Assignments and Participations in Loans. 52 61 (A) Each Lender may assign its rights and delegate its obligations under this Agreement to an Eligible Assignee; provided, that (a) such Lender shall first obtain the written consent of Agent, which shall not be unreasonably withheld, (b) the amount of Commitments and Loans of the assigning Lender being assigned shall in no event be less than the lesser of (i) $5,000,000 or (ii) the entire amount of the Commitments and Loans of such assigning Lender and (c)(i) each such assignment shall be of a pro rata portion of all such assigning Lender's Loans and Commitments hereunder, and (ii) the parties to such assignment shall execute and deliver to Agent for acceptance and recording an Assignment and Assumption Agreement together with (x) a processing and recording fee of $2,500 payable to Agent (which in no event shall be at Borrower's expense or responsibility) and (y) the Note originally delivered to the assigning Lender. Upon receipt of all of the foregoing, Agent shall notify Borrower of such assignment and Borrower shall comply with its obligations under the last sentence of subsection 2.1(D). In the case of an assignment authorized under this subsection 9.1, the assignee shall have, to the extent of such assignment, the same rights, benefits and obligations as it would if it were a Lender hereunder. The assigning Lender shall be relieved of its obligations hereunder with respect to its Commitment or assigned portion thereof arising after the date such assignment is effective. Borrower hereby acknowledges and agrees that any assignment will give rise to a direct obligation of Borrower to the assignee and that the assignee shall be considered to be a "Lender".
Assignments and Participations in Loans. (A) Lender may, at its expense, assign all or any portion of its rights and delegate all or any portion of its obligations under this Agreement in whole or in part to another Person without the consent of Borrower or any other Loan Party. In the case of an assignment authorized under this subsection 8.1, the assignee shall have, to the extent of such assignment, the same rights, benefits and obligations as it would if it were a Lender hereunder and the assigning Lender shall be relieved of its obligations hereunder with respect to its assigned portion thereof. Borrower hereby acknowledges and agrees that any assignment will give rise to a direct obligation of Borrower to the assignee and that the assignee shall be considered to be a “Lender”.
Assignments and Participations in Loans. (a) The provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns permitted hereby, except that Borrower may not assign or otherwise transfer any of its rights or obligations hereunder without the prior written consent of each Lender and no Lender may assign or otherwise transfer any of its rights or obligations hereunder except (i) to an Eligible Assignee in accordance with the provisions of Section 9.1(b), (ii) by way of participation in accordance with the provisions of Section 9.1(d), or (iii) by way of pledge or assignment of a security interest subject to the restrictions of Section 9.1(f) (and any other attempted assignment or transfer by any party hereto shall be null and void). Nothing in this Agreement, expressed or implied, shall be construed to confer upon any Person (other than the parties hereto, their respective successors and assigns permitted hereby, Participants to the extent provided in Section 9.1(b) and, to the extent expressly contemplated hereby, the Indemnitees) any legal or equitable right, remedy, or claim under or by reason of this Agreement.
Assignments and Participations in Loans. (A) Any Lender may, with the written consent of Agent , assign and delegate to one or more assignees (each an "Assignee") (provided that no written consent of Agent shall be required in connection with any assignment and delegation by a Lender to an Affiliate of such Lender) that, in the case of an Assignee which is not an Affiliate of the assigning Lender, is an Eligible Institution all, or any ratable part of all, of its share of the Revolving Loan, the Revolving Loan Commitment and the other rights and obligations of such Lender hereunder related thereto, in a minimum amount of $5,000,000 or if less the entire amount of such Lender's share of the Revolving Loan and Revolving Loan Commitment; provided, however, that Borrower and the Agent
Assignments and Participations in Loans. Letters of Credit.
Assignments and Participations in Loans. (A) Each Lender may assign its rights and delegate its obligations under this Agreement to an Eligible Assignee; provided, that (a) such Lender shall first obtain the written consent of each of Collateral Agent and Administrative Agent, which shall not be unreasonably withheld, (b) if such assignment takes place at a time when no Event of Default or Default is in existence, such Lender shall first obtain the written consent of Borrower, which shall not be unreasonably withheld; provided, that if Borrower fails to respond within five (5) Business Days to a request for consent, such consent shall be deemed to have been given, (c) the amount of Commitments and Loans of the assigning Lender being assigned shall in no event be less than the lesser of (i) $5,000,000 or (ii) the entire amount of the Commitments and Loans of such assigning Lender and (d) (i) each such assignment shall be
Assignments and Participations in Loans. This Agreement is binding upon and inures to the benefit of Borrower and Lender and their successors and assigns and all subsequent holders of the Notes or any portion thereof. Borrower expressly acknowledges that Lender is not prohibited or restricted from assigning rights or participation hereunder or any portion thereof to another Person. Borrower, however, is precluded from assigning any of its respective rights or delegating any of its obligations hereunder or under any of the Loan Documents without the prior written consent of Lender. Lender may furnish any information concerning Borrower and its Subsidiaries in the possession of that Lender from time to time to assignees and participants (including prospective assignees and participants).
Assignments and Participations in Loans and Notes . 71 ------------------------------------------------- 8.2 Agent . . . . . . . . . . . . . . . . . . . . . . . 72 ----- (A) Appointment . . . . . . . . . . . . . . . . . 72 ----------- (B) Nature of Duties . . . . . . . . . . . . . . . 73 ---------------- (C) Rights, Exculpation, Etc . . . . . . . . . . . 73 ------------------------ (D) Reliance . . . . . . . . . . . . . . . . . . . 74 -------- (E) Indemnification . . . . . . . . . . . . . . . 74 --------------- (F) Xxxxxx Individually . . . . . . . . . . . . . 74 ------------------- (G) Successor Agent . . . . . . . . . . . . . . . 75 --------------- (1) Resignation . . . . . . . . . . . . . . . 75 ----------- (2)
Assignments and Participations in Loans. (a) Each Lender may assign its rights and delegate its obligations under this Agreement to an assignee and the assignee shall have, to the extent of such assignment, the same rights, benefits and obligations as it would if it were a Lender hereunder. The assigning Lender shall be relieved to its obligations hereunder with respect to its Commitment or assigned portion thereof, however, the assigning Xxxxxx must still act as agent on behalf of the assignee. Xxxxxxxx hereby acknowledges and agrees that any assignment will give rise to a direct obligation of Borrower to the assignee and that the assignee shall be considered to be a “Lender.”
Assignments and Participations in Loans
