Alienation. (1) Investments of investors of either Contracting Party shall not be alienated, nationalised, expropriated or subjected to measures having effect equivalent to alienation, nationalisation or expropriation (hereinafter referred to as "alienation") in the territory of the other Contracting Party except for a public purpose, in non-discriminatory manner, under due process of law and against payment of compensation according to the host country legislation. Such compensation shall amount to the genuine value of the investment alienated immediately before the alienation or before the impending alienation became public knowledge, whichever is the earlier, shall include interest at a fair and equitable rate until the date of payment, shall be made without unreasonable delay, be effectively realizable and be freely transferable.
(2) The investor affected shall have right, under the law of the Contracting Party making the alienation, to review, by a judicial or other independent authority of that Party, of his or its case and of the valuation of his or its investment in accordance with the principles set out in this paragraph. The Contracting Party making the expropriation shall make every endeavour to ensure that such review is carried out promptly.
(3) Where a Contracting Party expropriates the assets of a company which is incorporated or constituted under the law in force in any part of its own territory, and in which investors of the other Contracting Party own shares, it shall ensure that the provisions of paragraph (1) of this Article are applied to the extent necessary to ensure fair and equitable compensation in respect of their investment to such investors of the other Contracting Party who are owners of those shares.
Alienation. 7.1 Until a Deed of Conveyance is executed unto and in favour of the Purchaser/s herein, the Purchaser/s herein shall not be entitled to mortgage (except in the case of the purchaser obtaining a home/housing loan from any recognized financial institution where Clause- C below shall be applicable) or encumber or alienate or dispose of or deal in any manner whatsoever with the said Unit/Flat or any portion thereof and/or any right or benefit of the Purchaser/s herein in the said Unit/s/Flat/s/Car Parking Space/s and Other/s and/or under this Memorandum unless all the following conditions are complied with:
a) There has been no default whatsoever by the Purchaser/s herein in compliance with and/or performance of any of the Purchaser herein covenants, undertakings and obligations under this memorandum or otherwise.
b) The Purchaser/s herein has/have made full payment of the agreed consideration, the additional payments and deposits.
c) Prior consent in writing is obtained from the Developer herein regarding the proposed mortgage, encumbrance, assignment, disposal or alienation.
7.2 After completion of the execution and registration of the Deed of Conveyance unto and in favour of the Purchaser/s herein, the Purchaser/s herein may deal with or dispose of or alienate the said Unit/Flat in lawful manner and subject to the following conditions:
a) The said Unit/s/Flat/s/Car Parking Space/s and other/s be one lot and shall not be partitioned or dismembered in parts. In case of sale, alienation, transfer, demise, and grant of the said Unit/s/Flat/s/Car Parking Space/s/ and other/s unto and in favour of more than one buyer, the same shall be done in their favour jointly and in undivided shares.
b) The transfer, sell, grant, demise, and sale of the said Unit/s/Flat/s/Car Parking Space/s/ and Other/s by the Purchaser/s herein shall not be in any manner inconsistent with this Agreement and/or the Deed of Conveyance and the covenants contained herein and/or to be contained in the Deed of Conveyance shall run with the land and/or transfer and shall be self-same manners and nature. The person(s) to whom the Purchaser/s may transfer/ alienate the said Unit/s/Flat/s/Car Parking Space/s and Other/s shall be made bound by the same terms, conditions, covenants, stipulations, undertakings and obligations as applicable to the Purchaser/s herein by law and/or by virtue of this Agreement and/or the proposed necessary Deed of Conveyance.
c) All the dues including outstanding amounts,...
