Approval by Lender. Perma-Fix's lender shall have approved the transactions contemplated by this Agreement and the Chem-Met Agreement, and Perma-Fix shall have obtained for Chem-Con and Chem-Met a working capital line of credit from and after consummation of the Acquisitions on terms satisfactory to Perma-Fix. All of Chem-Met's debts and obligations to Charter Bank shall have been paid in full, and Charter Bank shall have released all liens and security interest in and to the assets of Chem-Met, all in form and substance satisfactory to Perma-Fix.
Approval by Lender. Buyer's lenders under all credit facilities shall have been consented to the transactions contemplated by this Agreement;
Approval by Lender. All proceedings relating to the Loan and all documents required or contemplated by this Agreement, and the persons responsible for the execution and preparation thereof, shall be satisfactory to Lender, and Lender's counsel shall have received copies (or certified copies where appropriate in such counsel's judgment) of all documents requested.
Approval by Lender. Tenant acknowledges that any future holder of an Encumbrance may retain the right to approve the terms and provisions of this Lease. Tenant agrees that, in the event such holder shall require any modification of this Lease in order to protect its security interest in the Premises; provided, however, no modification of this Lease shall materially increase Tenant's obligations under this Lease or impose requirements upon Tenant which are more burdensome.
Approval by Lender. Without the consent of the Lender, the Borrower shall not, and in its capacity as a direct or indirect shareholder, member or participant of any Affiliated Entity, shall not vote or otherwise approve a decision to:
(a) amend the constituent documents of the Borrower and to adopt or amend the constituent documents of any Affiliated Entity; to grant a consent required thereunder or waive any provisions thereof on behalf of the Company or any Affiliated Entity.
(b) unless specified in the approved Budget (as hereinafter defined) and except as otherwise provided herein, sell, transfer, assign, grant a right to use, grant a right of first refusal, grant an option or a similar right, or otherwise dispose of (i) any of the Kremlin Sites, or any rights thereto or interests therein (including but not limited to ownership rights, leasehold interests (whether as landlord or tenant), rights to use or easements) or (ii) any asset (or group of assets in a transaction or series of transactions) the cost or fair market value (whichever is greater) of which exceeds $100,000 individually or $200,000 in the aggregate in any given year;
(c) unless specified in the approved Budget, borrow, issue guarantees or assume other contingent obligations to pay money in an amount which exceeds in the aggregate $100,000 outstanding at any given time;
(d) unless specified in the approved Budget, grant a security interest or otherwise encumber (i) any of the Kremlin Sites or any rights thereto or interests therein (including but not limited to ownership rights, leasehold interests (whether as landlord or tenant), rights to use or easements), or (ii) any asset (or group of assets in a transaction or series of transactions) the cost, fair market value or value assigned in such transaction(s) (whichever is greater) of which exceeds $100,000 at any one time or $200,000 in the aggregate in any given year;
(e) take any actions regarding registration of the shares of the Borrower or interests in any Affiliated Entity necessary for a public offering;
(f) merge, reorganize or consolidate the Borrower or any Affiliated Entity with any other corporation or entity unless the surviving entity shall be the Borrower or such other Affiliated Entity, respectively, or the Borrower or other Affiliated Entity is merged, reorganized or consolidated with an Affiliate thereof, except that domestication of the Borrower in the State of Delaware shall not be subject to this Section 5.1(f);
(g) dissolve voluntarily ...
Approval by Lender. Borrower shall obtain the prior written approval of Lender, which shall not be unreasonably withheld, delayed or conditioned, of all documents to which Borrower is a party and which are to be recorded in the Bureau of Conveyances of the State of Hawaii, or filed in the Office of the Assistant Registrar of the Land Court of the State of Hawaii, or filed with the Hawaii Real Estate Commission, for any purpose with respect to the Property, the Project or any other property covered by the Security Documents.
Approval by Lender. Borrower shall provide to the Lender at the expense of the Borrower the Florida form of "condominium endorsement" endorsing the Lender's ALTA Lender's Title Insurance Policy to reflect the Premises to be a valid condominium under the Condominium Act and insuring that the lien of the Mortgage extends to and creates a lien against the Units and Timeshare Estates and all Common Elements appurtenant to such Unit or Timeshare Estates excepting those Timeshare Estates which have been released from the lien of the Mortgage as of the date of endorsement.
Approval by Lender. Tenant acknowledges and agrees that this Lease may be subject to the approval of Landlord’s lender, and Tenant hereby agrees to make such modifications of this Lease as shall be reasonably requested by Landlord’s lender, so long as such modifications shall not increase Rent payable hereunder, or increase or decrease the Term hereof, or otherwise materially, adversely affect Tenant’s rights and obligations hereunder.
Approval by Lender. Tenant acknowledges that any future holder ------------------ of an Encumbrance may retain the right to approve the terms and provisions of this Lease. Tenant agrees that, in the event such holder shall require any modification of this Lease in order to protect its security interest in the Premises, including, without limitation, modification of the provisions relating to damage to or condemnation of the Premises, Tenant shall execute the appropriate amendments to this Lease, provided, however, no modification of this Lease shall (a) change the size, location or dimension of the Premises, (b) increase the Rents payable by Tenant hereunder, (c) result in unreimbursable expenses to Tenant, or (d) reduce Tenant's rights or protections set forth herein. If Tenant fails to execute any such amendment, Landlord may, at Landlord's discretion, terminate this Lease.
