Consent And Assumption Agreement Sample Contracts

Medalist Diversified REIT, Inc. – Modification, CONSENT AND ASSUMPTION AGREEMENT WITH RELEASE (October 5th, 2018)

This Modification, Consent and Assumption Agreement With Release (this "Agreement") is entered into as of April , 2017 by and among MEDALIST FUND I-A, LLC, a Delaware limited liability company ("Seller"), with an address of 11 S. 12th Street, Suite 401, Richmond, Virginia 23219; MDR FRANKLIN SQUARE, LLC, a Delaware limited liability company ("Buyer"), with an address of 11 S. 12th Street, Suite 401, Richmond, Virginia 23219; WILLIAM RICHARD ELLIOTT, with an address at 9 Albemarle Avenue, Richmond, Virginia 23226, and THOMAS EDWARD MESSIER, with an address at 207 Massie Road, Richmond, Virginia 23221 (collectively, "Original Principal"), and MEDALIST DIVERSIFIED REIT, INC., a Maryland corporation having an address at 11 S. 12th Street, Suite 401, Richmond, Virginia 23219 ("REIT" and, together with Original Principal, collectively, "Principal"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION COMM

Medalist Diversified REIT, Inc. – Modification, CONSENT AND ASSUMPTION AGREEMENT WITH RELEASE (August 1st, 2018)

This Modification, Consent and Assumption Agreement With Release (this "Agreement") is entered into as of April , 2017 by and among MEDALIST FUND I-A, LLC, a Delaware limited liability company ("Seller"), with an address of 11 S. 12th Street, Suite 401, Richmond, Virginia 23219; MDR FRANKLIN SQUARE, LLC, a Delaware limited liability company ("Buyer"), with an address of 11 S. 12th Street, Suite 401, Richmond, Virginia 23219; WILLIAM RICHARD ELLIOTT, with an address at 9 Albemarle Avenue, Richmond, Virginia 23226, and THOMAS EDWARD MESSIER, with an address at 207 Massie Road, Richmond, Virginia 23221 (collectively, "Original Principal"), and MEDALIST DIVERSIFIED REIT, INC., a Maryland corporation having an address at 11 S. 12th Street, Suite 401, Richmond, Virginia 23219 ("REIT" and, together with Original Principal, collectively, "Principal"); and WELLS FARGO BANK, NATIONAL ASSOCIATION, AS TRUSTEE FOR THE REGISTERED HOLDERS OF DEUTSCHE MORTGAGE & ASSET RECEIVING CORPORATION COMM

American Realty Capital Healthcare Trust III, Inc. – Consent and Assumption Agreement With Release (November 12th, 2015)

This Consent and Assumption Agreement with Release (this "Agreement") dated as of the 14th day of August, 2015, is made by and among RGA REINSURANCE COMPANY, a Missouri corporation, ("Lender"), ICM VI-PHILIP CENTRE, LP, a Georgia limited partnership, ("Seller"), BRUCE TIMM ("Original Guarantor"), ARHC PPLVLGA01, LLC, a Delaware limited liability company ("Buyer") and AMERICAN REALTY CAPITAL HEALTHCARE TRUST III, INC., a Maryland corporation ("Guarantor") with reference to the following facts:

Inland Real Estate Income Trust, Inc. – RECORDING REQUESTED BY AND AFTER RECORDING RETURN TO: Polsinelli PC (December 22nd, 2014)
This Exhibit Has Been Redacted and Is the Subject of a Confidential Treatment Request. Redacted Material Is Marked With [* * *] and Has Been Filed Separately With the Securities and Exchange Commission. Consent and Assumption Agreement (November 12th, 2013)

This CONSENT AND ASSUMPTION AGREEMENT (the Agreement) is made as of the 4th day of September, 2013, by and between and Verastem, Inc., a Delaware corporation (Verastem) and Encarta, Inc., a Delaware corporation (Encarta) and is joined in by Poniard (assignment for the benefit of creditors), LLC, a California limited liability company, in its sole and limited capacity as Assignee for the Benefit of Creditors of Poniard Pharmaceuticals, Inc. (Poniard ABC) for the limited purposes set forth herein.