Alienation. 4.13.1 Not to:
(i) assign, charge, underlet or part with possession of the whole or part only of the Property nor to agree to do so except by an assignment of the whole of the Property permitted by this Clause 4.13;
(ii) share the possession or occupation of the whole or any part of the Property;
(iii) assign, part with or share any of the benefits or burdens of this lease, or any interest derived from it by a virtual assignment or other similar arrangement;
Alienation. 4.7.1 Not to hold the Premises on trust for another
4.7.2 Not to assign underlet or charge part only of the Premises save that the Tenant may underlet part of the Premises if such underletting is of a contiguous area of not less than 10,000 square feet and the requirements of clause 4.7.5 – 4.7.8 (inclusive) are complied with
4.7.3 Not to assign this Lease without the consent of the Landlord but subject to the operation of the following provisions of this clause 4.7.3 such consent is not to be unreasonably withheld or delayed
4.7.3.1 In addition to reasonable grounds the Landlord may withhold its consent to an application by the Tenant for licence to assign this Lease unless (for the purposes of s 19(1 A) of the Landlord and Tenant Act 1927) the condition and criteria set out in this clause 4.7.3.1 are met that
4.7.3.1.1 at the time of the assignment there are no arrears of rent or other monies properly due under this Lease to the Landlord
4.7.3.1.2 at the time of assignment the Tenant enters into an authorised guarantee agreement the operative provisions of which are in the form required in Schedule 5 Part 2 or in such other form as the Landlord shall reasonably require
4.7.3.1.3 on an assignment by the Tenant to a company which is another member of the Tenant’s Group the Tenant procures that another company in the Tenant’s Group which is reasonably acceptable to the Landlord (unless it is the assignee or it would be required under the terms of this Lease to enter into an authorised guarantee agreement) enters into a guarantee the operative provisions of which are in the form required in Schedule 5 Part 1 but in determining whether a member of the Tenant’s Group is an acceptable assignee the Landlord shall be entitled to disregard any guarantee being given on behalf of the proposed assignee.
4.7.3.1.4 on an assignment if the Landlord reasonably so requires to procure a guarantee to the tenant covenants of the assignee from a guarantor who is reasonably acceptable to the Landlord the operative provisions of which are in the form required in Schedule 5 Part 1.
4.7.3.1.5 in the reasonable opinion of the Landlord the proposed assignee is a person who is likely to be unable is likely to become unable to comply with the tenant covenants of this Lease which likelihood is adjudged by reference to the financial strength of the proposed assignee aggregate with that of any guarantor offered of the proposed assignee at the date of the proposed assignment
4.7.4 Not to...
Alienation. Not to assign sub-let or part with the possession of the Lease Premises or any part thereof without first obtaining the Lessor’s written consent (which consent shall not be unreasonably withheld) AND IT IS HEREBY EXPRESSLY AGREED AND DECLARED THAT upon any breach by the Lessee of this covenant it shall be lawful for the Lessor to re-enter upon the Lease Premises without notice and thereupon the Term shall determine absolutely. For the purpose of this sub-clause, if the Lessee is a partnership firm business or limited liability company the transfer of the beneficial interest in more than 50% of its holding or issued share capital shall be deemed to be an assignment. The Parties hereby agree that the Lessor’s consent required under this Clause shall not be unreasonably withheld and where consent is denied, the Lessor shall promptly notify the Lessee of the reasons of such rejection and where applicable indicate conditions, if any that the Lessee should meet before such consent is granted.
Alienation. The Borrower shall not sell, mortgage, settle, transfer, lease, surrender or otherwise howsoever alienate the house property or any part thereof.
Alienation. Not to assign, transfer, underlet, or part with the possession or occupation of the Demised Premises or any part thereof or suffer any person to occupy the Demised Premises or any part thereof as a licensee BUT SO THAT NOTWITHSTANDING the foregoing the Landlord shall not unreasonably withhold or delay its consent to an assignment of the entire of the Demised Premises or an underletting of the entire or part of the Demised Premises to an assignee/underlessee that constitutes an institutionally acceptable covenant and that is of good and sufficient financial standing (and in the case of an assignment, is otherwise to the reasonable satisfaction of the Landlord) sufficient to meet its obligations as aforesaid subject always to the following provisions or such of them as may be appropriate, that is to say:
(a) The Tenant shall prior to any such alienation as aforesaid apply to the Landlord and give all reasonable information concerning the proposed transaction and concerning the proposed assignee, under-lessee, licensee or disponee as the Landlord may reasonably require;
(b) The Landlord’s consent (if given) to any such alienation shall be in writing and shall be given in such manner as the Landlord shall decide acting reasonably and the Tenant shall pay the reasonable vouched costs of the Landlord properly incurred in connection with the furnishing of such decision;
(c) In the case of an assignment to a limited liability company which is not an institutionally acceptable covenant and of good and sufficient financial standing to meet its obligations as aforesaid, it shall be deemed reasonable for the Landlord to require that a guarantor or guarantors of financial standing satisfactory to the Landlord (acting reasonably) shall join in such consent as aforesaid as surety or sureties for such Company in order jointly and severally to covenant with the Landlord in the manner described in the guarantee contained in the Schedule 8 (mutatis mutandis);
(d) In the case of an underlease, the Tenant agrees to use reasonable endeavours to ensure that the terms and conditions of any underlease remain confidential as between the Landlord and the Tenant and shall not be disclosed by the Tenant to any third party without the Landlord's prior written approval, except as required by Law;
(e) In the case of an underlease, the same shall be of either the entire of the Demised Premises or part of the Demised Premises PROVIDED THAT
(A) The Tenant may sub-let on a floor-by-floor bas...
