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Borrower may assign this Loan Agreement to an Affiliate (as defined below) or in connection with <br />any merger, reorganization, sale of all or substantially all of our assets or any similar transaction. <br />This Loan Agreement will be binding upon, inure to the benefit of, and be enforceable by the <br />parties and their respective successors and assigns. `Affiliate' as used herein means (i) any entity <br />that directly or indirectly controls, is controlled by, or is under common control with Borrower or <br />(ii) in which SBCC Development Corp. is the owner of 51 % or more of the direct or indirect <br />beneficial interests and/or is directly or indirectly controlled, controlling or under common control <br />with Mark Tamer. By way of clarification, notwithstanding any provision in this Agreement to <br />the contrary the making of the Loan (and the forgiveness of the Note) under the provisions of this <br />Agreement shall not be contingent upon the Borrower having commenced or completed any <br />particular portions of Facilities by the date of the Loan (or the date of forgiveness of the Note) <br />provided Borrower has otherwise performed its applicable obligations with respect to the Project. <br />(End of Article III) <br />12 <br />4854-2813-5735.5 <br />