Griffin-American Healthcare REIT II, Inc. – Space Above This Line for Recorders Use Consent and Assumption Agreement (May 6th, 2010)

This Consent and Assumption Agreement (Assumption Agreement) is dated as of the 30th day of April, 2010 (Closing Date), between and among WELLS FARGO BANK, N.A. (f/k/a WELLS FARGO BANK MINNESOTA, N.A.), AS TRUSTEE FOR THE REGISTERED HOLDERS OF CREDIT SUISSE FIRST BOSTON MORTGAGE SECURITIES CORP., COMMERCIAL MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2003-CPN1 (the Noteholder), whose Master Servicer is Midland Loan Services, Inc. (Midland), having an address of 10851 Mastin, Suite 300, Overland Park, Kansas 66210, G&E HC REIT II HIGHLANDS RANCH MEDICAL PAVILION, LLC, a Delaware limited liability company (the Assumptor), having its address at 1551 N. Tustin Ave., Suite 300, Santa Ana, CA 92705, GRUBB & ELLIS HEALTHCARE REIT II, INC., a Maryland corporation (the Substitute Indemnitor), HRMED, LLC, a Colorado limited liability company (Borrower), having its address at c/o The Colorado Group, Inc., 3434 47th St., Suite 220, Boulder, Colorado 80301 and WILLIAM SCOTT REICHENBERG, an individua

Consent and Assumption Agreement (December 8th, 2009)

This Consent and Assumption Agreement ("Agreement") is made as of December 7, 2009 by and among ROCK OF AGES CORPORATION, a Delaware corporation ("Existing Company"), ROCK OF AGES CORPORATION (VERMONT) ("New Company"), CAROLINA QUARRIES, INC. ("Carolina") and PENNSYLVANIA GRANITE CORP. ("Pennsylvania"; and together with Existing Company, New Company and Carolina, each individually, a "Company" and collectively the "Companies") the financial institutions party to the Financing Agreement (as defined below) as lenders ("Lenders"), and THE CIT GROUP/BUSINESS CREDIT, INC., as agent for Lenders ("Agent").

CONSENT AND ASSUMPTION AGREEMENT WITH RELEASE [No New Money Is Being Advanced by Lender] (May 8th, 2009)

This Consent and Assumption Agreement with Release (this Agreement) is made by and among 1334 YORK, LLC, a Delaware limited liability company (New Borrower); SOTHEBYS, a Delaware corporation (New Guarantor); 1334 YORK AVENUE L.P., a Delaware limited partnership; (Original Borrower), Aby Rosen, an individual, and Michael Fuchs, an individual (collectively, Original Guarantor), and BANK OF AMERICA, N.A., a national banking association, as authorized agent for (i) Wells Fargo Bank, N.A., as Trustee for Banc of America Commercial Mortgage Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-4, (ii) LaSalle Bank National Association, as Trustee for the Registered Holders of Banc of America Commercial Mortgage, Inc., Commercial Mortgage Pass-Through Certificates, Series 2005-5, and (iii) Capital Trust, Inc. (Lender), and MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, Inc., a Delaware corporation (MERS), dated as of February 6, 2009 (the Effective Date) with reference to the following

Consent and Assumption Agreement (January 7th, 2009)

THIS CONSENT AND ASSUMPTION AGREEMENT (this Agreement), dated to be effective as of December 31, 2008, by and between BOB EVANS FARMS, INC., an Ohio corporation (Bob Evans), successor by merger to BEF Holding Co., Inc., a Delaware corporation (the Existing Borrower), and JPMorgan Chase Bank, N.A. (Bank).

Dupont Fabros Technology – Consent and Assumption Agreement (October 18th, 2007)

This Consent and Assumption Agreement (this Agreement) is entered into effective as of , 2007 by and among DUPONT FABROS TECHNOLOGY, INC., a Maryland corporation (REIT), DUPONT FABROS TECHNOLOGY, L.P., a Maryland limited partnership (New Parent Borrower), SAFARI VENTURES LLC, a Delaware limited liability company (Safari), RHINO EQUITY LLC, QUILL EQUITY LLC, LEMUR PROPERTIES LLC AND PORPOISE VENTURES LLC, each a Delaware limited liability company (Original Subsidiary Borrowers; New Parent Borrower, Safari and Original Subsidiary Borrowers collectively know as, New Borrowers), and KEYBANK NATIONAL ASSOCIATION, as Agent for the Lenders (Agent).

