Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “New Lender”).
Appears in 14 contracts
Sources: Credit Facility Agreement, Credit Facilities Agreement (Gold Fields LTD), Revolving Senior Secured Credit Facility Agreement (Gold Fields LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 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 (the “New Lender”).
Appears in 6 contracts
Sources: Bridge Loan Facility Agreement (Lifezone Metals LTD), Facility Agreement (Ses S.A.), Pre Export Finance Agreement (Votorantim Pulp & Paper Inc)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a 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 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 (the “New Lender”).
Appears in 6 contracts
Sources: Credit Agreement (Eagle Bulk Shipping Inc.), Credit Agreement (Eagle Bulk Shipping Inc.), Facility Agreement (Rockwood Specialties Group Inc)
Assignments and transfers by the Lenders. Subject to this Clause 2326, a 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 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 (the “"New Lender”").
Appears in 5 contracts
Sources: Revolving Facility Agreement (Bunge Global SA), Facility Agreement (Bungeltd), Facility Agreement (Whirlpool Corp /De/)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “New Lender”)an Approved Assignee.
Appears in 5 contracts
Sources: Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.), Facility Agreement (Bristow Group Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2325, a 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 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 (the “New Lender”).
Appears in 5 contracts
Sources: Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.), Supplemental Agreement (Iridium Communications Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “New Lender”).
Appears in 5 contracts
Sources: Bridge Facility Agreement (Ses S.A.), Senior Reserve Base Lending Facility Agreement (Fx Energy Inc), Facility Agreement (Aon Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 (the “New Lender”).
Appears in 4 contracts
Sources: Single Currency Revolving Facility Agreement (StoneX Group Inc.), Revolving Facility Agreement (StoneX Group Inc.), Usd 75,000,000 Single Currency Revolving Facility Agreement (StoneX Group Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “"New Lender”").
Appears in 4 contracts
Sources: Facility Agreement (Midamerican Energy Holdings Co /New/), Facility Agreement (Midamerican Energy Holdings Co /New/), Loan Agreement (Harry Winston Diamond Corp)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 (the “"New Lender”").
Appears in 4 contracts
Sources: Facility Agreement (Advanced Technology (Cayman) LTD), Loan Agreement (PCGI Intermediate Holdings LTD), Facility Agreement (PCGI Intermediate Holdings LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a Lender (the “an "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 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 (the “a "New Lender”").
Appears in 4 contracts
Sources: Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.), Facility Agreement (Seanergy Maritime Holdings Corp.)
Assignments and transfers by the Lenders. Subject to this Clause 2326, a 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 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 (the “New Lender”)) and, at any time when an Event of Default is continuing, to any third party.
Appears in 3 contracts
Sources: Revolving Facilities Agreement (Molson Coors Brewing Co), Unsecured Uncommitted Revolving Facilities Agreement (Molson Coors Brewing Co), Revolving Facilities Agreement (Molson Coors Brewing Co)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (or a special purpose vehicle owned by such an institution (the “"New Lender”").
Appears in 3 contracts
Sources: Subordinated Facility Agreement (Diana Shipping Inc.), Facility Agreement (Diana Containerships Inc.), Subordinated Facility Agreement (Diana Containerships Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a 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 the extent permitted by law) 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 (the “"New Lender”)") which, for the avoidance of doubt, shall include an SPV Lender.
Appears in 2 contracts
Sources: Permanent Facility Agreement (Groupe Eurotunnel SA), Permanent Facility Agreement (Groupe Eurotunnel SA)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 25 (Changes to the Lenders), a Lender (the “Existing Lender”) may:
(a) assign any of its rights; orand/or
(b) transfer by novation any of its rights and obligations, ; under any of the Finance Documents to another a 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 (the “New Lender”).
