Changes to the Lender Clause Samples

Changes to the Lender. 23.1 The Lender may, at any time, with the Borrower’s prior consent (unless an Event of Default has occurred and is continuing), assign any of its rights and/or transfer all or any of its rights, benefits and/or obligations in respect of the Facility, for this purpose the Lender may make such disclosure in relation to the Facility subject to the terms set out in Clause 23.4. 23.2 If: 23.2.1 the Lender assigns or transfers any of its rights or obligations under this Agreement pursuant to Clause 23.1 or changes its Facility Office; and 23.2.2 as a result of the circumstances existing at the date the assignment, transfer or change occurs, the Borrower would be obliged to make a payment to the relevant bank or financial institution or the Lender acting through its other office under Clauses 12 (Tax Gross-Up and Indemnities) or 13 (Increased Costs), then the relevant bank or financial institution or the Lender acting through its other Facility Office is only entitled to receive payment under those clauses to the same extent as the Lender acting through its previous Facility Office would have been if the assignment, transfer or change had not occurred. 23.3 The Borrower acknowledges that any person to which the rights, benefits and/or obligations of the Lender may from time to time be so assigned or transferred shall be entitled to the benefit of this Agreement and each other Finance Document as if such person had constituted an original lender under this Agreement to the extent of such assignment or transfer. 23.4 The Borrower agrees that, save as expressly provided in this Clause 23, any assignment or transfer by the Lender, as the case may be, shall as regards the Borrower, be on such terms as are customary in the wholesale lending market in relation to assignments or transfers by the Lender and that they will at the expense of the Lender execute and deliver, or procure the execution and delivery of, such document(s) as may be reasonably required by the Lender to effect such assignment or transfer. 23.5 The Lender agrees that it shall keep confidential and not disclose such information relating to the Borrower, any other Obligor, the Project or any Transaction Document or any document, certificate or instrument delivered to the Lender thereunder as shall come into their possession whether or not in relation to the Facility, except: 23.5.1 to any prospective assignee, new lender or sub-participant (or agent or advisor of any of the foregoing); 23.5.2 to their ...

Changes to the Lender. Assignments and transfers by the Lender Subject to this Clause 23, the Lender may: 23.

Changes to the Lender. (a) Subject to paragraph (b) below, the Lender may at any time after making the Loan available on the Utilisation Date assign, with the Borrower’s prior written consent (which consent may not be unreasonably withheld) any of its rights or transfer by novation any of its rights and obligations to any person (the “New Lender”). (b) The consent of the Borrower shall not be required for any assignment or transfer under paragraph (a) above where such assignment or transfer is made at the time when an Event of Default is continuing.

Changes to the Lender. Each of Junior Parties and the Junior Creditors agree to and consent to any assignment of rights or transfer of rights and obligations by a Lender of its rights and/or obligations under any Finance Document (including any Security created under the Finance Documents) made in accordance with clause 24 (Changes to Lender) of the Facility Agreement.

Changes to the Lender. 19.1 Prior to the termination of the Acquisition Agreement, the Lender may not assign any of its rights and/or novate any of its obligations under the Finance Documents, other than with the prior written consent of W3C. 19.2 On and from the termination of the Acquisition Agreement, the Lender may assign all or any of its rights and/or novate any of its obligations under the Finance Documents without the prior written consent of W3C (provided that (x) no such assignment or novation may be made to a person (i) whose principal business is in direct competition with W3C or any member of the Group, (ii) who is a supplier of W3C or any member of the Group or (iii) is a customer of W3C or any member of the Group and (y) (i) such assignee shall deliver to W3C an Internal Revenue Service Form W-9 of such assignee, duly executed by such assignee or (ii) the parties hereto shall have amended this agreement to include standard US withholding tax provisions). Notwithstanding anything to the contrary in this Agreement, no assignment, novation, or other transfer of rights pursuant to this Clause 19.2 shall be valid unless registered as provided in Clause 19.3, and any such invalid transfer shall be void ab initio. 19.3 The Lender, acting solely for this purpose as a non-fiduciary agent of the Obligors, shall maintain at one of its offices a register for the recordation of the names and addresses of any assignee pursuant to Clause 19.2 (an “Assignee Lender”), and the commitments of, and principal amounts (and stated interest) of the Loan owing to, each Assignee Lender pursuant to the terms hereof from time to time (the “Register”). The entries in the Register shall be conclusive absent manifest error, and the Obligors and the Lender shall treat each Assignee Lender as a lender hereunder for all purposes of this Agreement. The Register shall be available for inspection by the Obligors at any reasonable time and from time to time upon reasonable prior notice. If the Lender sells a participation, the Lender shall, acting solely for this purpose as a non-fiduciary agent of the Obligors, maintain a register on which it enters the name and address of each participant and the principal amounts (and stated interest) of each participant’s interest in the Loan or other obligations under the Finance Documents (the “Participant Register”); provided that no Lender or Assignee Lender shall have any obligation to disclose all or any portion of the Participant Register (including the ide...

Changes to the Lender. Assignments and transfers by the Lender (a) assign (cederen) any of its rights; or (b) transfer by way of assumption of contract (contractsoverneming) its entire or part of its legal relationship, under any Finance Document to another bank or financial institution or to a trust, fund or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets, but not to a fund or other party whose business is to purchase distressed debt. In the event that the Lender so assigns any of its rights or transfers its legal relationship, the Obligors shall give any assistance which the Lender reasonably requires as a result of such assignment or transfer, including (without limitation) agreeing to amend this Agreement and any other Finance Documents as the Lender and the Parent may agree. The costs of any such transfer shall not be for the account of the Obligors.

Changes to the Lender. ‌ The Lender may not assign or transfer any of its rights and obligations under the Finance Documents other than to an Affiliate of the Lender (which remains an Affiliate following such assignment or transfer) or if an Event of Default has been continuing for 20 consecutive Business Days following notification of such Event of Default by the Lender to the Company.

Changes to the Lender. 23.1 Assignments and transfers by the Lender The Lender may at any time assign, transfer, delegate or offer participations in all or a proportion of its rights and obligations under the Finance Documents.

Changes to the Lender. 18.1Assignments and transfers by the Lender Subject to this Clause 18, the Lender may: (a) assign any of its rights; or (b) transfer by novation any of its rights and obligations, to another person which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets.