Common use of Transfer and Assumption Clause in Contracts

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consent, which may be withheld in Lender's reasonable and absolute discretion, and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.3, Borrowers shall have a one-time right to Transfer the Property to one or more parties (the "TRANSFEREE BORROWER") and have the Transferee Borrower assume all of Borrowers' obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"). Borrowers may make a written application to Lender for Lender's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.3. Together with such written application, Borrowers will pay to Lender the reasonable review fee then required by Lender. Borrowers also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consent, which may be withheld in Lender's reasonable and absolute discretion, and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.3, Borrowers Borrower shall have a one-time the right (which may not be exercised more than twice during the Term) to Transfer the Property to one or more parties (the "TRANSFEREE BORROWER") and have the Transferee Borrower assume all of Borrowers' Borrower's obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"). Borrowers Borrower may make a written application to Lender for Lender's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.3. Together with such written application, Borrowers Borrower will pay to Lender the reasonable review fee then required by Lender. Borrowers Borrower also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consentNotwithstanding the foregoing, which may be withheld in Lender's reasonable and absolute discretion, and but subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.35.26.2, Borrowers shall have a one-time right to Transfer all (but not less than all) of the Property Properties (which have not theretofore been released pursuant to one or more parties Section 2.4.2) to another party (the "TRANSFEREE BORROWERTransferee Borrower") and have the Transferee Borrower assume all of Borrowers' obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTIONTransfer and Assumption"). Borrowers may make a written application to Lender for Lender's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.35.26.2. Together with such written application, Borrowers will pay to Lender the reasonable review fee then required by Lender. Borrowers also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consent, which may be withheld in Lender's reasonable and absolute discretion, Notwithstanding the foregoing and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.35.26.2, Borrowers Borrower shall have a one-time right to Transfer the Property to one or more parties another party (the "TRANSFEREE BORROWER"“Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers' Borrower’s obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"“Transfer and Assumption”). Borrowers Borrower may make a written application to Lender for Lender's ’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs subsections (b) and (c) of this Section 5.26.35.26.2. Together with such written application, Borrowers Borrower will pay to Lender or Servicer the reasonable review fee then required by Lender, not to exceed $7,500 (and no such fee will be payable to both Lender and Servicer). Borrowers Borrower also shall pay on demand all of the actual out-of-pocket reasonable costs and expenses incurred by Lender, including reasonable attorneys' ’ fees and expenses, and and, if a Securitization has occurred, including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consent, which may be withheld in Lender's reasonable and absolute discretion, Notwithstanding the foregoing and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.35.26.2, Borrowers shall have a one-time the right to Transfer all (but not less than all) of the Property Properties (which have not theretofore been released pursuant to one or more parties Section 2.4.2 hereof) to another party (the "TRANSFEREE BORROWER"“Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers' ’ obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"“Transfer and Assumption”); provided, no more than one (1) Transfer and Assumption shall be permitted during the term of the Loan unless the Transferee Borrower is a Permitted Affiliate Transferee. Borrowers may make a written application to Lender for Lender's ’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.35.26.2. Together with such written application, Borrowers will pay to Lender the reasonable review fee then required by Lender. Borrowers also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' ’ fees and expenses, and and, if a Securitization has occurred, including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consentNotwithstanding the foregoing, which may be withheld in Lender's reasonable and absolute discretion, and but subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.35.26.2, Borrowers shall have a one-time right to Transfer all (but not less than all) of the Property Properties (which have not theretofore been released pursuant to one or more parties Section 2.4.2) to another party (the "TRANSFEREE BORROWER"“Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers' ’ obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"“Transfer and Assumption”). Borrowers may make a written application to Lender for Lender's ’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.35.26.2. Together with such written application, Borrowers will pay to Lender the reasonable review fee then required by Lender. Borrowers also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' ’ fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's ’s prior written consent, which may be withheld in Lender's ’s reasonable and absolute discretion, and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.3, Borrowers Borrower shall have a one-time the right (which may not be exercised more than twice during the Term) to Transfer the Property to one or more parties (the "TRANSFEREE BORROWER"“Transferee Borrower”) and have the Transferee Borrower assume all of Borrowers' Borrower’s obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"“Transfer and Assumption”). Borrowers Borrower may make a written application to Lender for Lender's ’s consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.3. Together with such written application, Borrowers Borrower will pay to Lender the reasonable review fee then required by Lender. Borrowers Borrower also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' ’ fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.

Transfer and Assumption. (a) Subject to obtaining Lender's prior written consent, which may be withheld in Lender's reasonable and absolute discretion, Notwithstanding the foregoing and subject to the terms and satisfaction of all of the conditions precedent set forth in this Section 5.26.3SECTION 5.26.2, Borrowers Borrower shall have a one-time right to Transfer the Property to one another party or more to multiple parties as part of a tenant-in-common form of ownership (in each such case, the "TRANSFEREE BORROWER") and have the Transferee Borrower assume all of Borrowers' Borrower's obligations under the Loan Documents, and have replacement guarantors and indemnitors assume all of the obligations of the indemnitors and guarantors of the Loan Documents (collectively, a "TRANSFER AND ASSUMPTION"). Borrowers Borrower may make a written application to Lender for Lender's consent to the Transfer and Assumption, subject to the conditions set forth in paragraphs (b) and (c) of this Section 5.26.3SECTION 5.26.2. Together with such written application, Borrowers Borrower will pay to Lender the reasonable review fee then required by Lender. Borrowers Borrower also shall pay on demand all of the reasonable costs and expenses incurred by Lender, including reasonable attorneys' fees and expenses, and including the fees and expenses of Rating Agencies and other outside entities, in connection with considering any proposed Transfer and Assumption, whether or not the same is permitted or occurs.