Appears in 2 contracts
Sources: Term Facility Agreement (Coeur D Alene Mines Corp), Term Facility Agreement (Coeur D Alene Mines Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Term Facility Agreement (Enstar Group LTD), Term Facility Agreement (Enstar Group LTD)
Assignments and transfers by the Lenders. (a) Subject to this Clause 2327, a Lender (the “"Existing Lender”") may:
(ai) assign (Abtretung) any of its rights; or
(bii) transfer by novation way of assignment and assumption of debt (Vertragsübernahme) any of its rights and obligations, 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Facility Agreement (Kronos International Inc), Facility Agreement (Kronos International Inc)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement (Gold Fields LTD), Facility Agreement (PT Indosat TBK)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or;
(b) transfer by novation any of its rights and obligations; or
(c) sub-participate any of its rights and obligations, 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 (the “New Lender”).
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.), Bridge and Term Facilities Agreement (Magnum Ice Cream Co B.V.)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Borrowing Base Facility Agreement (Vaalco Energy Inc /De/), Borrowing Base Facility Agreement (Vaalco Energy Inc /De/)
Assignments and transfers by the Lenders. Subject to this Clause 2320 (Changes to the Parties), a 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.), Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 26, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer any of its Loan Notes and 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”).
Appears in 2 contracts
Sources: Loan Note Subscription Agreement (Metals Acquisition LTD), Loan Note Subscription Agreement (Metals Acquisition Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or;
(b) transfer by novation any of its rights and obligations; or
(c) sub-participate any of its rights and obligations, 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 (the “New Lender”).
Appears in 2 contracts
Sources: Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.), Revolving Credit Facility Agreement (Magnum Ice Cream Co B.V.)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “New Lender”)) without the prior consent of, or notice to, any Obligor.
Appears in 2 contracts
Sources: Facility Agreement (WNS (Holdings) LTD), Facility Agreement (WNS (Holdings) LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Alliance Data Systems Corp), Senior Facilities Agreement (Alliance Data Systems Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Facility Agreement (Diodes Inc /Del/), Facility Agreement (China Shandong Industries, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2326 and to the extent permitted under the applicable laws, a 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement (GDS Holdings LTD), Facility Agreement (GDS Holdings LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2323 (Changes to the Lenders), a Lender (the “Existing Lender”) may:
(aA) assign any of its rights; or
(bB) transfer by novation any of its rights and obligations, 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 (the “New Lender”).
Appears in 2 contracts
Sources: Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi), Bridge and Term Facilities Agreement (Rentokil Initial PLC /Fi)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 25, a Lender (the “Existing Lender”) may:
(a) 25.1.1 assign any of its rights; or
(b) 25.1.2 transfer by novation any of its rights and obligations, under any Finance Document 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facilities Agreement (International Shipping Enterprises, Inc.), Facilities Agreement (International Shipping Enterprises, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Secured Facilities Agreement (Citigroup Inc), Secured Facilities Agreement (Citigroup Inc)
Assignments and transfers by the Lenders. (a) Subject to this Clause 2327, a Lender (the “"Existing Lender”") may:
(ai) assign (Abtretung) any of its rights; or
(bii) transfer by novation way of assignment and assumption of debt (Vertragsubernahme) any of its rights and obligations, 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Facility Agreement (Nl Industries Inc), Second Amendment Agreement (Kronos International Inc)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”"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 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 (the “New Lender”"NEW LENDER").
Appears in 2 contracts
Sources: Facility Agreement (Solutia Inc), Facility Agreement (Solutia Inc)
Assignments and transfers by the Lenders. Subject to this Clause 2323 (Changes to the Lenders), a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Loan Agreement (Safe Bulkers, Inc.), Amending and Restating Agreement (Safe Bulkers, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 28 and to clause 29, a 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 another bank or financial institution or to a trust, fund or other entity which is regularly engaged in in, or established for the purpose of making, purchasing or investing in loans, securities or other financial assets (the “New Lender”).
Appears in 2 contracts
Sources: Senior Facilities Agreement (Luxfer Holdings PLC), Senior Facilities Agreement (Luxfer Holdings PLC)
Assignments and transfers by the Lenders. Subject to this Clause 2325, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Term Facility Agreement (Enstar Group LTD), Revolving Credit Facility Agreement (Enstar Group LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2328, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Revolving Facility Agreement (South Texas Supply Company, Inc.), Revolving Facility Agreement (South Texas Supply Company, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2326 (Changes to the Lenders), a 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement (Navios Maritime Partners L.P.), Facility Agreement (Navios Maritime Partners L.P.)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a Lender (the “Existing Lender”) may, at any time:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, 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 (the “New Lender”).
