Common use of Assignments to Federal Reserve Banks Clause in Contracts

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.2, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignments; provided that (i) no Lender shall, as between any Borrower, and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.210.1, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to (i) any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any (ii) if such Lender that is a fund that invests in bank loans may without the consent of or notice fund, (A) to the Administrative Agent trustee of such Lender as collateral security for the benefit of such Lender's investors or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by itB) to any trustee for, a collateral agent providing credit or any other representative of, holders of obligations owed, or securities issued, by credit support to such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignmentsLender; provided that (ix) no Lender shall, as between any Borrower, Borrower and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (iiy) in no event shall such Federal Reserve Bank or trustee be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.210.1, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignments; provided that (i) no Lender shall, as between any Borrower, Company and such Lender, be -------- relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.. Any Lender that is a fund that invests in bank loans may, without the consent of Administrative Agent or Company, pledge all or any portion of its Loans and Notes to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities, provided that any foreclosure or similar -------- action by such trustee or other representative shall be subject to the provisions of subsection 10.1B concerning assignments (including, without limitation, any required consents); provided further, that no Lender shall, as -------- ------- between Company and such Lender, be relieved of any of its obligations hereunder as a result of any such pledge. E.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.29.1, (i) any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes Note to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and , (ii) any Lender that is a an investment fund that invests in bank loans may may, without the consent of the Facility Manager or notice to the Administrative Agent or any BorrowerCompany, pledge all or any portion of its rights under this Agreement Loans and the other Loan Documents (including, without limitation, the its Notes held by it) to any trustee for, or any other representative of, of holders of obligations owed, owed or securities issued, issued by such fund, investment fund as security for such obligations or securities; provided that any foreclosure , and (iii) such pledge or similar action by such trustee assignment shall not be subject to the provisions of this subsection concerning assignments9.1B above; provided that (ix) no Lender shall, as between any Borrower, Company and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (iiy) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.210.1, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignments; provided that (i) no Lender shall, as between any Borrower, Company and such Lender, be -------- relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder. Any Lender which is an investment fund may pledge all or any portion of its Loans and Notes to its trustee in support of such investment fund's fees, expenses and indemnity obligations to such trustee; provided that no Lender shall, as between Company and such Lender, be relieved -------- of any of its obligations hereunder as a result of any such pledge.

Assignments to Federal Reserve Banks. In addition For the avoidance of doubt, the parties to this Agreement acknowledge that the assignments and participations permitted under the foregoing provisions of this subsection 10.2concerning assignments of Loans and Notes relate only to absolute assignments and that such provisions do not prohibit assignments creating security interests, including without limitation, any pledge or assignment by a Lender may assign and pledge all of any Loan or any portion of its Loans, the other Obligations owed to such Lender, and its Notes Note to any Federal Reserve Bank in accordance with applicable law; provided that (i) no Lender shall, as collateral security pursuant to Regulation A between Company and such Lender, be relieved of the Board any of Governors its obligations hereunder as a result of the Federal Reserve System any such assignment and any operating circular issued by pledge, (ii) in no event shall such Federal Reserve Bank; Bank be considered to be a "Lender" or be entitled to require the assigning Lender to take or omit to take any action hereunder and (iii) any Lender that is a fund that invests in bank loans may may, without the consent of or notice to the Administrative Agent or any BorrowerCompany, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) obligations hereunder to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; , provided further that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection section concerning assignments; provided that assignments (i) no Lender shall, as between including any Borrower, and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunderrequired consents).

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.2, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this 173 subsection concerning assignments; provided that (i) no Lender shall, as between any Borrower, and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “Lender” or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.2, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided PROVIDED that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignments; provided PROVIDED that (i) no Lender shall, as between any Borrower, and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the ------------------------------------ assignments and participations permitted under the foregoing provisions of this subsection 10.210.1, any Lender (without having to obtain the consent of Company or Administrative Agent) may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, Lender and its Notes to secure obligations of such Lender, including, without limitation, assignments and pledges to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; , and any Lender that which is a an investment fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the Notes or Loans to its trustee or other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, representatives of holders of such Notes or Loans to secure its obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by to such trustee shall be subject to the provisions of this subsection concerning assignmentsor other such representatives; provided that (i) no Lender shall, as between any Borrower, Company and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the assignments and participations permitted under the foregoing provisions of this subsection 10.2, any Lender may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, and its Notes to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; and any Lender that is a fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) to any trustee for, or any other representative of, holders of obligations owed, or securities issued, by such fund, as security for such obligations or securities; provided that any foreclosure or similar action by such trustee shall be subject to the provisions of this subsection concerning assignments; provided that (i) no Lender shall, as between any Borrower, and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.

Assignments to Federal Reserve Banks. In addition to the ------------------------------------ assignments and participations permitted under the foregoing provisions of this subsection 10.210.1, any Lender (without having to obtain the consent of Company or Administrative Agent) may assign and pledge all or any portion of its Loans, the other Obligations owed to such Lender, Lender and its Notes to secure obligations of such Lender, including, without limitation, assignments and pledges to any Federal Reserve Bank as collateral security pursuant to Regulation A of the Board of Governors of the Federal Reserve System and any operating circular issued by such Federal Reserve Bank; , and any Lender that which is a an investment fund that invests in bank loans may without the consent of or notice to the Administrative Agent or any Borrower, pledge all or any portion of its rights under this Agreement and the other Loan Documents (including, without limitation, the Notes held by it) or Loans to any trustee forits trustee, or any other representative of, representatives of holders of obligations owed, or securities issued, notes issued by such fund, as security for such or holders of obligations or securities; provided that any foreclosure or similar action owed by such fund, to secure its obligations to such trustee shall be subject to the provisions of this subsection concerning assignmentsor holders; provided that (i) no Lender shall, as between any Borrower, Company and such Lender, be relieved of any of its obligations hereunder as a result of any such assignment and pledge and (ii) in no event shall such Federal Reserve Bank be considered to be a “"Lender” " or be entitled to require the assigning Lender to take or omit to take any action hereunder.