Common use of Assignment; Participations Clause in Contracts

Assignment; Participations. This Agreement shall be binding upon, and shall inure to the benefit of, the Debtors and the Lender and their respective successors and assigns, and except as otherwise provided in the Facility Documents, no Debtor may assign or transfer any of its rights or obligations hereunder without the prior written consent of the Lender. Without limiting the generality of the foregoing, the Lender may assign or transfer all or any portion of its rights and obligations under any Facility Document, under the terms of this Agreement to the extent provided in and subject to the terms of the Credit Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof granted to the Lender herein. Without limiting the generality of the foregoing, the Debtors hereby acknowledge that the Lender may sell, grant or assign participation interest(s) in the Note and in the Lender's rights and obligations in respect of the Facility Documents, including, without limitation, this Agreement, on the terms and conditions set forth in the Credit Agreement. In the event that the Lender shall sell, grant or assign such participation interest(s), subject to the provisions of the Credit Agreement (a) the Lender may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the Debtors, (b) the Debtors shall cooperate with the Lender in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the Lender's or such participant's judgment, to effectuate any such participation(s), and (c) each representation and agreement made by the Debtors in this Agreement and the other Facility Documents to which it is a party shall run to the benefit of such participant(s).

Assignment; Participations. This Agreement shall be binding upon, and shall inure to the benefit of, the Debtors and the Lender Agent, the Lenders and their respective successors and assigns, and except as otherwise provided in the Facility Documents, that no Debtor may assign or transfer any of its rights or obligations hereunder without the prior written consent of the LenderAgent and the Required Lenders (and any such assignment or transfer without such consent shall be null and void). Without limiting the generality of the foregoing, the Lender each of the Lenders may assign or transfer all or any portion of its rights and obligations under any Facility Document, under the terms of this Agreement to the extent provided in and subject to the terms of the Credit Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof granted to the such Lender hereinherein or otherwise. Without limiting the generality of the foregoing, the Debtors hereby acknowledge that the any Lender may sell, grant or assign participation interest(s) in the Note Notes and in the such Lender's rights and obligations in respect of the Facility Documents, including, without limitation, this Agreement, on the terms and conditions set forth in the Credit Agreement. In the event that the any Lender shall sell, grant or assign such participation interest(s), subject to the provisions of the Credit Agreement (a) the such Lender may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the Debtors, (b) the Debtors shall cooperate with the such Lender in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the such Lender's or such participant's judgment, to effectuate any such participation(s), and (c) each representation and agreement made by the Debtors in this Agreement and the other Facility Documents to which it is a party shall run to the benefit of such participant(s).

Assignment; Participations. This Agreement Guaranty shall be binding upon, and shall inure to the benefit of, the Debtors each Guarantor and the Lender and their respective successors and assigns, and and, except as otherwise provided permitted in the Facility Documents, no Debtor Guarantor may assign or transfer any of its rights or obligations hereunder without the prior written consent of the Lender. Without limiting the generality of the foregoing, the Lender may assign or transfer all or any portion of its rights and obligations under any Facility Document, under the terms of including without limitation this Agreement Guaranty, to the extent provided in and subject to the terms of the Credit Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof granted to the Lender hereinherein or otherwise. Without limiting the generality of the foregoing, the Debtors each Guarantor hereby acknowledge acknowledges that the Lender may sell, grant or assign participation interest(s) in the Note and in the Lender's rights and obligations in respect of the Facility Documents, including, including without limitation, limitation this AgreementGuaranty, on the terms and conditions set forth in the Credit Agreement. In the event that the Lender shall sell, grant or assign such participation interest(s), (i) subject to the provisions Section 12.13 of the Credit Agreement (a) the Agreement, Lender may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the Debtorsa Guarantor, (bii) the Debtors such Guarantor shall reasonably cooperate with the Lender in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the Lender's or such participant's judgment, to effectuate any such participation(s), and (ciii) each representation representation, warranty and agreement made by the Debtors each Guarantor in this Agreement Guaranty and the other Facility Documents to which it is a party shall run to the benefit of such participant(s).

