Loan Participation. Borrower acknowledges and agrees that Lender may, from time to time, sell or offer to sell interests in the Loan to one or more participants. Borrower authorizes Lender to disseminate any information it has pertaining to the Loan, including, without limitation, credit information on Borrower or any of its principals, to any such participant or prospective participant.
Loan Participation. Bank shall have the unrestricted right at any time and from time to time, and without the consent of or notice to Borrower, to grant to one or more banks or other financial institutions (each, a “Participant”) participating interests in Bank’s obligation to lend hereunder and/or any or all of the loans held by Bank hereunder. In the event of any such grant by Bank of a participating interest to a Participant, whether or not upon notice to Borrower, Bank shall remain responsible for the performance of its obligations hereunder and Xxxxxxxx shall continue to deal solely and directly with Bank in connection with Bank’s rights and obligations hereunder. Bank may furnish any information concerning Borrower in its possession from time to time to prospective Assignees and Participants, provided that Bank shall require any such prospective Assignee or Participant to agree in writing to maintain the confidentiality of such information.
Loan Participation. (a) If requested by Lender, Borrower will cooperate with Lender to provide any prospective Participant with information to enable the prospective Participant to purchase a participation.
Loan Participation. The Lender may, in its sole discretion, participate or assign all or a portion of the Loan to one or more lending institutions (Co-lenders or Participants). In the event the Lender assigns all or a portion of the Loan to a Co-Lender, the Lender's responsibility for the funding of that portion of the Loan will terminate upon the assumption by the Co-Lender of such responsibility. Lender may, but will not be obliged to serve as agent for the Co-Lenders with respect to the Loan.
Loan Participation. Borrower understands that Lender may from time to time enter into a participation agreement or agreements with one or more participants pursuant to which each such participant shall be given a participation in the Loan and that any such participant may from time to time similarly grant to one or more subparticipants subparticipations in the Loan. Borrower agrees that any participant or subparticipant may exercise any and all rights of banker’s lien or set-off with respect to Borrower during the existence of any Event of Default, as fully as if such participant or subparticipant had made a loan directly to Borrower in the amount of the participation or subparticipation given to such participant or subparticipant in the Loan. For the purposes of this Section 9.23 only, Borrower shall be deemed to be directly obligated to each participant or subparticipant in the amount of its participating interest in the amount of the principal of, and interest on, the Loan. Nothing contained in this Section 9.23 shall affect Lender’s right of set-off (under Section 8.1(d) or any other right under applicable law) with respect to the entire amount of the Loan, notwithstanding any such participation or subparticipation. Lender may divulge to any participant or subparticipant all information, reports, financial statements, certificates and documents obtained by it from Borrower or any other person under any provision of this Agreement or otherwise, and Lender shall have any prospective participant execute a confidentiality agreement regarding such information; provided, however, and notwithstanding the foregoing, Lender shall not have any liability or obligation to Borrower, any Guarantor or any direct or indirect owner of Borrower or any Guarantor in the event that any such prospective participant or actual participant does not keep such information confidential. Notwithstanding the foregoing, Lender’s obligations under this Agreement shall remain unchanged. Lender shall remain solely responsible to Borrower for the performance of such obligations and Borrower shall continue to deal solely and directly with Lender in connection with Lender’s rights and obligations under this Agreement. Any Agreement or instrument pursuant to which Lender sells such a participation shall provide that Lender shall retain the sole right to enforce this Agreement and to approve any amendments, modifications or waiver of any provision of this Agreement. No participation of any part of this Loan wi...
Loan Participation. (a) Notwithstanding anything herein to the contrary, at the sole discretion of the TFC, TFC may elect, upon the terms and subject to the conditions set forth in this Section 2.11, to fund the full amount or any portion of the Loan without additional Lenders, provided that TFC has entered into written participation agreements acceptable to TFC in its sole and absolute
Loan Participation. With respect to each Loan, the Loan Participation shall include, without limitation: (i) all rights of the Participating Investors to payments from the borrower under or arising from any and all of the Investment Documents; (ii) all duties and obligations of the Investors under the Investment Documents; (iii) any and all rights of the Participating Investors with respect to any security given for payment by the borrower of the Loan (or any portion or refinancing thereof): and (iv) all costs, expenses, losses and liabilities incurred (including, without limitation, reasonable attorney's fees and other costs and expenses of collection and enforcement and losses due to late performance or nonperformance by the borrower of its obligations under the Investment Documents) by the Participating Investors in connection with the Loan.
Loan Participation. Borrower agrees that Bank may provide any information Bank may have about Borrower or about any matter relating to the Note to BANK ONE CORPORATION, or any of its subsidiaries or affiliates or their successors, or to any one or more purchasers or potential purchasers of the Note. Borrower agrees that Bank may at any time sell, assign or transfer one of more interests or participations in all or any part of its rights or obligations in the Note to one or more purchases whether or not related to Bank.
Loan Participation. Borrower acknowledges and agrees that Lender may, from time to time, sell or offer to sell interests in the Loan and Loan Documents to one or more participants; provided, however, Lender shall continue to be responsible for administration of the Loan. Borrower authorizes Lender to disseminate to such participant or prospective participant, any information it has pertaining to the Loan, including without limitation, complete and current credit information on the Borrower, any of its principals and any guarantor. THE WRITTEN LOAN DOCUMENTS REPRESENT THE FINAL AGREEMENT BETWEEN THE PARTIES AND MAY NOT BE CONTRADICTED BY EVIDENCE OF PRIOR, CONTEMPORANEOUS OR SUBSEQUENT ORAL AGREEMENTS OF THE PARTIES. THERE ARE NO UNWRITTEN ORAL AGREEMENTS BETWEEN THE PARTIES.
Loan Participation. Borrower agrees and consents to Lender's sale or transfer, whether now or later, of one or more participation interests in the Loan to one or more purchasers, whether related or unrelated to Lender. Lender may provide, without any limitation whatsoever, to any one or more purchasers, or potential purchasers, any information or knowledge Lender may have about Borrower or about any other matter relating to the Loan, and Borrower hereby waives any rights to privacy Borrower may have with respect to such matters. Borrower additionally waives any and all notices of sale of participation interests, as well as all notices of any repurchase of such participation interests. Borrower also agrees that the purchasers of any such participation interests will be considered as the absolute owners of such interests in the Loan and will have all the rights granted under the participation agreement or agreements governing the sale of such participation interests. Borrower further waives all rights of offset or counterclaim that it may have now or later against Lender or against any purchaser of such a participation interest and unconditionally agrees that either Lender or such purchaser may enforce Borrower's obligation under the Loan irrespective of the failure or insolvency of any holder of any interest in the Loan. Borrower further agrees that the purchaser of any such participation interests may enforce its interests irrespective of any personal claims or defenses that Borrower may have against Lender.