Appears in 2 contracts
Sources: Amendment and Restatement Agreement (Mechel OAO), Amendment and Restatement Agreement (Mechel OAO)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “New Lender”) (but not to a member of the Group or an Affiliate of a member of the Group).
Appears in 2 contracts
Sources: Supplemental Agreement (Innospec Inc.), Multicurrency Revolving Facility Agreement (Innospec Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) assign any all or part of its rights; or
(b) transfer by novation any all or part of its rights and obligations, to another 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 (the “New Lender”).
Appears in 2 contracts
Sources: Syndicated Revolving Credit Agreement (Ibasis Inc), Syndicated Revolving Credit Agreement (Koninklijke KPN N V)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a 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 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Facilities Agreement (Signet Jewelers LTD), Facilities Agreement (Benfield Greig Group PLC)
Assignments and transfers by the Lenders. Subject to this Clause 2320, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement (Ozon Holdings PLC), Facility Agreement (Shanda Games LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2327 (Changes to the Lenders), a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement, Facility Agreement (McDermott International Inc)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 or credit institution (établissement de crédit) 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 (the “New Lender”).
Appears in 2 contracts
Sources: Term Facility Agreement (CGG Veritas), Single Currency Term Facility Agreement (General Geophysics Co)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, to another a new lender which is:
(i) a bank or financial institution institution; and
(ii) (in the case of any assignment or to transfer other than a trust, fund or other entity transfer following the occurrence of a Default which is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets continuing) a Qualifying Lender (the “New Lender”).
Appears in 2 contracts
Sources: Multicurrency Revolving Facility Agreement (Luxottica Group Spa), Facility Agreement (Luxottica Group Spa)
Assignments and transfers by the Lenders. Subject to this Clause 2328 (Changes to the Lenders), a 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 (the “"New Lender”").
Appears in 2 contracts
Sources: Term Loan Facility (Grindrod Shipping Holdings Ltd.), Term Loan Facility (Star Bulk Carriers Corp.)
Assignments and transfers by the Lenders. Subject to this Clause 2330 (Changes to the Lenders), a 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 (the “New Lender”).
Appears in 2 contracts
Sources: Term Loan Facility (Dorian LPG Ltd.), Term Loan Facility (Dorian LPG Ltd.)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 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 (the “New Lender”).
Appears in 2 contracts
Sources: Facility Agreement (Randgold Resources LTD), Facility Agreement (Randgold Resources LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2326 (Changes to the Lenders), a 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 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) where applicable, transfer any of its Loan Notes, and transfer by novation any of its other rights and obligations, to another bank or financial institution or to (where the Lender remains Lender of record) a trust, fund securitisation vehicle or other entity which is regularly engaged in or established vehicle for the purpose of making, purchasing or investing in loans, securities or other financial assets funding purposes (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement (Mayne Group LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2325.1 (Assignments and Transfers by the Lenders), a 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 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 (the “New Lender”).
Appears in 1 contract
Sources: Credit Facilities Agreement (Wanda Sports Group Co LTD)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 31, a Lender (the “Existing Lender”) may:
(a) may assign any of its rights; or
(b) rights or transfer by novation any of its rights and obligations, obligations under any Finance Document 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 assets, and is in each case, a Professional Market Party (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement (Aon Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2334, a 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 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 (the “New Lender”).
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Rockwood Holdings, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “"New Lender”)") provided that any transfer or novation of Commitments shall be in amount of at least EUR 5,000,000.
Appears in 1 contract
Sources: Facility Agreement (Central European Media Enterprises LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2327 (Changes to the Lenders), a 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 (the “New Lender”).
