Transfers by the Lender. The Lender may at any time assign or transfer any part of the Commitment and/or any of its rights and/or obligations under the Finance Documents to a third party.
Transfers by the Lender. The following will apply:
Transfers by the Lender. The Existing Lender may transfer at any time by novation all (but not part) of its rights and obligations under the Finance Documents to any other person (the “New Lender”).
Transfers by the Lender. 21.1.1 The Lender (the Existing Lender) may transfer by novation all (but not part) of its rights and obligations under the Finance Documents to any of its Affiliates (the New Lender) provided that such transfer does not result in any additional costs becoming due from the Borrower under the Finance Documents (to the extent such additional costs would not have become due if the relevant transfer had not occurred) including in connection with any requirement following such transfer to re-execute or amend the Transaction Security in favour of the New Lender and any stamp duty, registration tax or other similar Tax which may be payable in respect of such Transaction Security.
21.1.2 A transfer by the Lender will only be effective to the extent the Existing Lender and the New Lender execute a Transfer Certificate.
21.1.3 Other than to the extent set out in Clause 21.1.1, the Lender shall not assign any of its rights or transfer any of its rights or obligations under the Finance Documents.
Transfers by the Lender. The Company hereby expressly acknowledges and consents to the assignment by Bristol of its rights under this Agreement to Marlxx xxx the assignment by Marlxx xx its rights under this Agreement to the Marlxx Xxxenture Trustee pursuant to the Deeds of Assignment, and acknowledges and consents to the pledge by Bristol of its rights hereunder to Marlxx xxxsuant to the Bristol Water Security Agreement, dated as of the date hereof between Bristol and Marlxx xxx the pledge by Marlxx xx certain of its rights hereunder to the Marlxx Xxxenture Trustee (together with Marlxx, "Xermitted Assignees") as contemplated in the Indenture. All references to the "Lender" hereunder shall be deemed to include such Permitted Assignees so long as the Deeds of Assignment and the Indenture are in effect.
Transfers by the Lender. TRANSFER AGREEMENTS Each Lender (a "TRANSFEROR LENDER") may (subject to clause 24.8) transfer, all or any part of its Rights and Duties under the Finance Documents to NTFC Capital Corporation, Export Development Corporation of Canada or to another financial institution with reasonable experience of lending to the emerging broadband telecommunications services sector with a credit rating of at least Baa2 with Moodx'x Investors Services Inc. (a "TRANSFEREE") after consultation with the Borrower but without the consent of any party. Any such transfer shall be effected upon not less than 5 Banking Days' prior notice by delivery to the Agent of a duly completed Transfer Certificate duly executed by the Transferor
Transfers by the Lender. The Lender may, without any cost or creation of additional tax obligations to the Borrower (relative to that in respect of the Lender originally named in this Agreement), at any time assign all or any of its rights or transfer by novation all or any of its rights and obligations under this Agreement to the ECA Insurer or to a Participant. The consent of the Borrower is required for all other assignments or transfers, PROVIDED THAT there will be no need for obtaining the consent of the Borrower and the Borrower will be liable for any additional tax obligations if the assignment or transfer is made:
(i) whilst an Event of Default or an Event of Mandatory Prepayment is continuing;
(ii) if a withholding tax exemption in force as at the date of this Agreement cannot be maintained or is revoked, terminated or not renewed; or
(iii) pursuant to consultations made in accordance with clause 10 (Mitigation)
Transfers by the Lender a) Any Lender (the Existing Lender) may at any time
(i) effect a change of its Facility Office without the prior consent of the Borrower or of the Facility Agent by informing the Facility Agent of the new Facility Office (which, in turn, shall inform the Borrower thereof);
(ii) may transfer, assign, pledge or otherwise grant a security interest in all or any part of its claims arising out of the Facilities to the European Central Bank or another supra-national bank, a central bank, a member of the European Central Bank system, a development bank, the European Investment Bank or any banking institution corresponding thereto informally and without providing notice to, or obtaining the consent of, any party to any Finance Document. However, this is subject to the condition precedent that
(A) the Existing Lender is not (partially) released from its obligations under this Agreement as a consequence of the transfer, assignment, pledge or other security interest and the European Central Bank or another supra-national bank, a central bank, a member of the European Central Bank system, a development bank the European Investment Bank or any banking institution corresponding thereto does not accede as a party to this Agreement or another Finance Document; and
(B) on the basis of the transfer, assignment, pledge or other security interest, the Lender or the Guarantor is not obliged to make a payment and grant rights to any person exceeding the payments to be made in each case to the Existing Lender or exceeding the rights to which it is entitled under the Finance Documents;
(iii) may not, without the prior consent of the Lender, transfer its rights and obligations under the Finance Documents to an Affiliate or to another Existing Lender or to an Affiliate of another Lender or transfer the same by way of novation [Vertragsübernahme]; and
(iv) may assign its rights or obligations under the Finance Documents with the consent of the Lender to another bank or financial institution or transfer the same by way of contract novation. If the Borrower fails to respond favorably or unfavorably to an inquiry by the Existing Lender as to the intended Transfer pursuant to this section a)(iv) within 5 Business Days, then consent to the intended Transfer shall be deemed to have been granted. In the context of this inquiry, reference shall be made to the constructive consent after expiration of the 5 Business Day deadline without a response. For as long as a Default is present and cont...
Transfers by the Lender. The Lender may only assign, transfer or novate any of, or any interest in, its rights and/or obligations under the Finance Documents to another financial institution if (i) the prior written consent of the Borrower shall have been previously obtained and (ii) no such assignment, transfer or novation shall be made the direct effect of which is to increase the Borrower's liability beyond the level to which it would have been subject had such assignment, transfer or novation not occurred Provided that nothing shall prevent the Lender from sub-participating its rights under the Finance Documents to a third party at any time.
