Common use of Third Party Purchaser Clause in Contracts

Third Party Purchaser. The Lender shall have the unrestricted right at any time or from time to time, and without the Borrower’s consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender (each, an “Assignee”) and, the Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender shall have the unrestricted right at any time or from time to time, and without the Borrower’s 's (or any Guarantor's) consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “"Assignee”") and, the Borrower (and each Guarantor) agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the reasonable request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender Bank shall have the unrestricted right at any time or from time to time, and without the Borrower’s consent, but with notice to Borrowerconsent or any consent by any guarantor, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one the Federal Reserve Bank or more financial institutions approved by the Lender other government bodies authorized to make loans to banks (each, an “Assignee”) and, the Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Credit Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender Bank shall deem reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender Bank and any such Assignee and delivery of a reasonable lost note indemnity from the Bank or such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender Bank has retained any of its rights and obligations hereunder following such assignment, to the LenderBank, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender Bank prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender Bank after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation reasonably required by the Lender Bank in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender Bank and such Assignee, such Assignee shall be a party to this Credit Agreement and shall have all of the rights and obligations of the Lender Bank hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee Bank pursuant to the assignment documentation between the Lender Bank and Assignee, and the Lender Bank shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The So long as no Event of Default has occurred and is continuing (and otherwise without consent), Lender shall have the unrestricted right at any time or from time to time, and without with the Borrower’s consent, but with notice to consent of the Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender bank (each, each an “Assignee”) and), the and Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender Bank shall have the unrestricted right at any time or from time to time, and without the Borrower’s consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “Assignee”) and, the Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender Bank shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender Bank and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender Bank has retained any of its rights and obligations hereunder following such assignment, to the LenderBank, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender Bank prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender Bank after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender Bank in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender Bank and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender Bank hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee Bank pursuant to the assignment documentation between the Lender Bank and Assignee, and the Lender Bank shall be released from its obligations hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender Bank shall have the unrestricted right at any time or from time to time, and without the and, so long as no Event of Default exists, with Borrower’s (or any Guarantor’s) consent, but with notice not to Borrowerbe unreasonably withheld, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “Assignee”) and, the Borrower (and each Guarantor) agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender Bank shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender Bank and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender Bank has retained any of its rights and obligations hereunder following such assignment, to the LenderBank, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender Bank prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender Bank after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender Bank in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender Bank and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender Bank hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee Bank pursuant to the assignment documentation between the Lender Bank and Assignee, and the Lender Bank shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender Bank shall have the unrestricted right at any time or from time to time, and without the Borrower’s (or any Guarantor’s) consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “Assignee”) and, the Borrower (and each Guarantor) agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender Bank shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender Bank and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender Bank has retained any of its rights and obligations hereunder following such assignment, to the LenderBank, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender Bank prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender Bank after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender Bank in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender Bank and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender Bank hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee Bank pursuant to the assignment documentation between the Lender Bank and Assignee, and the Lender Bank shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The So long as no Event of Default has occurred and is continuing (and otherwise without consent), Lender shall have the unrestricted right at any time or from time to time, and without with the Borrower’s consent, but with notice to consent of the Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender bank (eacheach an "ASSIGNEE"), an “Assignee”) and, the and Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender shall have the unrestricted right at any time or from time to time, and without the Borrower’s consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “Assignee”) and, the Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignmentassignment and the original promissory notes shall be cancelled and returned to the Borrower. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender Bank shall have the unrestricted right at any time or from time to time, and without the Borrower’s (or any Guarantor’s) consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, an “Assignee”) and, the Borrower (and each Guarantor) agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender Bank shall deem reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender Bank and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender Bank has retained any of its rights and obligations hereunder following such assignment, to the LenderBank, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender Bank prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender Bank after giving effect to such assignment. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation reasonably required by the Lender Bank in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender Bank and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender Bank hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee Bank pursuant to the assignment documentation between the Lender Bank and Assignee, and the Lender Bank shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.

Third Party Purchaser. The Lender shall have the unrestricted right at any time or from time to time, and without the Borrower’s consent, but with notice to Borrower, to sell, assign, endorse, or transfer all or any portion of its rights and obligations hereunder to one or more financial institutions approved by the Lender banks or other entities (each, each an “Assignee”) and), the and Borrower agrees upon notice that it shall execute, or cause to be executed such documents as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, including without limitation, amendments to this Agreement and to any other documents, instruments and agreements executed in connection herewith as the Lender shall reasonably deem necessary to effect the foregoing. In addition, at the request of the Lender and any such Assignee, the Borrower shall issue one or more new promissory notes, as applicable, as long as said documents do not contain and/or effectuate any material changes to the Note, Loan Agreement and all related documents, to any such Assignee and, if the Lender has retained any of its rights and obligations hereunder following such assignment, to the Lender, which new promissory notes shall be issued in replacement of, but not in discharge of, the liability evidenced by the note held by the Lender prior to such assignment and shall reflect the amount of the respective commitments and loans held by such Assignee and the Lender after giving effect to such assignment. The Lender will return to Borrower the original Note issued in connection with this Agreement at the same time when the new notes are issued. Upon the execution and delivery of appropriate assignment documentation, amendments and any other documentation required by the Lender in connection with such assignment, with copies of the foregoing to Borrower, and the payment by Assignee of the purchase price agreed to by the Lender and such Assignee, such Assignee shall be a party to this Agreement and shall have all of the rights and obligations of the Lender hereunder (and under any and all other guaranties, documents, instruments and agreements executed in connection herewith) to the extent that such rights and obligations have been assigned by the Lender and assumed by Assignee pursuant to the assignment documentation between the Lender and Assignee, and the Lender shall be released from its obligations obligation hereunder and thereunder to a corresponding extent.