Assignment; Participations. This Agreement shall be binding upon, and shall inure to the benefit of, the Debtors and Pledgor, the Lender Agent and their respective successors and assigns, and except as otherwise provided in that the Facility Documents, no Debtor Pledgor may not assign or transfer any of its rights or obligations hereunder without the prior written consent of the LenderAgent and the Lenders (and any such assignment or transfer without such consent shall be null and void). Without limiting the generality of the foregoing, each of the Lender Lenders may assign or transfer all or any portion of its rights and obligations under any Facility Document, under the terms of including without limitation this Agreement Agreement, to the extent provided in and subject to the terms of the Credit Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof granted to the such Lender hereinherein or otherwise. Without limiting the generality of the foregoing, the Debtors Pledgor hereby acknowledge acknowledges that the any Lender may sell, grant or assign participation interest(s) in the Note Notes and in the such Lender's rights and obligations in respect of the Facility Documents, including, including without limitation, limitation this Agreement, on the terms and conditions set forth in the Credit Agreement. In the event that the any Lender shall sell, grant or assign such participation interest(s), subject to the provisions of the Credit Agreement (ai) the such Lender may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the DebtorsPledgor, (bii) the Debtors Pledgor shall cooperate with the such Lender in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the such Lender's or such participant's judgment, to effectuate any such participation(s), and (ciii) each representation and agreement made by the Debtors Pledgor in this Agreement and the other Facility Documents to which it is a party shall run to the benefit of such participant(s).

Assignment; Participations. This Agreement shall be binding upon, and shall inure to the benefit of, the Debtors and Pledgors, the Lender and their respective successors and assigns, and and, except as otherwise provided in the Facility Documents, no Debtor Pledgor may assign or transfer any of its rights or obligations hereunder without the prior written consent of the Lender. Without limiting the generality of the foregoing, the Lender may assign or transfer all or any portion of its rights and obligations under any Facility Document, under the terms of including without limitation this Agreement Agreement, to the extent provided in and subject to the terms of the Credit Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof granted to the Lender herein. Without limiting the generality of the foregoing, the Debtors each Pledgor hereby acknowledge acknowledges that the Lender may sell, grant or assign participation interest(s) in the Revolving Credit Note and in the Lender's rights and obligations in respect of the Facility Documents, including, including without limitation, limitation this Agreement, on the terms and conditions set forth in the Credit Agreement. In the event that the Lender shall sell, grant or assign such participation interest(s), subject to the provisions of the Credit Agreement Agreement, (ai) the Lender may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the DebtorsPledgors, (bii) the Debtors each Pledgor shall cooperate with the Lender in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the Lender's or such participant's judgment, to effectuate any such participation(s), and (ciii) each representation and agreement made by the Debtors Pledgors in this Agreement and the other Facility Documents to which it is a party shall run to the benefit of such participant(s).

Assignment; Participations. This Agreement shall be binding upon, and shall inure to the benefit of, the Debtors Loan Parties and the Lender Servicer and their respective successors and assigns, and except as otherwise provided in the Facility Transaction Documents, no Debtor Loan Party may assign or transfer any of its rights or obligations hereunder without the prior written consent of the Lender. Servicer (and any such assignment or transfer without such consent shall be null and void.) Without limiting the generality of the foregoing, subject to the Lender Subordinated Agreement, the Servicer may assign or transfer all or any portion of its rights and obligations under any Facility Transaction Document, under the terms of this Agreement to the extent provided in and subject to the terms of the Credit Amended and Restated Note and Warrant Purchase Agreement, to any other Person, and such other Person shall thereupon become vested with all of the rights and obligations in respect thereof thereof, including, without limitation, with respect to the Collateral, granted to the Lender Servicer herein. Without limiting the generality of the foregoing, the Debtors Loan Parties hereby acknowledge that the Lender Servicer may sell, grant or assign assign, participation interest(s) in the Note Notes and in the LenderServicer's rights and obligations in respect of the Facility Transaction Documents, including, without limitation, this Agreement, on the terms and conditions set forth in the Credit Amended and Restated Note and Warrant Purchase Agreement. In the event that the Lender Servicer shall sell, grant or assign such participation interest(s), subject to the provisions of the Credit Amended and Restated Note and Warrant Purchase Agreement (a) the Lender Servicer may, in its sole discretion, disclose financial and other information to prospective participant(s) with respect to the DebtorsLoan Parties, (b) the Debtors Loan Parties shall cooperate with the Lender Servicer in connection with any such participation and shall execute any and all documents which may be necessary or desirable, in the LenderServicer's or such participant's judgment, to effectuate any such participation(s), and (c) each representation and agreement made by the Debtors Loan Parties in this Agreement and the other Facility Transaction Documents to which it is a party shall run to the benefit of such participant(s).