Assignment and Leasing. (a) Tenant may not assign this Agreement, in whole or in part, or lease all or any part of the Maximum Allocated Amount of parking provided in the Garage, except to (i) a purchaser of the Property in the event of a sale thereof, (ii) an Affiliate of Tenant, (iii) any lender as collateral for financing of the Property or (iv) any purchaser of the Property at a foreclosure sale, transferee pursuant to a deed in lieu of foreclosure, or any receiver appointed for the Property; provided, however, it shall be a condition of any such assignment that the Property shall continue to be used for multi-family residential purposes. In the event the Property ceases to be used for multi-family residential purposes, the City may terminate this Agreement at any time. For purposes hereof, “Affiliate” shall mean as to any person, any other person that, directly or indirectly, controls, is controlled by or is under common control with such person. For purposes of this definition, the term “control” (including the terms “controlling”, “controlled by” and “under common control with”) of a person means the possession, directly or indirectly, of the power to vote more than 50% of the voting stock or membership interests of such person or to direct or cause the direction of the management and policies of such person, whether through the ownership of voting stock or membership interests, or by contract or otherwise. The City agrees to enter into any agreement reasonably requested by any lender or prospective lender to confirm that the assignment of this Agreement to the lender is permitted and to agree to give such lender notice of Xxxxxx’s default and a reasonable opportunity to cure such default.
Assignment and Leasing. The County agrees to consent, as allowed by the Act, for financing purposes, to: (a) any sale, transfer, disposition or assignment of the Fee Agreement, whether in whole or in part, by the Company or any transferee or assignee; (b) the transfer or assignment of security or other interests in any or all of the Company’s interests in the property subject to the Fee Agreement; or (c) the sublease of any property subject to the Fee Agreement. The County further agrees that, if future County consent is required by the Act, the County Council can provide any such consent by a resolution of County Council. The County Administrator and the Clerk to County Council are hereby expressly individually and jointly authorized and directed to evidence the County’s consent by timely executing such documents as the Company may reasonably request. Further, for the purposes of this Fee Agreement and as noted in Article 5 herein, a transaction or an event of sale, assignment, leasing, transfer of an interest herein, disposal, or replacement of all or part of the Project shall not be a termination of the Fee Agreement in whole or in part or a basis for changing the fee payments due under Section 12-44-50 of the Act.
Assignment and Leasing. Grantee may not assign, sell, transfer, license, or subcontract or otherwise transfer any rights or obligations under this Agreement without the prior written consent of the Air District. Any lease or rental entity that leases or rents Project Equipment maintains responsibility for all recordkeeping and reporting requirements and must disclose the recordkeeping and reporting requirements to the renter or lessee. The lease or rental agreement must be a minimum of 36 months, ensure that all required annual activity reports are submitted, and include requirements that the Project Equipment operates in California as required by this Agreement. Grantee must provide the Air District all requested information including lease or rental agreements within ten business days of written request.
Assignment and Leasing. Company may not assign this Loan Agreement or lease the Mortgaged Property or part thereof without the prior written consent of Issuer which shall not be unreasonably withheld. Any such assignment shall include, without limitation, an assumption in writing by such assignee of all liabilities and obligations of Company under this Loan Agreement from and after the effective date of such assignment, the Guaranty, the Hazardous Substance Certification and Indemnification from and after the effective date of the assignment, and any related documents. Notwithstanding the foregoing, no assignment or subletting and no dealings or transactions between Issuer or Trustee and any sublessee or assignee shall relieve Company of any of its obligations under this Loan Agreement, and Company shall remain as fully bound as though no assignment or subletting had been made, and performance by any assignee or sublessee shall be considered as performance pro tanto by Company. In the event a lease is permitted as provided in this Section 10.1 of this Loan Agreement, and in the event of a foreclosure under the Deed of Trust, Issuer will recognize tenant under such permitted lease as a direct tenant of Issuer for the balance of the lease term, provided (i) no default exists under the lease which at the time would then permit the landlord thereunder to terminate the same or to exercise any dispossess remedy provided for therein and (ii) the tenant shall deliver to Issuer an instrument confirming the agreement of such tenant to attorn to the Issuer and to recognize the Issuer as the tenant’s landlord under its lease. It is understood and agreed that this Loan Agreement (and the Mortgaged Property) will be assigned and pledged to Trustee as security for the payment of the principal of and premium, if any, and interest on the Bonds, but otherwise Issuer shall not, without the prior written consent of Company and Trustee, assign, encumber, sell, or dispose of all or any part of its rights, title, and interest in and to the Mortgaged Property, the Deed of Trust, the Note, and this Loan Agreement, except to Company in accordance with the provisions of this Loan Agreement and to Trustee or any other Person that takes title to any of the Mortgaged Property as a result of a foreclosure or deed in lieu of foreclosure, transfer by any Person after a foreclosure or deed in lieu of foreclosure, or otherwise under the Indenture or this Loan Agreement.
