Common use of Transfer and Assumption Clause in Contracts

Transfer and Assumption. (a) Notwithstanding the foregoing and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.2, Borrowers shall have the right to Transfer all (but not less than all) of the Properties (which have not theretofore been released pursuant to Section 2.4.2 hereof) to another party (the “Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers’ obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a “Transfer and Assumption”). Borrowers may make a written application to Lender for Lender’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.

Appears in 2 contracts

Samples: Loan Agreement (American Realty Capital New York City REIT, Inc.), Loan Agreement (American Finance Trust, Inc)

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Transfer and Assumption. (a) Notwithstanding the foregoing and foregoing, but subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.2, Borrowers shall have the a one-time right to Transfer all (but not less than all) of the Properties (which have not theretofore been released pursuant to Section 2.4.2 hereof2.4.2) to another party (the “Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers’ obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a “Transfer and Assumption”). Borrowers may make a written application to Lender for Lender’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.

Appears in 1 contract

Samples: Loan Agreement (Supertel Hospitality Inc)

Transfer and Assumption. (a) Notwithstanding the foregoing and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section SECTION 5.26.2, Borrowers Borrower shall have the a one-time right to Transfer all (but not less than all) of the Properties (which have not theretofore been released pursuant to Section 2.4.2 hereof) Property to another party or to multiple parties as part of a tenant-in-common form of ownership (in each such case, the “Transferee Borrower”"TRANSFEREE BORROWER") and have the Transferee Borrower assume all of Borrowers’ Borrower's obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a “Transfer and Assumption”"TRANSFER AND ASSUMPTION"). Borrowers Borrower may make a written application to Lender for Lender’s 's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26SECTION 5.

Appears in 1 contract

Samples: Loan Agreement (Behringer Harvard Reit I Inc)

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Transfer and Assumption. (a) Notwithstanding the foregoing and foregoing, but subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.2, Borrowers shall have the a one-time right to Transfer all (but not less than all) of the Properties (which have not theretofore been released pursuant to Section 2.4.2 hereof2.4.2) to another party (the "Transferee Borrower") and have the Transferee Borrower assume all of Borrowers' obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "Transfer and Assumption"). Borrowers may make a written application to Lender for Lender’s 's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.

Appears in 1 contract

Samples: Loan Agreement (Humphrey Hospitality Trust Inc)

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