Participation and Assignment. The Bank may from time to time participate, sell or assign all or any part of the Loans made by the Bank or which may be made by the Bank, or its right, title and interest in the Loans or in or to this Agreement, to another lending office, lender or financial institution. Except to the extent otherwise required by the context of this Agreement, the word “Bank” where used in this Agreement means and includes any holder of a Note originally issued to the Bank and each such holder of a Note will be bound by and have the benefits of this Agreement, the same as if such holder had been a signatory to this Agreement. In connection with any such sale, assignment or grant of participation, the Bank may make available to any prospective purchaser, assignee or participant any information relative to the Borrowers in the Bank’s possession; provided such prospective purchaser, assignee, or participant agrees to hold such information in confidence.
Participation and Assignment. When the decision is made to schedule standby duties, such standby duties shall be assigned by the Employer on a rotation basis. Where possible, preference will be given to those employees who have indicated willingness to standby. The Employer will post a standby schedule pursuant to Article 15.06.
Participation and Assignment. When the decision is made to schedule standby duties, where possible, preference will be given to those employees who have indicated willingness to standby. The Company will post a standby schedule.
Participation and Assignment. Lender may, at any time and from time to time, sell or grant, without prior notice to or the consent of Borrower, to any person or entity participations in all or any part of the Loan, the Loan Documents, any Advance, or all or part of the Note. Any participant shall be entitled to receive all information received by Lender regarding the Mortgaged Property, Borrower, any of its principals and any of the Guarantors, including (without limitation) information required to be disclosed to a participant pursuant to any applicable banking regulations. If Lender shall sell or grant any participation: (i) Lender shall retain its right and responsibility to enforce the obligations of Borrower relating to the Loan, including the right to approve any amendment, modification or waiver of any provision of this Agreement, in accordance with the terms of this Agreement, and (ii) Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any participant of which Borrower shall have received written notice may exercise all rights of set-off, bankers' lien, counterclaim or similar rights with respect to such participation as fully as if such participant were a direct holder of Loans. In the case of an assignment, the assignee ("Assignee") shall, to the extent of such assignment, have the same rights, benefits and obligations as it would if it were the Lender hereunder and the Lender shall be relieved of its obligations hereunder to the extent of the interest so assigned and expressly assumed in writing by Assignee. Borrower will use its reasonable efforts to assist and cooperate with Lender in any manner reasonably requested by Lender to effect any such assignment including assisting in the preparation of appropriate disclosure documents or modifying this Agreement to further reflect an agency relationship between Lender and other institutions.
Participation and Assignment. Each of the Borrowers hereby acknowledges and agrees that a Lender may at any time: (a) grant participations in up to 49% of its Commitments or Extensions of Credit, or any Note or of its right, title and interest therein or in or to this Agreement (collectively, "Participations") (but only with the consent of the Borrowers and the Agent, which consent shall not be unreasonably conditioned, withheld or delayed) to any other bank, lending institution or other entity which has the requisite sophistication to evaluate the merits and risks of investments in Participations ("Participants"); provided, however, that: (i) all amounts payable by the Borrowers hereunder shall be determined as if such Lender had not granted such Participation; (ii) any agreement pursuant to which any Lender may grant a Participation: (x) shall provide that such Lender shall retain the sole right and responsibility to enforce the obligations of the Borrowers hereunder including, without limitation, the right to approve any amendment, modification or waiver of any provisions of this Agreement; (y) such participation agreement may provide that such Lender will not agree to any modification, amendment or waiver of this Agreement without the consent of the Participant if such modification, amendment or waiver would reduce the principal of or rate of interest on its Extensions of Credit or postpone the date fixed for any payment of principal of or interest on its Extensions of Credit or increase the amount of the total Commitments; and (z) shall not relieve such Lender from its obligations, which shall remain absolute, to make Extensions of Credit hereunder; and (b) each Lender may assign up to 49% of its Commitment or Extensions of Credit or Notes (but only with the consent of the Borrowers and the Agent, which consent shall not be unreasonably conditioned, withheld or delayed), provided that each assignment by a Lender of its Extensions of Credit, or Commitment shall be made in such manner so that the same portion of its Extensions of Credit, Commitment and Notes is assigned to the respective assignee. Upon execution and delivery by the assignee to the Borrowers and the Agent of any instrument in writing pursuant to which such assignee agrees to become a "Lender" hereunder (if not already a Lender) having the Commitment and Extensions of Credit specified in such instrument, and upon consent thereto by the Borrowers and the Agent, to the extent required above, the assignee shall have, to ...
Participation and Assignment. The Lender may from time to time participate, sell or assign all or any part of the Loans made by the Lender or which may be made by the Lender, or its right, title and interest in the Loans or in or to this Agreement, to another lending office, lender or financial institution. Except to the extent otherwise required by the context of this Agreement, the word "Lender" where used in this Agreement means and includes any holder of a Notes originally issued to the Lender and each such holder of a Notes will be bound by and have the benefits of this Agreement, the same as if such holder had been a signatory to this Agreement. In connection with any such sale, assignment or grant of participation, the Lender may make available to any prospective purchaser, assignee or participant any information relative to the Borrower or any Loan Party or any Subsidiary of a Loan Party in the Lender's possession.
Participation and Assignment. (a) Sale of Participation. ---------------------
Participation and Assignment. 85 10.06. Successors and Assigns..................................................................................87 10.07. No Implied Waivers; Cumulative Remedies; Writing Required...............................................88
Participation and Assignment. 75 10.06. Successors and Assigns.................................................................................... 77 10.07. No Implied Waivers; Cumulative Remedies; Writing Required................................................. 77 10.08. Severability.............................................................................................. 77 10.09. Indemnity................................................................................................. 77 10.10. Confidentiality........................................................................................... 78 10.11. Survival.................................................................................................. 78 10.12. GOVERNING LAW............................................................................................. 79 10.13. FORUM..................................................................................................... 79 10.14. Non-Business Days......................................................................................... 79 10.15. Integration............................................................................................... 79 10.16. Counterparts.............................................................................................. 79 10.17. Funding by Branch, Subsidiary or Affiliate................................................................ 80 10.18.
Participation and Assignment. (1) Lender may, at any time and from time to time, sell or grant, without prior notice to or the consent of Borrower, to any Eligible Transferee (other than to a Prohibited Transferee as set forth in Section 9.3(d)) participations in all or any part of the Loan, the Loan Documents, any Advance, or all or part of the Note. Any participant shall be entitled to receive and rely on all information received by Lender regarding the Collateral, Mortgaged Property, Fee Owner, Underlying Mortgage Guarantors, Borrower, any of its principals and any of the Guarantors, including (without limitation) information required to be disclosed to a participant pursuant to any applicable banking regulations. If Lender shall sell or grant any participation: (i) Lender shall retain its right and responsibility to enforce the Obligations of Borrower relating to the Loan, including the right to approve any amendment, modification or waiver of any provision of this Agreement, and to grant or withhold consents and approvals, in accordance with the terms of this Agreement, (ii) Borrower shall continue to deal solely and directly with Lender in connection with Lender’s rights and obligations hereunder and (iii) Borrower agrees, to the fullest extent it may effectively do so under applicable law, that any participant of which Borrower shall have received written notice may exercise all rights of set-off, bankers’ lien, counterclaim or similar rights with respect to such participation as fully as if such participant were a direct holder of Loans.