Assignment and Leasing. 12 17.1 By Lessee......................................................................................12 17.2 Registration...................................................................................13 18. Liens...................................................................................................13
Assignment and Leasing. This Agreement may not be assigned in whole or in part and the Facility may not be leased as a whole or, except in the ordinary course of Borrower's business, in part by the Borrower, without the prior written consent of the Issuer, which consent shall not be unreasonably withheld or delayed. In such event, any such assignment,
(i) No assignment or lease shall relieve the Borrower from primary liability for any of its obligations hereunder or under the Facility Note; and
(ii) The Borrower shall, within ten (10) days after delivery thereof, furnish or cause to be furnished to the Issuer a true and complete copy of each such assignment.
Assignment and Leasing. (a) Subject to the terms of the Lease, the interests of the Company or Sponsor Affiliate in this Fee Agreement may be transferred or assigned by the Company or the Sponsor Affiliate, or any assignee of the foregoing, to another entity so long as that entity agrees to be bound by the provisions hereof. Any equity or ownership interest in the Company or the Sponsor Affiliate may be sold, disposed, reorganized or otherwise transferred, without the consent of, or the requirement of any notice to, any of the Parties unless otherwise required by the terms of the Lease. In addition, any ownership or leasehold interest of the Company or Sponsor Affiliate in the Project may be sold, disposed, reorganized or otherwise transferred, without the consent of, or the requirement of any notice to the other Parties, unless otherwise required by the terms of the Lease.
(b) A transaction or an event of sale, assignment, leasing, transfer of an interest herein, or disposal or replacement of all or part of the Project shall not constitute a termination of this Fee Agreement in whole or in part or a basis for changing the Payments-in-Lieu-of-Taxes due under Section 12-44-50 of the Act, except as otherwise required by the Act.
Assignment and Leasing. The Company and/or a Sponsor Affiliate, as applicable, may assign or otherwise transfer any of its rights and interest hereunder to an assignee or lessee, as the case may be, in compliance with the provision of Section 00-00-000 of the Act, including the requirement, unless expressly exempted pursuant to the terms of said Section, that any such assignment or lease shall be subject to the written consent of the County.
Assignment and Leasing. Occupant shall not assign, pledge, or encumber this Agreement or lease the Premises or any part thereof to any party without the prior express written consent of the Trust.
Assignment and Leasing. Subject to and pursuant to the Fee Act, including Section 00-00-000 thereof, with the County’s consent, which shall not be unreasonably withheld, any or all of the Company’s interest in the Project and/or this Fee Agreement may be transferred or assigned by the Company or any assignee to any other entity; provided, however, that such consent is not required in connection with financing-related transfers or any other transfers not requiring the consent of the County under the Fee Act. The County hereby expressly consents to any transfer or assignment by the Company of any or all of its interest in the Project and/or this Fee Agreement to any Affiliates of the Company and to any transfer or assignment of any or all of such interest among other such Affiliates. Except as otherwise required by the Fee Act or this Fee Agreement, a transaction or an event of sale, assignment, leasing, transfer of an interest herein, disposal, or replacement of all or part of the Project shall not be a termination of this Fee Agreement in whole or in part or a basis for changing the fee payments due under Section 12-44-50 of the Fee Act. Notwithstanding any provision of this Section 8.2 to the contrary, if and to the extent that the future consent of the County is required in connection with a transfer, assignment or other action referenced in this Section, the County hereby expressly agrees that, to the extent permitted by the Fee Act, such approval may be provided by a letter or other writing executed by the Chair or the County Administrator, and each of those two officials are hereby expressly authorized to provide such consent on behalf of the County. If, notwithstanding the foregoing sentence, the Company elects to obtain additional action by County Council indicating such consent, a resolution passed by County Council shall be sufficient to indicate such additional County Council consent.