Foxhollow Technologies – Amendment, Waiver, Consent and Assumption Agreement (July 23rd, 2007)

This AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT, dated as of July 21, 2007 (this Agreement), is by and among Merck & Co., Inc., a New Jersey corporation (Merck), FoxHollow Technologies, Inc., a Delaware corporation (FoxHollow), and ev3 Inc., a Delaware corporation (ev3).

Foxhollow Technologies – Amendment, Waiver, Consent and Assumption Agreement (July 23rd, 2007)

This AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT, dated as of July 21, 2007 (this Agreement), is by and among Merck & Co., Inc., a New Jersey corporation (Merck), FoxHollow Technologies, Inc., a Delaware corporation (FoxHollow), and ev3 Inc., a Delaware corporation (ev3).

Amendment, Waiver, Consent and Assumption Agreement (July 23rd, 2007)

This AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT, dated as of July 21, 2007 (this Agreement), is by and among Merck & Co., Inc., a New Jersey corporation (Merck), FoxHollow Technologies, Inc., a Delaware corporation (FoxHollow), and ev3 Inc., a Delaware corporation (ev3).

Foxhollow Technologies – Amendment, Waiver, Consent and Assumption Agreement (July 23rd, 2007)

This AMENDMENT, WAIVER, CONSENT AND ASSUMPTION AGREEMENT, dated as of July 21, 2007 (this Agreement), is by and among Merck & Co., Inc., a New Jersey corporation (Merck), FoxHollow Technologies, Inc., a Delaware corporation (FoxHollow), and ev3 Inc., a Delaware corporation (ev3).

Horizon Group Properties – Consent and Assumption Agreement (August 29th, 2003)

This Consent and Assumption Agreement (this Agreement) is made as of August 19, 2003 by and among LAKESHORE MARKETPLACE, LLC, a Delaware limited liability company (Seller), RAMCO LAKESHORE LLC, a Delaware limited liability company, f/k/a Lakeshore MP, LLC (Buyer), LAKESHORE MARKETPLACE FINANCE COMPANY, INC., a Delaware corporation, HORIZON GROUP PROPERTIES, L.P., a Delaware limited partnership, HORIZON GROUP PROPERTIES, INC., a Delaware corporation (collectively, whether one or more, Original Guarantor), RAMCO-GERSHENSON PROPERTIES, L.P., a Delaware limited partnership (Guarantor), and WELLS FARGO BANK MINNESOTA, N.A., as trustee for the registered holders of Salomon Brothers Mortgage Securities VII, Inc., Commercial Mortgage Pass-Through Certificates, Series 2001-C2, acting by and through its Master Servicer and General Special Servicer, Midland Loan Services, Inc. (collectively referred to herein as Lender), with reference to the following facts:

Horizon Group Properties – Space Above This Line for Recorders Use Consent and Assumption Agreement (June 4th, 2003)

This Consent and Assumption Agreement (Assumption Agreement) is dated as of the 22nd day of May, 2003 (Closing Date), between and among WELLS FARGO BANK MINNESOTA, N.A., AS SUCCESSOR IN INTEREST TO NORWEST BANK MINNESOTA, NATIONAL ASSOCIATION, AS TRUSTEE FOR J. P. MORGAN COMMERCIAL MORTGAGE FINANCE CORP., MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2000-C9 (the Noteholder), whose Special Servicer is ARCap Servicing, Inc. (ARCap), having an address of 5605 N. MacArthur Blvd., Suite 950, Irving, Texas 75038, TULARE OUTLET CENTER L.P., a Delaware limited partnership (the Assumptor), having its address at 5000 Hakes Drive, Norton Shores, MI 49441, DALEVILLE, SOMMERSET, TULARE OUTLET CENTERS, L.P., a Delaware limited partnership (Borrower), having its address at 77 West Wacker Drive, Suite 4200, Chicago, Illinois 60601, and HORIZON GROUP PROPERTIES, INC., a Maryland corporation (the Guarantor).