Permitted Assignments Any Lender may at any time assign to one or more assignees all or a portion of its rights and obligations under the Loan Documents (including all or a portion of its Commitment and the Loans at the time owing to it); provided that any such assignment shall be subject to the following conditions:
(a) the aggregate amount of the Commitments retained by Bank of America, N.A., as Lender, is at least 50.1% of all Commitments
(i) in the case of an assignment of the entire remaining amount of the assigning Lender’s Commitment and/or the Loans at the time owing to it or contemporaneous assignments to related Approved Funds that equal at least the amount specified in clause (ii) below in the aggregate or in the case of an assignment to a Lender, an Affiliate of a Lender or an Approved Fund administered or managed by a Lender or an Affiliate of a Lender, no minimum amount need be assigned; and
(ii) in any case not described in clause (i) above, the aggregate amount of the Commitment (which for this purpose includes Loans outstanding thereunder) or, if the Commitment is not then in effect, the principal outstanding balance of the Loans of the assigning Lender subject to each such assignment, determined as of the date the Assignment and Assumption with respect to such assignment is delivered to Administrative Agent or, if “Trade Date” is specified in the Assignment and Assumption, as of the Trade Date, shall not be less than $5,000,000 unless each of Administrative Agent and, so long as no Event of Default has occurred and is continuing, Borrower Agent otherwise consents (such consent not to be unreasonably withheld or delayed).
(c) Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loans or the Commitment assigned.
(d) No consent shall be required for any assignment except to the extent required by clause (b)(ii) above and, in addition:
(i) the consent of Borrower Agent (such consent not to be unreasonably withheld or delayed) required pursuant to clause (b)(ii) above shall be deemed to have consented to any such assignment unless it shall object thereto by written notice to Administrative Agent within five (5) Business Days after having received notice thereof; and provided, further, that consent of Borrower Agent shall not be required during the primary syndication of the credit facility provided herein; and
(ii) the consent of Administrative Agent (such consent not to be unreasonably withheld or delayed) shall be required if such assignment is to a Person that is not a Lender, an Affiliate of such Lender or an Approved Fund administered or managed by a Lender or an Affiliate of a Lender.
(e) The parties to each assignment shall execute and deliver to Administrative Agent an Assignment and Assumption, together with a processing and recordation fee in the amount of $3,500; provided, however, that Administrative Agent may, in its sole discretion, elect to waive such processing and recordation fee in the case of any assignment. The assignee, if it is not a Lender, shall deliver to Administrative Agent an Administrative Questionnaire.
(f) No such assignment shall be made (i) to any Borrower or any Affiliate or Subsidiary of any Borrower, (ii) to any Defaulting Lender or any of its Subsidiaries, or any Person who, upon becoming a Lender hereunder, would constitute any of the foregoing Persons described in this clause (ii), or (iii) to a natural Person.
(g) In connection with any assignment of rights and obligations of any Defaulting Lender hereunder, no such assignment shall be effective unless and until, in addition to the other conditions thereto set forth herein, the parties to the assignment shall make such additional payments to Administrative Agent in an aggregate amount sufficient, upon distribution thereof as appropriate (which may be outright payment, purchases by the assignee of participations or other compensating actions, including funding, with the consent of Borrower Agent and Administrative Agent, the applicable pro rata share of Loans previously requested but not funded by the Defaulting Lender, to each of which the applicable assignee and assignor hereby irrevocably consent), to (x) pay and satisfy in full all payment liabilities then owed by such Defaulting Lender to Administrative Agent or any Lender hereunder (and interest accrued thereon) and (y) acquire (and fund as appropriate) its full pro rata share of all Loans in accordance with its Applicable Percentage. Notwithstanding the foregoing, in the event that any assignment of rights and obligations of any Defaulting Lender hereunder shall become effective under applicable Law without compliance with the provisions of this clause (g), then the assignee of such interest shall be deemed to be a Defaulting Lender for all purposes of this Agreement until such compliance occurs.
Room Assignments 6.1 Rooms shall be occupied only by the residents(s) assigned to them by University Housing.
6.2 Assignments are non-transferable. Subletting is not permitted.
6.3 Keys will only be issued to the authorized residents of the assigned housing. University Housing staff are not permitted to issue a key to a friend, family member, or designee. Residents are prohibited from giving their keys to anyone who is not an authorized occupant.
6.4 Occupancy is defined as the number of people assigned to a bedroom; residence halls are either single or double occupancy, Wolf Village and Wolf Ridge are all single occupancy bedrooms, ▇▇ ▇▇▇▇ Village, Western Manor and Coastal Quarters are single or double bedrooms.
6.5 Students or employees assigned to ▇▇ ▇▇▇▇ Village or Western Manor may have a spouse and/or legal dependents assigned to the apartment with prior approval from University Housing. Friends, extended family members or other NC State students are not eligible to be an additional occupant unless the individual is a spouse and/or legal dependent of the primary applicant. The total number of residents, including the primary resident and all additional occupants, in one apartment cannot exceed the occupancy limit for the type of apartment, as outlined on the University Housing website.
6.6 NC State housing assignments are made without regard to age, color, disability, gender identity, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status.
6.7 Roommate Preferences: While University Housing strives to meet resident’s requests for a preferred roommate, this Agreement does not guarantee such an assignment. Agreements will not be terminated and refunds will not be issued if preferred roommate requests cannot be granted.
6.8 Room/Roommate Changes: Assignment changes must be first approved by University Housing. Residents wishing to change a room assignment or roommate must complete the room change request in MyPack Portal. Submitting a request does not guarantee a change will be granted. Residents changing
6.9 University Housing may move residents for consolidation, disciplinary action, facility failure, or other reasons in response to unforeseen circumstances at its sole discretion.
6.10 Residents moving from one University-owned housing facility to another are bound to the applicable agreement/community standards/costs for the new facility assignment. Residents may also be responsible for any applicable termination charges resulting from the assignment transfer.
6.11 A qualified student with a disability who seeks reasonable accommodation in housing must register with the Disability Resources Office. The student should notify Housing by indicating the requested accommodation on their application or in a written request to the Housing Office by May 17 for the fall semester and November 2 for the spring semester. Applications submitted after these dates will be considered, however, NC State University cannot guarantee that it will be able to meet late applicants’ accommodation needs, including any needs that develop during the semester. Once the information is received, it shall be reviewed with relevant NC State officials, as appropriate (e.g. Disability Resources Office, Campus Health Services, the student’s academic advisor, etc.) and the student shall be informed of the decision in writing.
6.12 NC State Employees assigned to ▇▇ ▇▇▇▇ Village or Western Manor and University Housing student staff seeking housing accommodations including Assistance Animal approval must work through the Office of Institutional Equity and Diversity (OIED) for housing accommodation approval.