Assignment and Dealing. (a) The Participant must not assign, novate or deal with any right under this Funding Agreement without the prior written consent of the Commonwealth.
(b) Any assignment, novation or dealing or purported assignment, novation or dealing in breach of this clause 16.2 will have no effect in so far as it might otherwise affect the Commonwealth.
Assignment and Dealing. We may assign, sub-contract or transfer the whole or any part of Our claims, rights, benefits, and obligations in or under the Agreement to any partnership, company or body corporate (whether or not a member of the Equiom Group) without Your prior written consent so long as we act in line with Applicable Law. You shall not have the right to assign the Agreement to any other person without Our prior written consent.
Assignment and Dealing. 10 11. Release and indemnity 11 12. Costs 11 13. Effect of Schedulised terms and conditions 12
Assignment and Dealing. 10.1 The Manager must not assign its interest in this Agreement unless it obtains the Body Corporate’s consent.
10.2 The Body Corporate must:
(a) not unreasonably, arbitrarily or capriciously refuse or delay giving its consent to any proposed assignment; and
(b) give its consent or refusal to any proposed assignment within 30 days of the Manager giving to it the information reasonably necessary for the Body Corporate to properly consider the proposed assignment.
10.3 Before giving its consent to any proposed assignment, the Body Corporate will be entitled to require:
(a) satisfactory evidence that the proposed assignee and any Associates who will be carrying out the Caretaking Duties are financially sound and reputable, responsible, respectable and capable of satisfactorily performing the Caretaking Duties;
(b) two business references and two personal references of the proposed assignee and any Associates who will be carrying out the Caretaking Duties; and
(c) a resume and a National Criminal History Check result for the proposed assignee and any Associates who will be carrying out the Caretaking Duties.
10.4 As a condition of giving its consent to any assignment, the Body Corporate will be entitled to require:
(a) that the proposed assignee execute in favour of the Body Corporate a Deed of Covenant to comply with the terms of this Agreement;
(b) that the Manager pay to the Body Corporate all reasonable legal and administrative costs incurred by it in considering the giving of its consent even if the consent is reasonably refused or the proposed assignment does not proceed;
(c) if the proposed assignee is a company, other than a public company, personal guarantees from the working directors and principal shareholders; and
(d) that the assignee, or if it be a company it or its Controller becomes the registered owner of, or otherwise acquires the right to occupy, the Manager’s Unit.
10.5 Subject to the Act, the Body Corporate must not require or receive any premium, payment or benefit for any request to consent or consent given under this clause, except as provided in Clause 10.4(b).
10.6 Where the Manager is a company and there is a change to the Manager’s shareholding such that there is a material change in the effective control of the Manager, that will be regarded as an assignment requiring approval under this Clause 10.
Assignment and Dealing. Bluenite agrees that it will not sell, transfer, or dispose of the whole or any part of its right, title or interest in the Land or the Development otherwise than in accordance with the Assignment and Dealing Provisions.
Assignment and Dealing. Each of the Landowners agrees that it will not sell, transfer, or dispose of the whole or any part of its relevant right, title or interest in the Land or the Development otherwise than in accordance with the Assignment and Dealing Provisions.
Assignment and Dealing.
10.1 Landowner's right to sell Land
(a) The Landowner must not sell, transfer or dispose of the whole or any part of the Land unless, before it sells, transfers or disposes of any such part of the Land to another person ("Transferee"):
(i) it satisfies the Minister acting reasonably that the proposed Transferee is financially capable (including, without limitation, by providing financial statements for, and credit standing of, the proposed transferee) of complying with such of the Landowner 's obligations under this Agreement as the Minister acting reasonably shall nominate must be adopted by the Transferee ("Required Obligations");
(ii) the rights of the Minister under this Agreement are not diminished or fettered in any way;
(iii) the Transferee signs an acknowledgement in form and substance acceptable to the Minister by which the Transferee acknowledges that under section 93H(3) of the Act the Transferee is, upon and following transfer of the Land, bound by this Agreement; and
(iv) the Minister is satisfied that it holds appropriate security to secure the Landowner 's obligations under this Agreement; and
(v) any default by the Landowner has been remedied by the Landowner or waived by the Minister; and
(vi) the Landowner and the Transferee pay the Minister’s reasonable costs in relation to the transfer.
Assignment and Dealing
