Co-Lending Clause Samples
Co-Lending. 9.1 AHFL may at any time and in its own discretion enter into loan participation with 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 (the New Lender) with or without notice to the Borrower and in accordance with applicable directions of the RBI under the RBI Circular dated November 5, 2020 (as amended from time to time).
9.2 The details of the co-lending arrangement are set out in the Appendix I annexed herewith, which the Borrower must read carefully. The co-lending arrangement, if entered into by AHFL in respect of the Loan, will be read as part of this Loan Agreement.
9.3 Borrower shall upon an assignment, novation, securitization or transfer as specified in Article 8 or Article 9 above, being notified to Borrower by AHFL provide all information required by the New Lender for complying with all necessary “know your customer” or other similar checks under all applicable laws and regulations in relation to the Borrower including its business profession etc.
9.4 Borrower hereby agrees that AHFL may without any further consent of the Borrower transfer or assign all or any part of its Commitment and/ or Loan and/ or any of its rights and benefits under the Loan Documents in such manner and on such terms as AHFL may decide to any bank or financial institution without increasing the Borrower’s obligations and while so transferring, assigning or participating, AHFL may reserve to it a right to proceed against the Borrower on behalf of the purchaser, assignee, co-lender or transferee (the New Lender). AHFL reserves the aforesaid right, without any obligation to transfer or assign or share all or any part of its Commitment and/ or Loan or risk associated therewith.
10.1 Waiver not to impair the rights of AHFL
Co-Lending. (a) Notwithstanding that the Secured Guaranty guarantees the obligations of the borrower under each of the Other Loans, each of which Other Loans is evidenced by 3 separate promissory notes, Beneficiary agrees that the “Holder” (as defined in such promissory notes) of each such separate promissory notes for each Other Loan shall pursue the same remedies simultaneously under such promissory notes with respect to such Other Loan and under the Secured Guaranty and the Other Loan Documents relating to such Other Loan as if such Other Loan were evidenced by only one promissory note.
(b) Grantor and Guarantor shall be entitled to rely, shall be obligated to rely, and shall be fully protected in relying upon any written resolution, notice, consent, approval, waiver, certificate, affidavit, letter, telegram, facsimile, telex, e-mail, statement or other document (each a “Communication”) believed by it to be genuine and correct and solely to the extent that such Communication is signed, sent or made by all of AGL, VALIC and USL in connection with the Loan. Any Communication not signed or sent by or on behalf of all of AGL, VALIC and USL shall not be valid.
Co-Lending. Lender collectively hereby advises Borrower that they have appointed Prudential Mortgage Capital Company (“PMCC”) as their agent (the single agent for each of Prudential and VPCM) for administration and servicing of this Loan as of the date hereof, with Prudential Asset Resources, Inc. (“PAR”) acting as the subservicer for PMCC (and, accordingly, the single sub-servicer for each of Prudential and VPCM), subject to the rights of the Lender to change the servicing of the Loan. In any event, Lender shall appoint one single servicer (or shall designate one of the entities comprising Lender to act as servicer) for all holders of the Loan (but without limiting the right to require that all servicing deliveries be sent to all Lender parties for review simultaneously), and, as set forth above, such servicer may be a sub-servicer of the agent for the Lenders (such party is herein referred to as the “Single Servicer”). Subject to the right to replace the Single Servicer, Borrower shall be entitled to rely on consents, approvals, modifications and agreements (“Approvals”) from the Single Servicer as if such Approvals have been issued by Lender, and such Approvals from the Single Servicer shall be deemed to be made by and binding upon Lender.
Co-Lending. (a) Notwithstanding that the Loan is evidenced by the AGL Note, VALIC Note and the USL Note separately, Beneficiary agrees that the Holder (as defined in the Notes) of each of the Notes shall pursue the same remedies simultaneously under the Notes and under the other Loan Documents as if the Loan were evidenced by only one promissory note.
(b) Grantor and Guarantor shall be entitled to rely, shall be obligated to rely, and shall be fully protected in relying upon any written resolution, notice, consent, approval, waiver, certificate, affidavit, letter, telegram, facsimile, telex, e-mail, statement or other document (each a “Communication”) believed by it to be genuine and correct and solely to the extent that such Communication is signed, sent or made by all of AGL, VALIC and USL in connection with the Loan. Any Communication not signed or sent by or on behalf of all of AGL, VALIC and USL shall not be valid.
Co-Lending. Notwithstanding that Paragon and Foothill are defined as "the Lender" hereunder, Paragon shall have the exclusive right to carry out the provisions of the Loan Agreement on Paragon's behalf and as Foothill's agent, to enforce and collect the Loans and exercise and enforce all rights and privileges accruing to the Lender by reason of any other agreements, security, guarantees or claims given to Lender in connection with the Loan Agreement, all in accordance with Paragon's sole discretion and the exercise of Paragon's business judgment. Foothill shall undertake no action to enforce or collect the Loans or to exercise and enforce any rights and privileges accruing to the Lender without Paragon's express written consent. Executed as a sealed instrument this 15th day of July, 1998. CROWN BOOKS CORPORATION, Debtor-in-Possession (BORROWER) By: /s/ Anna ▇▇▇▇▇▇▇▇ ----------------------------------------- Print Name: Anna ▇▇▇▇▇▇▇▇ ------------------------------- Print Title: President and COO ------------------------------ CROWN BOOKS EAST CORPORATION, Debtor-in-Possession (BORROWER) By: /s/ Anna ▇▇▇▇▇▇▇▇ ----------------------------------------- Print Name: Anna ▇▇▇▇▇▇▇▇ ------------------------------- Print Title: President and COO ------------------------------
Co-Lending. MetLife is acting for itself and for MetLife Bank as the holders of the MetLife Note and the MetLife Bank Note, as servicer (in such capacity, MetLife and any subsequent servicer of the Loan as evidenced by written notice signed by the holders of the MetLife Note and the MetLife Bank Note and all persons with interests therein, is referred to as the “Servicer”) of the Loan. The Servicer shall act for Beneficiary for all matters in connection with the Loan, and shall be authorized to act on behalf of Beneficiary. Trustor shall be entitled to rely on any actions taken by the Servicer with respect to the Loan Documents, the Guaranty, the Indemnity Agreement and the Property. All submissions, approvals and consents made or obtained from or given by Trustor, or given by Beneficiary, shall be made or obtained from, or given by, the Servicer, but a copy of all submissions and requests for approvals and consents (together with supporting materials) shall be delivered to the holders of each of the MetLife Note and the MetLife Bank Note.
Co-Lending. (a) Notwithstanding that the Loan is evidenced by the VALIC Note and the NUF Note separately, Mortgagee agrees that the Holder (as defined in the Notes) of each of the Notes shall pursue the same remedies simultaneously under the Notes and under the other Loan Documents as if the Loan were evidenced by only one promissory note.
(b) Mortgager and Guarantor shall be entitled to rely, shall be obligated to rely, and shall be fully protected in relying upon any written resolution, notice, consent, approval, waiver, certificate, affidavit, letter, telegram, facsimile, telex, e-mail, statement or other document (each a “Communication”) believed by it to be genuine and correct and solely to the extent that such Communication is signed, sent or made by both VALIC and NUF in connection with the Loan. Any Communication not signed or sent by or on behalf of both VALIC and NUF shall not be valid.