Common use of Assignment by Lender Clause in Contracts

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the Bonds, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgages, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; , provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsAgreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Agreement.

Assignment by Lender. (1) This Subject to the conditions contained herein, this Agreement, and the obligations right to receive payments of Borrower to make payments hereunderprincipal of, premium, if any, and interest on the Bond and Loan Payments, as assignee of Issuer, directly from Borrower, may be transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its executionLender, without the necessity of obtaining the consent of Issuer Borrower or BorrowerIssuer, to an Affiliate or QIB; provided, howeverLender shall retain all servicing responsibilities associated with the Loan in the event of a transfer, that no such assignment or reassignment to an Affiliate. In the event of a sale or transfer to an Affiliate, Lender shall be effective unless and until (a) certify to Issuer and Borrower that such transferee is an Affiliate which is a QIB. In the event of a sale or transfer to a QIB that is not an Affiliate, Lender shall have received notice provide to Issuer and Borrower a written statement representing that such transferee is a QIB and such transferee shall deliver to Issuer and Borrower a letter of representation substantially in the form of Exhibit H hereto which shall contain a certification that the transferee is a QIB as provided in this Agreement. Upon assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the Bonds, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignmentreassignment, Borrower will reflect in a book-entry the assignee designated in such notice the written request of assignmentassignment or in a written certification of an Affiliate delivered to Issuer and Borrower pursuant to this Section, and shall agree to make all payments to the assignee designated in the notice of assignmentsuch written request, notwithstanding notwithstanding‌ any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgages, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Property and in this Agreement.. Borrower shall pay all reasonable expenses of Issuer including reasonable fees and expenses of counsel in connection with such transfer and assignment.‌

Assignment by Lender. (1) This Loan Agreement, and the obligations right to receive payments of Borrower principal of, premium, if any, and interest on the loan from Lender to make payments hereunderIssuer and Loan Payments, as assignee of Issuer, directly from Borrower, may be transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender without the consent of Borrower or Issuer at any time subsequent to its executionan Affiliate, without Accredited Investor or Qualified Institutional Buyer. In the necessity event of obtaining the consent of Issuer or Borrower; provideda transfer to an Affiliate, however, that no such assignment or reassignment Lender shall be effective unless and until (a) certify to Issuer and Borrower that such transferee entity is an Affiliate. In the event of a sale or transfer to an Accredited Investor or a Qualified Institutional Buyer, the Lender shall have received notice provide to Issuer and Borrower a written statement representing that the purchaser is an Accredited Investor or a Qualified Institutional Buyer and the purchaser shall include in its letter of representations substantially in the assignment form of Exhibit D hereto a representation that it is an Accredited Investor or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, and (b) in a Qualified Institutional Buyer. In the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsLoan Agreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice the written request of assignmentassignment or in a written certification of an Affiliate delivered to Borrower pursuant to this Section, and shall agree to make all payments to the assignee designated in the notice of assignmentsuch written request, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Loan Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Loan Agreement. Lender or assignee shall pay all reasonable expenses of Issuer, including reasonable fees and expenses of counsel, in connection with such transfer and assignment.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; , provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsAgreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Mortgaged Property and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers the purchaser of the Bonds Bond or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer (except as stated below) or Borrower; provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the BondsBond, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsBond, Issuer shall have consented in writing to such assignment or reassignment and such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgages, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the Bonds, subassignee and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsAgreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower; provided, further, that there shall not be more than one person acting as lender or servicer hereunder at any one time; and provided, finally, that no such assignment shall amend the terms hereof or require Borrower to pay any fees or expenses in connection with such assignment. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers purchaser of the Bonds Bond or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the BondsBond, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsBond, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgages, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers purchaser of the Bonds Bond or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; providedPROVIDED, howeverHOWEVER, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the BondsBond, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsBond, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Agreement.

Assignment by Lender. (1) This Agreement, and the obligations of Borrower to make payments hereunder, may be assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers the purchaser of the Bonds Bond or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Issuer or Borrower; provided, however, that no such assignment or reassignment shall be effective unless and until (a) Issuer and Borrower shall have received notice of the assignment or reassignment disclosing the name and address of the assignee or subassignee, which notice Issuer shall maintain as evidence of the ownership and registration of the BondsBond, and (b) in the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsBond, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice of assignment, and shall agree to make all payments to the assignee designated in the notice of assignment, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgages, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Property and in this Agreement.

Assignment by Lender. (1) This Subject to the conditions contained herein, this Agreement, and the obligations right to receive payments of Borrower principal of, premium, if any, and interest on the loan from Lender to make payments hereunderIssuer and Loan Payments, as assignee of Issuer, directly from Borrower, may be transferred, assigned and reassigned in whole or in part to one or more assignees or subassignees (who shall be purchasers of the Bonds or an interest therein) by Lender at any time subsequent to its execution, without the necessity of obtaining the consent of Borrower or Issuer to an Affiliate or Borrower; providedQualified Institutional. In the event of a sale or transfer to an Affiliate, however, that no such assignment or reassignment Lender shall be effective unless and until (a) certify to Issuer and Borrower that such transferee entity is an Affiliate. In the event of a sale or transfer to a Qualified Institutional Buyer, Lender shall have received notice provide to Issuer and Borrower a written statement representing that such transferee is a Qualified Institutional Buyer and such transferee shall deliver to Issuer and Borrower a letter of representations substantially in the assignment or reassignment disclosing form of Exhibit D hereto which shall contain a certification that the name and address of the assignee or subassignee, which notice Issuer shall maintain transferee is a Qualified Institutional Buyer as evidence of the ownership and registration of the Bonds, and (b) provided in this Agreement. In the event that such assignment or reassignment is made to a bank or trust company as trustee for holders of certificates representing interests in this Agreement and the BondsAgreement, such bank or trust company agrees to maintain, or cause to be maintained, a book-entry system by which a record of the names and addresses of such holders as of any particular time is kept and agrees, upon request of Issuer or Borrower, to furnish such information to Issuer or Borrower. Upon receipt of notice of assignment, Borrower will reflect in a book-entry the assignee designated in such notice the written request of assignmentassignment or in a written certification of an Affiliate delivered to Issuer and Borrower pursuant to this Section, and shall agree to make all payments to the assignee designated in the notice of assignmentsuch written request, notwithstanding any claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Agreement or otherwise) that Issuer and Borrower may from time to time have against Lender or the assignee. Issuer and Borrower agree to execute all documents, including replacement bonds, notices of assignment and chattel mortgagesmortgages or financing statements, which may be reasonably requested by Lender or its assignee to protect their interest in the Collateral Equipment and in this Agreement. Lender or assignee shall pay all reasonable expenses of Issuer, including reasonable fees and expenses of counsel, in connection with such transfer and assignment.