DOCUMENTS AND ITS RIGHTS IN THE COLLATERAL.
(G)
EACH CREDIT PARTY AGREES TO PROVIDE
COMMERCIALLY REASONABLE EFFORTS TO ASSIST ANY LENDER IN ASSIGNING OR SELLING
PARTICIPATIONS IN ALL OR ANY PART OF ANY LOAN MADE BY SUCH LENDER TO A POTENTIAL
TRANSFEREE OR PARTICIPANT IDENTIFIED BY SUCH LENDER.
(H)
NOTWITHSTANDING ANYTHING IN THE LOAN
DOCUMENTS TO THE CONTRARY, (I) CAPITALSOURCE AND ITS AFFILIATES SHALL NOT BE
REQUIRED TO EXECUTE OR DELIVER A LENDER ADDITION AGREEMENT IN CONNECTION WITH
ANY TRANSACTION INVOLVING CAPITALSOURCE AND ANY OF ITS AFFILIATES, OR THE
LENDERS OR FUNDING OR FINANCING SOURCES OF CAPITALSOURCE OR ANY OF ITS
AFFILIATES, (II) SUBJECT TO THE PROVISIONS AT THE END OF THIS PARAGRAPH, NO
LENDER TO OR AFFILIATE, FUNDING OR FINANCING SOURCE OF CAPITALSOURCE OR ANY OF
ITS AFFILIATES SHALL BE CONSIDERED A TRANSFEREE, AND (III) THERE SHALL BE NO
LIMITATION OR RESTRICTION ON (A) THE ABILITY OF CAPITALSOURCE OR ANY OF ITS
AFFILIATES TO ASSIGN OR OTHERWISE TRANSFER ANY LOAN DOCUMENT, COMMITMENT OR
OBLIGATION TO ANY SUCH AFFILIATE OR LENDER OR FINANCING OR FUNDING SOURCE OR
(B) ANY SUCH LENDER'S OR FUNDING OR FINANCING SOURCE'S ABILITY TO ASSIGN OR
OTHERWISE TRANSFER ANY LOAN DOCUMENT, COMMITMENT OR
53
OBLIGATION; PROVIDED, HOWEVER, CAPITALSOURCE SHALL CONTINUE TO BE LIABLE AS A
"LENDER" UNDER THE LOAN DOCUMENTS UNLESS SUCH AFFILIATE, LENDER OR FUNDING OR
FINANCING SOURCE EXECUTES AND DELIVERS A LENDER ADDITION AGREEMENT AND THEREBY
BECOMES A "LENDER."
(I)
THE LOAN DOCUMENTS SHALL BE BINDING UPON
AND INURE TO THE BENEFIT OF EACH LENDER, AGENT, EACH TRANSFEREE, EACH
PARTICIPANT (TO THE EXTENT EXPRESSLY PROVIDED HEREIN ONLY) AND ALL FUTURE
HOLDERS OF THE LOAN, THE NOTES, THE OBLIGATIONS AND/OR ANY OF THE COLLATERAL,
AND EACH OF THEIR RESPECTIVE SUCCESSORS AND ASSIGNS.
EACH LOAN DOCUMENT SHALL
BE BINDING UPON THE PERSONS OTHER THAN LENDERS AND AGENT THAT ARE PARTIES
THERETO AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS; PROVIDED THAT, NO SUCH
PERSON SHALL ASSIGN, DELEGATE OR TRANSFER ANY LOAN DOCUMENT OR ANY OF ITS RIGHTS
OR OBLIGATIONS THEREUNDER WITHOUT THE PRIOR WRITTEN CONSENT OF AGENT AND EACH
LENDER.
NO RIGHTS ARE INTENDED TO BE CREATED UNDER ANY LOAN DOCUMENT FOR THE
BENEFIT OF ANY THIRD PARTY DONEE, CREDITOR OR INCIDENTAL BENEFICIARY OF ANY
CREDIT PARTY.
NOTHING CONTAINED IN ANY LOAN DOCUMENT SHALL BE CONSTRUED AS A
DELEGATION TO AGENT OR ANY LENDER OF ANY OTHER PERSON'S DUTY OF PERFORMANCE.
12.3
REINSTATEMENT; APPLICATION OF PAYMENTS
To the extent that any payment made or received with respect to the Obligations
is subsequently invalidated, determined to be fraudulent or preferential, set
aside, defeased or required to be repaid to a trustee, debtor in possession,
receiver, administrator custodian or any other similar Person under any Debtor
Relief Law, common law or equitable cause or any other law, then the Obligations
intended to be satisfied by such payment shall be revived and shall continue as
if such payment had not been received by Agent or any Lender and the Liens
created by the Security Documents shall be revived automatically without