Loan Participations. Borrower acknowledges and agrees that Lender may, from time to time, sell or offer for sale participation interests in the Loan and the Loan Instruments to one or more participants. Borrower authorizes Lender to disseminate any information it has pertaining to the Loan, including, without limitation, complete and current credit information of Borrower or any of its principals to any participant or prospective participant in the Loan.
Loan Participations. Borrower acknowledges and agrees that Lender reserves the right to, and shall be permitted to, sell or offer to sell participation interests in the Loan and the Security Documents to one or more participants. Borrower authorizes Lender to disseminate any information that it has pertaining to the Loan, including without limitation financial statements and credit reports and other information relating to Borrower, or otherwise relating to the Project, to any participant or prospective participant in the Loan.
Loan Participations. Prior to the Effective Time, (a) Seller will transfer out of Seller’s loan portfolio, or otherwise exclude from the Transferred Assets, any Affiliate Participations, and (b) Seller will obtain the return to Seller’s portfolio of the Purchased Loans any participations therein that were previously sold to Seller’s Affiliates by Seller. The sum of the amount of the participations transferred pursuant to clause (a) minus the amount of the participations returned pursuant to clause (b) shall be referred to as the “Participation Adjustment”.
Loan Participations. Upon reasonable prior notice, Stewardship shall use commercially reasonable efforts to provide Columbia with access to the originating lenders of the Loan Participations for the purpose of enabling Columbia to conduct reasonable due diligence on such Loan Participations; provide that Columbia shall not contract or communicate with the participants of such Loan Participations in any manner relating to Stewardship or Stewardship’s business without Stewardship’s prior approval and Stewardship shall have the right to participate in any such contact or communication.
Loan Participations. Borrower will allow Lender to review ------------------- participations from unaffiliated financial institutions, from time to time, and Lender, at its discretion, may limit the Subsidiary Banks' purchase of participations from unaffiliated financial institutions as Lender may deem advisable under sound banking practices.
Loan Participations. SL Bank has Previously Disclosed a list and description of all loan participations entered into between, on the one hand, SL Bank and any third party which are reflected on the books and records of SL Bank. A true and complete copy of each document relating to each loan participation has been delivered or made available to the Purchaser Parties.
Loan Participations. Subject to the provisions of this Section 6.23, nothing contained in this Agreement shall be construed as preventing Lender, at any time after the date hereof, from selling, pledging, assigning or transferring the Note so long as the Mortgage Lender has consented thereto, and in connection with any such sale, pledge, assignment or transfer from assigning this Agreement to the purchaser of the Note; provided that as a condition precedent to any such transfer, the assignee shall be required to execute a joinder to the existing Intercreditor Agreement among Borrower’s existing lenders. Notwithstanding the foregoing, the Note is issued as a fully registered instrument and will be registered to the Lender on the books of Borrower (within the meaning of Treasury Regulation Section 1.871-14(c)(1)(i)(A)). The Borrower as registrar of the Note shall treat the Lender as the absolute owner thereof (unless the Borrower has been given notice of the transfer of the Note, in accordance with the provisions of the following sentence) for all purposes, including the right to receive payments of principal of, and interest on, the Note. The right to receive the principal of, and interest on, the Note may be transferred only upon the delivery to the Borrower of written notice of such transfer, duly executed by the registered owner of the Note (or its attorney-in-fact or legal representative) containing information sufficient to enable the Borrower to identify each owner of an interest in the Note, and the surrender of the existing instrument and the reissuance by Borrower to the new holder of such instrument or a replacement instrument. Each successor holder shall acknowledge that in order to obtain the benefit of the “portfolio interest exemption,” such holder shall provide the necessary withholding certificates (i.e., form W-8). Each permitted transfer of ownership of an interest in the Note shall be reflected by an entry on the books of the Borrower after receipt of such notice of transfer. Upon any such sale, pledge, assignment or transfer of the Note and upon assignment of this Agreement to the purchaser of the Note, Lender shall be released and discharged from any liability or responsibility with respect to the Loan Documents and references to “Lender” in this Agreement shall, with respect to any matters thereafter occurring, be deemed to be references to the purchaser of the Note.
Loan Participations. PBB has Previously Disclosed a list and description of all loan participations entered into between, on the one hand, PBB and any third party which are reflected on the books and records of PBB. A true and complete copy of each document relating to each loan participation has been delivered to Manhattan.
Loan Participations. Lender shall have the right to participate with one or more other banks or lending institutions in making the Loan referred to herein, and Lender shall have the right to assign, in whole or in part, its rights and interests in and to this Loan and the Loan Documents to such other participating banks or lending institutions. Said banks or lending institutions so participating shall have all of the rights and interests of Lender according to their respective participations or their participating agreements with Lender. Upon receipt of notice of the identity and address of each such participant and request of Lender, Borrower shall thereafter immediately supply such participants with the same information and reports communicated to Lender. In connection with any sales or attempted sales of one or more participations in the Loan, Lender shall have the right to provide financial and other information and documents concerning the Borrower, any Guarantor, any affiliate, and the Loan to the prospective participants, and Borrower for itself and the Guarantors and affiliates waives any right to financial privacy concerning any such disclosures. Borrower waives any and all notices of sale of participation interests, all notices of any repurchase of such participation interests and all notices of issuance of notes or securities which are in whole or in part collateralized by this Loan. Borrower waives all rights of offset or counterclaim that it may have now or later against any issuer of notes or securities, or against any purchaser of such a participation interest and unconditionally agrees that such issuer or purchaser may enforce Borrower’s obligations under the Loan irrespective of the failure or insolvency of Lender or any holder of any interest in the Loan, and irrespective of any personal claims, counterclaims or defenses that Borrower may have against Lender.
Loan Participations. Seller has not issued or sold any loan participations which might expose Seller to direct or indirect recourse liability to the participant, pursuant to any written or verbal agreements or understandings with such participant.
