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warranties whatsoever as to the existence or the availability of such warranties relating to the <br />Equipment. <br />ARTICLE X <br />ASSIGNMENTS <br />Section 10.01. Assignment by Lender. <br />(a) Lender may, at any time and from time to time, assign all or any part of its <br />interest in the Equipment or this Agreement, including, without limitation, Lender's rights to <br />receive Installment Payments payable to Lender hereunder or thereunder, in accordance with this <br />Section ..10.01.: Any .assignment .made by Lender or any subsequent assignee shall not purport to <br />convey any greater interest or rights than those held by Lender pursuant to this Agreement. Any <br />assignment by Lender may be to a bank, insurance company, or similaz financial institution or <br />any other entity, provided that any such other entity shall be approved by the LGC if this <br />Agreement requires LGC approval pursuant to Section 3.04(x) hereof. Purchaser agrees that this <br />Agreement may become part of a pool of obligations at Lender's or its assignee's option. In <br />addition, Lender or its assignees may assign or reassign all or any part of this Agreement, <br />including the assignment or reassignment of any partial interest through the use of certificates <br />evidencing participation interests in this Agreement without the consent of Purchaser or the <br />LGC. Purchaser shall not have the right to and shall not assert against any assignee any claim, <br />counterclaim or other right Purchaser may have against Lender or Vendor. Notwithstanding the <br />foregoing, unless to an affiliate controlling, controlled by or under common control with Lender, <br />no assignment or reassignment of Lender's interest in the Agreement shall be effective unless <br />and until Purchaser shall receive notice of such assignment or reassignment disclosing the name <br />and address of each such assignee. <br />(b) Purchaser further agrees that Lender's interest in this Agreement maybe assigned <br />in whole or in part upon terms which provide in effect that the assignor or assignee will act as a <br />collection and paying agent for any holders of certificates of participation in this Agreement, <br />provided. Purchaser receives notice of such assignment and such collection and paying agent <br />covenants and agrees to maintain for the full remaining term of this Agreement a written record <br />of each assignment and reassignment of such certificates of participation. <br />(c) Purchaser agrees to execute any document reasonably required in connection with <br />any assignment. If Lender notifies Purchaser of its intent to assign this Agreement, Purchaser <br />agrees that it shall.; execute and deliver to Lender a Notice and Acknowledgement of Assignment <br />substantially in the- form of Exhibit F attached to this Agreement within five (5) business days <br />after its receipt of such request.. Any assignor must provide notice of any assignment to <br />Purchaser, and Purchaser shall keep a complete and accurate record of all assignments as <br />required by the Code. After the giving of any such notice, Purchaser shall thereafter make all <br />payments in accordance with such notice to the assignee named therein and shall, if so requested, <br />acknowledge such assignment in writing, but such acknowledgment shall in no way be deemed <br />necessary to make the assignment effective. <br />(d) Lender represents and warrants that it is familiaz with federal and North Carolina <br />legislation, rules and regulations as to limitations upon the public distribution of securities that <br />#765698v2 (BAPCC/N Carolina Installment Purch Agmt) 16 <br />