Agency Consideration of Requested Transfer Sample Clauses

Agency Consideration of Requested Transfer. Agency reserves sole and absolute discretion to approve or disapprove a request for Transfer made pursuant to this Section, upon Developer's delivery of written Notice to Agency requesting such approval. Such Notice shall be accompanied by sufficient evidence regarding the proposed assignee's or purchaser's development and/or operational qualifications and experience, and its financial commitments and resources, in sufficient detail to enable Agency to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section and as reasonably determined by Agency. An assignment and assumption agreement in form satisfactory to Agency’s legal counsel shall also be required for all proposed assignments. Within thirty (30) days after the receipt of Developer's written notice requesting Agency approval of an assignment or Transfer pursuant to this Section, Agency shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, Agency reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to Agency such further information as may be reasonably requested.
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Agency Consideration of Requested Transfer. The Agency agrees that it will consider a request for approval of a Transfer made pursuant to this Section 603, provided Developer delivers written notice to the Agency requesting such approval. Such notice shall be accompanied by sufficient evidence regarding the proposed transferee’s development qualifications and experience, and its financial commitments and resources, in sufficient detail to enable the Agency to evaluate the proposed assignee or purchaser. An assignment and assumption agreement in form satisfactory to the Agency’s legal counsel shall also be required for all proposed Transfers which require Agency approval. Within thirty (30) days after the receipt of Developer’s written notice requesting Agency approval of a Transfer pursuant to this Section 603, the Agency shall either approve or disapprove such proposed Transfer or shall respond in writing by stating what further information, if any, the Agency reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to the Agency such further information as may be requested.
Sample 1
Agency Consideration of Requested Transfer. The Agency agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer made pursuant to this Section 603 which requires the Agency’s approval, provided the Developer delivers written Notice to the Agency requesting such approval. Such Notice shall be accompanied by evidence regarding the proposed transferee’s development and/or operational qualifications and experience and its financial commitments and resources in sufficient detail to enable the Agency to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 603 and as reasonably determined by the Agency. The Agency may, in considering any such request, take into consideration such factors as, without limitation, the transferee’s experience and expertise, the transferee’s past performance as developer or operator of similar developments, and the transferee’s current financial condition and capabilities. An assignment and assumption agreement in form reasonably satisfactory to the Agency’s legal counsel shall also be required for all proposed Transfers requiring the Agency’s approval hereunder. Within fifteen (15) days after the receipt of the Developer’s written Notice requesting Agency approval of a Transfer pursuant to this Section 603, the Agency shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, the Agency reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, the Developer shall promptly furnish to the Agency such further information as may be reasonably requested and the Agency shall approve or disapprove the requested Transfer within fifteen (15) days after the receipt of such information. Upon the effective date of an assignment approved by the Agency, the assignor or transferor shall be released from all obligations to the Agency hereunder.
Sample 1
Agency Consideration of Requested Transfer. Agency agrees that it will not unreasonably withhold, condition, or delay approval of a request for approval of a Transfer made pursuant to this Section 1216, et seq., provided Developer delivers written notice to Agency requesting such approval and includes the proposed assignment and assumption contract and all necessary and relevant background and experience information related to the proposed transferee. An assignment and assumption agreement in form satisfactory to Agency’s legal counsel shall be required for each proposed Transfer. Within fifteen (15) days after the receipt of Developer’s written notice requesting Agency approval of a Transfer pursuant to this Section 1216, et seq., Agency shall either approve or disapprove such proposed assignment or shall respond in writing by stating what further information, if any, Agency reasonably requires in order to determine the request complete and determine whether or not to grant the requested approval. Upon receipt of such a response, Developer shall promptly furnish to Agency such further information as may be reasonably requested.
Sample 1
Agency Consideration of Requested Transfer. The Agency agrees that it will not unreasonably withhold approval of a request made pursuant to this Section 504, provided (a) the Developer delivers written notice to the Agency requesting such approval, and (b) the proposed assignee or transferee possesses comparable operational experience and capability, and comparable net worth and resources, as the proposed transferor or assignor, and (c) the assignee or transferee assumes the obligations of the Developer under this Agreement in a form which is reasonably acceptable to the Agency, and (d) the assignee or transferee is a Community Housing Development Organization. Such notice shall be accompanied by evidence regarding the proposed assignee’s or purchaser’s qualifications and experience and its financial commitments and resources sufficient to enable the Agency to evaluate the proposed assignee or purchaser pursuant to the criteria set forth in this Section 504(c) and other criteria as reasonably determined by the Agency. The Agency shall approve or disapprove the request within thirty (30) days of its receipt of the Developer’s notice and all information and materials required herein. In no event, however, shall the Agency be obligated to approve the assignment or transfer of the Agency Loan, Promissory Notes or Deed of Trust pursuant to this Section 504, except to an approved transferee or assignee of the Developer’s rights in and to the Property.
Sample 1
Agency Consideration of Requested Transfer. 803.1 Notice; Consideration of Transfer. Should Developer desire to enter into an Transfer, Developer shall provide Notice of the proposed Transfer at least thirty (30) days before the intended effective date of the proposed Transfer, which request shall include the following: (a) the effective date, terms and conditions of the proposed Transfer, (b) detailed financial information regarding the proposed transferee, including balance sheets and income statements for the current year-to- date and the two previous years, (c) a description of the previous business experience of the proposed transferee, particularly the experience in constructing similar projects, (d) a complete business plan prepared by the proposed transferee, and (e) any further information relevant to the proposed Transfer which Agency shall reasonably request. Within thirty (30) days after the later of (i) Agency’s receipt of Developer’s Notice, and (ii) Agency’s receipt of all of the information set forth in (a) through (e) above (hereinafter, the “Review Period”), Agency may elect either to: (aa) consent to the proposed Transfer; or (bb) deny such consent, provided that any denial shall specify in reasonable detail the reasons for such denial. An assignment and assumption agreement in form satisfactory to Agency’s legal counsel shall also be required for all proposed Transfers under this Section.
Sample 1

Related to Agency Consideration of Requested Transfer

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  • Condition Precedent to Requesting Payment Grantee will disburse program income, rebates, refunds, contract settlements, audit recoveries, and interest earned on such funds before requesting cash payments including any advance payments from the System Agency.

  • Termination of Recall Rights The layoff shall be a termination of employment and recall rights shall lapse if the layoff lasts for more than twenty-four (24) consecutive months without recall.

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  • RISK CONSIDERATION There are no significant risks associated with the recommendations contained within this report. This application may be considered under existing MPS policies. Community Council has the discretion to make decisions that are consistent with the MPS, and such decisions may be appealed to the N.S. Utility and Review Board. Information concerning risks and other implications of adopting the proposed development agreement are contained within the Discussion section of this report. ENVIRONMENTAL IMPLICATIONS No environmental implications are identified.

  • CONDITIONS APPLICABLE PENDING TRANSFER As has already been referred to in this agreement, the common property will be owned and controlled by a body corporate for and on behalf of all owners including the purchaser. As the body corporate will only be established once the first transfer of a unit in the development has occurred, the Seller shall from the completion date and until the date of the establishment of the body corporate bear the rights and obligations of the body corporate. In this regard, during the period from the completion date until date of transfer, the following conditions shall apply:

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  • Sale of Note; Change of Loan Servicer; Notice of Grievance The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the “Loan Servicer”) that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party’s actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.

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