Appears in 1 contract
Sources: Term Loan Facility Agreement (Okeanis Eco Tankers Corp.)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 26, a Lender (the “"Existing Lender”") may:
(a) assign any of its rights; or
(b) transfer by novation any way of assumption of contract (contractsoverneming) its entire or part of its rights and obligationslegal relationship, under any Finance Document to another bank or financial institution or to a trust, fund 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 (the “"New Lender”").
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(ai) assign any of its rights; or
(bii) transfer by novation any of its rights and obligations, under this Agreement to another bank or bank, financial institution or to a trustinstitution, 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 (the “New Lender”).
Appears in 1 contract
Sources: Loan Agreement (Hanarotelecom Inc)
Assignments and transfers by the Lenders. Subject to this Clause 23, 22:
(a) a Lender (the “Existing Lender”) may:
(ai) assign any of its rights; or
(bii) 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 (the “New Lender”); and
(b) a Lender may sub-participate any of its rights and/or obligations under this Agreement.
Appears in 1 contract
Sources: Facilities Agreement (WEIBO Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2325, a 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 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 (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement (Bunge LTD)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, in each case of an amount not less than a Base Currency amount of USD1,000,000 under any Finance Document 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 (in each case, the “New Lender”).
Appears in 1 contract
Sources: Senior Facilities Agreement (Melco PBL Entertainment (Macau) LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2327 (Changes to the Lenders), a 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 (the “"New Lender”").
Appears in 1 contract
Sources: Facility Agreement (Taylor Maritime Investments LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2322 (Changes to the Lenders), a 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 (the “"New Lender”").
Appears in 1 contract
Sources: Term Loan Facility (DryShips Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2321, a 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2326 (Changes to the Lenders), a 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 shipping loans, securities or other financial assets (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2321, a Lender (the “Existing Lender”) maymay after consultation with the Borrower:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, 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 or another entity with the consent of the Borrower (the “New Lender”).
Appears in 1 contract
Sources: Senior Secured Facility Agreement (Aluminum Corp of China)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a Lender (the “Existing Lender”) may:
(a) assign any of its rightsrights (legal, beneficial or economic); or
(b) transfer by novation any of its rights and obligationsobligations (in each case legal, beneficial or economic), 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 (the “New Lender”).
Appears in 1 contract
Sources: Multicurrency Loan Facility Agreement (Xstrata PLC)
Assignments and transfers by the Lenders. Subject to this Clause 2327, a 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 another bank or financial institution or to institution, a trust, fund or other entity which that is regularly engaged in or established for the purpose of making, purchasing or investing in loans, securities or other financial assets (the “New Lender”).
Appears in 1 contract
Sources: Term Loan Facility Agreement (KNOT Offshore Partners LP)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 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 (the each a “New Lender”).
Appears in 1 contract
Sources: Term and Letter of Credit Facility Agreement (Cascal B.V.)
Assignments and transfers by the Lenders. Subject to this Clause 2328 (Changes to the Lenders), a 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 (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement (Grindrod Shipping Holdings Pte. Ltd.)
Assignments and transfers by the Lenders. Subject to this Clause 2321, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, obligations under any Finance Document to another bank or financial institution or to a trust, fund fund, or any insurance or reinsurance company 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2325, a Lender (the “"Existing Lender”") may:
(a) assign any of its rights; or
(b) transfer by novation any way of assumption of contract (contractsoverneming) its entire or part of its rights and obligationslegal relationship, under any Finance Document to another bank or financial institution or to a trust, fund 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 (the “"New Lender”").
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2329 (Changes to the Lenders), a 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2320, a 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 (the “New Lender”).
Appears in 1 contract
Sources: Term Loan Facility Agreement (China Security & Surveillance Technology, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2329, a Lender (the “Existing Lender”) may:
(aA) assign any of its rights; or
(bB) transfer by novation any of its rights and obligations, under any Finance Document 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 (the “New Lender”).
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (Endava PLC)
Assignments and transfers by the Lenders. Subject to this Clause 23clause 20, a 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 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 (the “New Lender”)) provided that such bank, financial intuition, trust, fund or other entity is an Approved Credit Institution.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Hamilton Insurance Group, Ltd.)
