Assignments and transfers by the Lender Sample Clauses
The "Assignments and transfers by the Lender" clause defines the lender's right to transfer or assign its rights and obligations under the agreement to another party. Typically, this clause outlines the conditions under which such assignments can occur, such as whether the borrower's consent is required or if notice must be given. For example, it may allow the lender to sell the loan to another financial institution or transfer servicing rights. The core function of this clause is to provide flexibility for the lender to manage its portfolio and risk, while also clarifying the process and any limitations on transferring interests in the agreement.
POPULAR SAMPLE Copied 1 times
Assignments and transfers by the Lender. Subject to this Clause 24, the Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, under the Finance Documents to another bank or financial institution or to a trust, fund or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, Securities or other financial assets (including credit derivatives) (the “New Lender”).
Assignments and transfers by the Lender. (a) The Lender may, subject to the following provisions of this Subclause, at any time assign or transfer (including by way of novation) any of its rights and obligations under this Agreement to any other person (the New Lender).
(b) A transfer of obligations will be effective only if the New Lender confirms to the Company that it is bound by the terms of this Agreement as the Lender. On the transfer becoming effective in this manner the Lender will be released from its obligations under this Agreement to the extent that they are transferred to the New Lender.
Assignments and transfers by the Lender. Subject to this Clause 21, the Lender (the "Existing Lender") may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, under any Finance Document to any person (the "New Lender").
Assignments and transfers by the Lender. (a) Subject to this Clause 18, a Lender (the “Existing Lender”) may:
(i) assign any of its rights; or
(ii) transfer by novation any of its rights and obligations, under the Finance Documents to any bank or financial institution or to a trust, fund or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets or to any other person (the “New Lender”).
(b) The consent of the Borrower shall be required for any assignment or transfer pursuant to paragraph (a) above, in each case, unless the relevant assignment or transfer is (i) to an Affiliate of the Lender or (ii) made at a time when an Event of Default is occurring. The consent of the Borrower to a transfer or assignment must not be unreasonably withheld or delayed. The Borrower will be deemed to have given its consent five (5) Business Days after the Existing Lender has requested it unless consent is expressly refused by the Borrower within that time.
(c) An assignment will be effective only on receipt by the Existing Lender of written confirmation from the New Lender that the New Lender will assume the same obligations as it would have been under if it was the Existing Lender.
(d) A transfer will be effective only if the procedure set out in Clause 18.3 (Procedure for transfer) is complied with.
Assignments and transfers by the Lender. 22.2.1. The Lender may only assign, or transfer (including by novation) the whole of its rights and obligations under this Agreement, and not only a part thereof. Such assignment or transfer shall be made in accordance with this Clause 22.2.
22.2.2. If the Lender (the Existing Lender) wishes to assign or transfer all of its rights and obligations under this Agreement to any person (the New Lender), such assignment or transfer may be (subject always to 22.2.7 below) effected by way of:
(a) in the case of a novation:
(i) the delivery to the Borrower of a duly completed Transfer Certificate in accordance with the provisions of this Clause; or
(ii) the New Lender confirming to the Existing Lender and the Borrower in form and substance satisfactory to the Existing Lender and the Borrower that it is bound by the terms of this Agreement as the Lender. On the transfer becoming effective in this manner the Existing Lender will be released from its obligations under this Agreement to the extent that they are transferred to the New Lender.
22.2.3. For a novation, on the date specified in the Transfer Certificate:
(a) the New Lender will assume the rights and obligations of the Existing Lender expressed to the subject of the novation in the Transfer Certificate in substitution for the Existing Lender; and
(b) the Existing Lender will be released from those obligations and cease to have those rights.
22.2.4. The Borrower irrevocably authorises the Lender to execute any duly completed Transfer Certificate on its behalf.
22.2.5. The Existing Lender shall promptly notify the Borrower of the execution on its behalf of any Transfer Certificate.
22.2.6. Any reference in this Agreement to the Lender includes a New Lender.
22.2.7. The Lender represents and warrants to the Borrower that it is a PMP.
22.2.8. If on the date on which a New Lender becomes the Lender, it is a requirement of Dutch law that such New Lender is a PMP, the New Lender represents and warrants to the Borrower on the date on which it becomes a party to this Agreement as the Lender that it is a PMP.
