Transfer by Lender. Subject to any limitations set forth in the Loan Agreement, Lender may, at any time, sell, transfer or assign any of the Loan Documents, and any or all servicing rights with respect thereto, or grant participations therein or issue securities evidencing a beneficial interest in a rated or unrated public offering or private placement (the “Securities”) to any affiliate of Lender or to the Small Business Administration. Lender may forward to each purchaser, transferee, assignee, servicer, participant or investor in such Securities or any credit rating agency rating such Securities (the foregoing entities hereinafter collectively referred to as the “Investor”) and each prospective Investor, all documents and information which Lender now has or may hereafter acquire relating to Guarantor, whether furnished by Borrowers, Guarantor or otherwise, as Lender determines necessary or desirable. Guarantor agrees, upon request of Lender, to cooperate with Lender in connection with any transfer made or any Securities created pursuant to this Section 8(a) provided there is no material financial or other burden to Guarantor of doing so and provided such cooperation does not require an amendment to this Guaranty which would in any manner increase the obligations of Guarantor hereunder. Guarantor shall also furnish and Guarantor hereby consents, subject to Lender’s obligations hereunder, to Lender furnishing to such Investors or such prospective Investors any and all information concerning the financial condition of Guarantor as provided for in this Section 8(a) in connection with any sale, transfer or participation interest. Notwithstanding the foregoing, in the event that Lender delivers any such information to a prospective Investor, Lender will notify Guarantor to such effect.
Transfer by Lender. Lender may sell, transfer or assign this Agreement or any portion thereof, and deliver to the transferee(s) ("Holder") all or any portion of the Collateral, and the Holder shall thereupon become vested with all rights herein given to Lender with respect thereto and at such time “Lender” hereunder shall include the "Holder"; and Lender shall thereafter be fully discharged from any liability to Borrower, but Lender shall retain all rights hereby with respect to any Collateral not so transferred, sold or assigned.
Transfer by Lender. Lender may sell, transfer or assign this Agreement or any portion thereof, and deliver to the transferee(s) ("Holder") all or any portion of the property then held by it as security hereunder, and the Holder shall thereupon become vested with all the power and rights herein given to Lender with respect thereto and at such time the term "Lender" as herein used shall be deemed to mean and include the "Holder"; and Lender shall thereafter be forever relieved and fully discharged from any and all liability or responsibility to Borrower, but Lender shall retain all rights and powers hereby given with respect to property not so transferred, sold or assigned.
Transfer by Lender. In addition to its rights under clause 24.3 and subject to clause 24.10, each Lender may at any time at no cost to the Borrower and the other Lender, with the consent of the Borrower (such consent not to be unreasonably withheld or delayed and, in any event, such consent or refusal to be granted or refused within ten days of the proposed transfer) transfer in accordance with this clause 24.5 to any one or more entities acting through a UK Lending Office all or any of its rights, benefits and obligations hereunder, in which case such transfer may be effected by the delivery to the relevant Lender of a duly completed and duly executed Transfer Certificate and payment of a fee of (pound)500 by the proposed transferee whereupon:
(a) to the extent that in such Transfer Certificate the relevant Lender seeks to transfer its rights, benefits and/or its obligations hereunder as a Lender, the Borrower, the relevant Lender and the other Lender(s) shall each be released from further obligations to the other hereunder and their respective rights and benefits against each other hereunder shall be cancelled (such rights, benefits and obligations being referred to in this clause as "discharged rights and obligations");
(b) the Borrower, the remaining Lender(s) and the transferee party thereto shall each assume obligations towards and/or acquire rights and benefits from each other hereunder which differ from such discharged rights and obligations only insofar as the Borrower and such transferee have assumed and/or acquired the same in place of the Borrower and the transfering Lender; and
(c) such transferee shall become a party hereto as a Lender.
Transfer by Lender. The Lender may transfer any of its rights to payment but not its obligations under this Agreement.
Transfer by Lender. Notwithstanding the provisions of ------------------ Section 19
(a) hereof restricting assignment of this Lease, this Lease may be assigned to the lender by judicial or non-judicial foreclosure or by assignment in lieu of foreclosure (without, however, releasing Redeveloper from any of its obligations hereunder) without further consent of Agency or any assumption agreement by the lender, the liability of the lender being limited to the period of its possession or ownership of this Lease. No other or further assignment shall be made except in accordance with the provisions of Section 19(a) of this Lease.
Transfer by Lender. The Lender may assign or transfer all or any part of its rights, benefits and/or obligations under this Agreement and/or any of the other Security Documents to any one or more banks or other financial institutions (a “Transferee”) (i) if the Transferee is a company affiliated to, or in the same group or ownership or control as the Lender, or an Event of Default has occurred which is continuing, without the consent of the Borrower and (ii) otherwise, with the prior written consent of the Borrower (such consent not to be unreasonably withheld) provided always that any such Transferee, by delivery of such undertaking as the Lender may approve, becomes bound by the terms of this Agreement and agrees to perform all or, as the case may be, the relevant part of the Lender’s obligations under this Agreement.
Transfer by Lender. The Lender may at any time (i) change its office through which the Loan is made available or (ii) cause all or any part of its rights, benefits and/or obligations under this Agreement and the other Security Documents to be transferred or assigned without the consent of the Borrower or the Corporate Guarantor to a wholly-owned banking subsidiary or associated company of the Lender or with the consent (which should not be unreasonably withheld) of the Borrower to any third party (in either case a “Transferee Lender”) provided always that any such Transferee Lender, by delivery of such undertaking as the Lender may approve, becomes bound by the terms of this Agreement and agrees to perform all or, as the case may be, relevant part of the Lender’s obligations under this Agreement the rights and equities of the Borrower or of any other Security Party referred to above include, but are not limited to, any right of set-off and any other kind of cross-claim. The Lender shall give a notice to the Borrower at least 14 Banking Days if such transfer or assignment is to any third party.
Transfer by Lender. Lender may assign, negotiate, pledge or otherwise hypothecate all or any portion of this Agreement or grant participation herein, or in any of its rights and security hereunder or under any Loan Documents, including the Mortgage and Note and, in case of such assignment, Borrower will accord full recognition thereto and agree that all rights and remedies of Lender in connection with the interest so assigned shall be enforceable against Borrower by such assignee with the same force and effect and to the same extent as the same would have been enforceable by Lender but for such assignment. In connection with any such assignment, participation or other transfer, Borrower agrees that Lender may deliver copies to any potential participant or other transferee of all documents, instruments, financial statements and other information from time to time furnished to Lender pursuant to or in connection with this Agreement. Borrower shall not assign, attempt to assign or suffer the assignment of its rights under this Agreement either voluntarily or by operation of law.
Transfer by Lender. The Lender may transfer any of its rights and obligations under any Finance Document subject to the minuted approval of the Borrower’s board of directors.