Assignments and transfers by the Lenders. Subject to this Clause 2319, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, obligations under any Finance Document to another Lender, an Affiliate of a Lender whose creditworthiness is not materially less than that of the transferring Existing Lender or to a bank or financial institution or to a trust, fund other person 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) assign any of its rightsrights and benefits in respect of any Utilisation; or
(b) transfer by novation any of its rights rights, benefits and obligationsobligations in respect of any Commitment or Utilisation, to another bank or financial institution or to a trust, securitisation trust or fund or (subject to paragraph (a) of Clause 23.2 (Conditions of assignment or transfer)) other entity 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”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2330, a 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 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 (the “New Lender”).
Appears in 1 contract
Sources: Avis Europe Interim Fleet Financing Facility Agreement (Avis Budget Group, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a Lender (the “Existing Lender”) may:
(a) assign any of its rights; or;
(b) transfer by novation any of its rights and obligations; or
(c) enter into a sub-participation or similar agreement in relation to this Agreement, 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 (the “New Lender”).
Appears in 1 contract
Sources: Facilities Agreement (Sappi LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2328 (Changes to the Lenders), a Lender (the “Existing Lender”) maymay without the consent of any Obligor:
(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 or person (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23clause 27, a 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 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 (the “New Lender”)) provided that such bank, financial institution, trust, fund or other entity is an Approved Credit Institution.
Appears in 1 contract
Sources: Amendment and Restatement Agreement (Hanover Insurance Group, Inc.)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(ai) assign any of its rights; or
or (bii) 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 any other entity which is regularly engaged person specifically approved in or established for writing by the purpose of making, purchasing or investing in loans, securities or other financial assets Company (the “New Lender”); and
(b) sub-participate any of its rights and/or obligations under this Agreement.
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2334, a 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 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 (in each case, the “New Lender”).
Appears in 1 contract
Sources: Senior Facilities Agreement (Melco Crown Entertainment LTD)
Assignments and transfers by the Lenders. Subject to this Clause 2325.1, a 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 another bank or financial institution or to a trust, fund or any insurance or reinsurance company 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 (the “"New Lender”").
Appears in 1 contract
Sources: Senior Facility Agreement (International Game Technology PLC)
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 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 (the “"New Lender”").
Appears in 1 contract
Sources: Bridge Facility Agreement
Assignments and transfers by the Lenders. Subject to this Clause 2327 (Changes to the Lenders), a 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 shipping loans (the “New Lender”)) after prior consultation with the Borrowers.
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23clause 22, a Lender (the “Existing Lender”) may:
(a) 22.1.1 assign any of its rights; or
(b) 22.1.2 transfer by novation any of its rights and obligations, 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 (the “New Lender”). An Existing Lender must assign or transfer to the New Lender the same percentage of its participation in each of the Loans.
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause clause 23, a 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 or an Affiliate of a Lender 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23, a 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 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 (the “New Lender”)., provided that:
Appears in 1 contract
Sources: Facility Agreement (PT Indosat TBK)
Assignments and transfers by the Lenders. Subject to this Clause 23, a Lender (the “Existing Lender”) may:
(a) 23.1.1 assign any of its rights; or
(b) 23.1.2 transfer by novation any of its rights and obligations, under any Finance Document 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 (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 23clause 24, a Lender (the “Existing Lender”) may, but subject to the following provisions of this sub-condition:
(a) assign any of its rights; or
(b) transfer by novation any of its rights and obligations, 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 (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement (TRM Corp)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 but excluding in any case a distressed debt fund or loan-to-own investor (the “New Lender”).
Appears in 1 contract
Sources: Multicurrency Revolving Facility Agreement (H Lundbeck a S)
Assignments and transfers by the Lenders. Subject to this Clause 2324, a 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 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 and is a Qualifying Lender (the “New Lender”).
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2325, a 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 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 (the “"New Lender”").
Appears in 1 contract
Assignments and transfers by the Lenders. Subject to this Clause 2322, a 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 (the “New Lender”).
Appears in 1 contract
Sources: Facility Agreement