22.2.9. Each such Lender and New Lender acknowledges that the Borrower has relied upon such representation and warranty.
22.2.10. Notwithstanding anything to the contrary in this Agreement:
(i) no assignment of rights or transfer of rights and obligations may be made by the Lender without the Borrower’s prior written consent (not to be unreasonably withheld or delayed); and
(ii) no Obligor shall have any greater o...
Assignments and transfers by the Lender. 22.2.1. The Lender (the Existing Lender) may, by notice to the Borrower, at any time transfer (a Transfer) any of its rights or obligations under Finance Documents by way of cession and assignment or delegation (as applicable) to any other bank or financial institution or to a trust, fund or other person which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets (the New Lender).
22.2.2. The Borrower consents to any splitting of claims that may arise as a result of the Existing Lender exercising its rights under this Clause.
22.2.3. The Borrower shall co-operate and provide to the Existing Lender (and any New Lender) such assistance and information, as may be reasonably required to implement any transfer of rights and obligations under this Clause.
Assignments and transfers by the Lender. (a) The Lender may at any time (whether in whole or in part):
(i) assign any of its rights; or
(ii) transfer by novation any of its rights and obligations, under this Agreement and/or under any other Finance Document to any Affiliate or another branch of the Lender or any other bank or financial institution or a trust, fund, investor or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets.
(b) The consent of the Obligors is required for a transfer or assignment by the Lender under the Finance Documents, unless the assignment or transfer is (i) to an Affiliate or another branch of the Lender or (ii) made at any time on or after the occurrence of a Default.
(c) The consent of the Obligors to a transfer or assignment must not be unreasonably withheld or delayed. The Obligors will be deemed to have given their consent five Business Days after the Lender has requested it unless consent is expressly refused by an Obligor within that time.
(d) Each Obligor shall promptly do all such acts or execute all such documents (including any agreements, notices or acknowledgements) as the Lender may reasonably specify (and in such form as the Lender may reasonably require) to facilitate transfer by the Lender of its rights and/or obligations under this Agreement, including by way of novation.
(e) If the Lender assigns any of its rights, benefits and obligations hereunder all references in this Agreement to the Lender shall be construed as a reference to the Lender and its assignee or assignees to the extent of their respective interests.
Assignments and transfers by the Lender. Subject to this Clause 22, the Lender (the "EXISTING LENDER") may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, to another bank or financial institution (the "NEW LENDER") at the cost and expense of the Existing Lender and/or the New Lender and with prior notice to but otherwise without the prior consent of the Borrower.
Assignments and transfers by the Lender. (a) Subject to this Clause 23, a Lender (the “Existing Lender”) may, without the prior written consent of the Borrowers, assign, transfer or enter into any sub-participation in respect of any of its rights and obligations under or in connection with the Finance Documents, in whole or in part, to:
(i) another bank or financial institution included in sections (2) to (4) of the first supplement of the Securities Law, 5728-1968 and any ‘investment basket’ (‘S▇▇ Hashkaot’) comprising the activities of any such entities in connection with the consolidation of any of their investment activity, or any of their affiliates, (but except for any hedge funds) or similar entities regulated under any foreign law; or to a fund or other entity which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets, and is acceptable to the Borrower, which consent shall not be unreasonably withheld or delayed; or –
(ii) if a Default has occurred and is continuing – to any other entity. (the “New Lender”).
(b) The New Lender shall become a Party as a “Lender”.
(c) Notwithstanding anything provided under this Clause 23, the Lender may without consulting with or obtaining consent from the Borrowers, at any time: (i) charge, assign or otherwise create Security Interest in or over (whether by way of collateral or otherwise) all or any of its rights under any Finance Document to secure obligations of the Lender; (ii) enter into any securitization or risk transfer transaction.
Assignments and transfers by the Lender. The Lender may subject to the prior consent of the Borrower (such consent not to be unreasonably withheld or delayed):
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, to another bank or financial institution which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, vessels, securities or other assets.