agreement shall remain unchanged and it shall remain solely responsible to the Trust for its performance thereof.

Appears in 2 contracts

Samples: Loan and Pledge Agreement (Underlying Funds Trust), Loan and Pledge Agreement (Underlying Funds Trust)

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Successors and Assigns Participations. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and assigns, provided, however, that except as provided in Section 21(b) below it may not be assigned by either party hereto without the prior written consent of the other party hereto, and any purported assignment in violation of this provision shall be null and void. (b) Section 21(a) above notwithstanding, Bank may from time to time, in its sole and absolute discretion and without the Trust's Borrower’s further consent, (i) assign this Agreement and the Loans to any affiliate of Bank Bank, which is a bank (as defined in the 0000 Xxx) 1940 Act), or (ii) sell participations in any Loan or Loans, provided, however, that, that in the case of any such sale of participations, Bank's ’s obligations under this Agreement shall remain unchanged and that it shall remain solely responsible to the Trust Borrower for its performance thereof.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Kayne Anderson MLP Investment CO)

Successors and Assigns Participations. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and assigns, provided, however, that except as provided in Section 21(b) below it may not be assigned by either party hereto without the prior written consent of the other party hereto, and any purported assignment in violation of this provision shall be null and void. (b) Section 21(a) above notwithstanding, Bank may from time to time, in its sole and absolute discretion and without the TrustBorrower's further consent, (i) assign this Agreement and the Loans to any affiliate of Bank which is a bank (as defined in the 0000 1000 Xxx) or (ii) sell participations in any Loan or Loans, provided, however, that, in the case of any such sale of participations, Bank's obligations under this Agreement shall remain unchanged and it shall remain solely responsible to the Trust Borrower for its performance thereof.

Appears in 1 contract

Samples: Loan Agreement (Aip Alternative Strategies Funds)

Successors and Assigns Participations. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and assigns, provided, however, that except as provided in Section 21(b21 (b) below it may not be assigned by either party hereto without the prior written consent of the other party hereto, and any purported assignment in violation of this provision shall be null and void. (b) Section 21(a) above notwithstanding, Bank may from time to time, in its sole and absolute discretion and without the TrustBorrower's further consent, (i) assign this Agreement and the Loans to any affiliate of Bank Bank, which is a bank (as defined in the 0000 Xxx) 1940 Act), or (ii) sell participations in any Loan or Loans, provided, however, that, that in the case of any such sale of participations, Bank's obligations under this Agreement shall remain unchanged and that it shall remain solely responsible to the Trust Borrower for its performance thereof.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Boulder Growth & Income Fund)

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Successors and Assigns Participations. (a) This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective representatives, successors and assigns, provided, however, that except as provided in Section 21(b) below it may not be assigned by either party hereto without the prior written consent of the other party hereto, and any purported assignment in violation of this provision shall be null and void. (b) Section 21(a) above notwithstanding, Bank may from time to time, in its sole and absolute discretion and without the TrustBorrower's further consent, (i) assign this Agreement and the Loans to any affiliate of Bank which is a bank (as defined in the 0000 Xxx1940 Act) or (ii) sell participations parxxxxxxxxxns in any Loan or Loans, provided, however, that, in the case of any such sale of participations, Bank's obligations under this Agreement shall remain unchanged and it shall remain solely responsible to the Trust Borrower for its performance thereof.

Appears in 1 contract

Samples: Loan and Pledge Agreement (Alternative Investment Funds)

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