Alienation. No benefits under this Agreement shall be subject in any manner to anticipation, alienation, sale, transfer, assignment, pledge, encumbrance or charge. Any attempt to so anticipate, alienate, sell, transfer, assign, pledge, encumber or charge the same shall be void. Nor shall any such benefits in any manner be liable for or subject to the debts, contracts, liabilities, domestic relations orders or torts of the person entitled to such benefits except to the extent required by applicable law.
Alienation. (a) The Mortgagor agrees that if, except for the Permitted Transfers (as defined in subsection (c) below), the Mortgaged Property or the Collateral or any part thereof or interest therein is sold, assigned, transferred, conveyed or otherwise alienated by the Mortgagor (including, without limitation, any leasing of the Mortgaged Property), whether voluntarily or involuntarily or by operation of law, in either or in any case without the prior written consent of the Mortgagee, which may be granted or withheld by the Mortgagee in its sole discretion, the Mortgagee, at its option, may declare the Obligations to be forthwith due and payable. Any change in the legal or equitable title to the Mortgaged Property or the Collateral or any part thereof or interest therein or in the beneficial ownership of the Mortgaged Property or the Collateral or any part thereof or interest therein whether or not of record and whether or not for consideration, or any sale or sales or other disposition of any membership interest in the Mortgagor, shall be deemed to be the transfer of an interest in the Mortgaged Property and the Collateral.
(b) Except in the case of a Permitted Transfer, if ownership of the Mortgaged Property or the Collateral or any part thereof or interest therein becomes vested in a person or persons other than the Mortgagor, whether with or without the prior written approval of the Mortgagee, then the Mortgagee may, without notice to the Mortgagor, waive a default if such occurs thereby and deal with such successor or successors in interest with reference to this Mortgage and the other Loan Documents in the same manner as with the Mortgagor, without in any way releasing, discharging or otherwise affecting the liability of the Mortgagor hereunder, or the Obligations. No sale of the Mortgaged Property or the Collateral or any part thereof or interest therein, no forbearance on the part of the Mortgagee, no extension of the time for the payment and performance of the Obligations, and no change in the terms thereof consented to by the Mortgagee shall in any way whatsoever operate to release, discharge, modify, change or affect the original liability of the Mortgagor herein, either in whole or in part, nor shall the full force and effect of this lien be altered thereby.
Alienation. 6.1 Not to hold on trust for another or (save pursuant to a transaction permitted by and effected in accordance with the provisions of this Lease) part with or share possession of the whole or any part of the Premises or permit another to occupy the whole or any part of the Premises
6.2 Not to assign or underlet part only of the Premises and not to charge the whole or any part of the Premises
6.3 Not to assign or underlet the whole of the Premises (i) without the prior consent in writing of the Landlord which consent shall not be unreasonably withheld or delayed nor (ii) without first complying with the other provisions of this paragraph 6
6.4 That no interest (howsoever remote) derived out of the Term shall be created in respect of the whole or any part of the Premises upon payment of a fine or premium or at a rent less than the rent for the time being payable under this Lease or so that the rent shall be payable more than three months in advance or save by instrument in writing containing the following -
(i) an absolute prohibition against any assignment charge underlease or parting with or sharing the possession or occupation of part only of the premises comprised in such interest and against any underlease or parting with or sharing the possession or occupation of the whole thereof and
(ii) provisions to be approved by the Landlord to the effect that the rent thereby reserved shall be subject to review at times to be approved by the Landlord to the intent that the rent shall be revised on such dates as may accord with current market practice and in any event on such dates as the rent may fall to be revised under this Lease (if applicable) and to the intent that the rent payable on and after any review date until any subsequent review date shall not be less than the highest open market rent obtainable without taking a fine or premium and shall in no case be less than the rent payable immediately prior to such review or less than the rent payable for the time being hereunder and
(iii) covenants rights and conditions similar to those contained in this Lease
6.5 If the Tenant shall desire to assign the Premises as a whole it shall (on each occasion) first procure that any intended assignee shall covenant directly with the Landlord during the residue of the term then subsisting to pay the rent hereby reserved and to observe and perform the covenants and conditions herein contained and the Landlord shall be entitled to impose all or any of the matters set ou...
