Common use of Assignment and Subleasing by the County Clause in Contracts

Assignment and Subleasing by the County. The Lease Agreement may not be assigned by the County for any reason. However, the Facilities may be subleased as a whole or in part, by the County, and without the necessity of obtaining the consent of the Corporation, the Trustee, any Registered Owners or the Holders of Series 2014 Certificates; subject, however, to each of the following conditions: (a) With respect to the sublease, the Facilities may be subleased, in whole or in part, only to an agency or department or political subdivision of the State, or to another entity or entities if, in the opinion of Special Tax Counsel, such sublease will not impair the exclusion from federal income tax of the interest on any Outstanding Certificates; (b) The Lease Agreement, and the obligations of the County hereunder including but not limited to paying Base Rent, shall, at all times during the Lease Term, remain obligations of the County, and the County shall maintain its direct relationships with the Corporation and the Trustee, notwithstanding any sublease; (c) The County shall furnish or cause to be furnished to the Corporation and the Trustee a copy of any sublease agreement; and (d) No sublease by the County shall cause the Facilities to be used for any purpose which would adversely affect the exclusion from federal income taxation of any interest on any Outstanding Certificates, or which would violate the State Constitution, statutes or laws of the State; and (e) Except for subleases permitted under private use exceptions, the term of the sublease shall match the term of the Lease Agreement.

Appears in 2 contracts

Samples: Second Supplement to Lease Agreement, Lease Agreement

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Assignment and Subleasing by the County. The Lease Agreement may not be assigned by the County for any reason. However, the Facilities may be subleased as a whole or in part, by the County, and without the necessity of obtaining the consent of the Corporation, the Trustee, any Registered Owners or the Holders of Series 2014 2016 Certificates; subject, however, to each of the following conditions: (a) With respect to the sublease, the Facilities may be subleased, in whole or in part, only to an agency or department or political subdivision of the State, or to another entity or entities if, in the opinion of Special Tax Counsel, such sublease will not impair the exclusion from federal income tax of the interest on any Outstanding Certificates; (b) The Lease Agreement, and the obligations of the County hereunder including but not limited to paying Base Rent, shall, at all times during the Lease Term, remain obligations of the County, and the County shall maintain its direct relationships with the Corporation and the Trustee, notwithstanding any sublease; (c) The County shall furnish or cause to be furnished to the Corporation and the Trustee a copy of any sublease agreement; and; (d) No sublease by the County shall cause the Facilities to be used for any purpose which would adversely affect the exclusion from federal income taxation of any interest on any Outstanding Certificates, or which would violate the State Constitution, statutes or laws of the State; and (e) Except for subleases permitted under private use exceptions, the term of the sublease shall match the term of the Lease Agreement.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Assignment and Subleasing by the County. The This Lease Agreement may not be assigned by the County for any reasonreason other than to a successor by operation of law. However, the Facilities Leased Property may be subleased subleased, as a whole or in part, by the County, and [with the written approval of the Insurer,] but without the necessity of obtaining the consent of the CorporationTrustee or any Owner of the Series 2019 Certificates, the Trustee, any Registered Owners or the Holders of Series 2014 Certificates; subject, however, to each of the following conditions: (a) With respect to the sublease, the Facilities Leased Property may be subleased, in whole or in part, only to an agency or department or political subdivision of the State, or to another entity or entities if, in the opinion of Special Tax Counselnationally recognized bond counsel acceptable to the Trustee, such sublease will not impair the exclusion excludability from gross income for purposes of federal income tax taxation of the interest on any Outstanding the Series 2019 Certificates; (b) The Lease Agreementthis Lease, and the obligations of the County hereunder including but not limited to paying Base Renthereunder, shall, at all times during the Lease Term, Term remain obligations of the CountyCounty subject to Section 6.01 of this Lease, and the County shall maintain its direct relationships with the Corporation and obligations to the Trustee, notwithstanding any sublease; (c) The the County shall furnish or cause to be furnished to the Corporation and the Trustee a copy of any sublease agreement; and (d) No no sublease by the County shall cause the Facilities Leased Property to be used for any purpose which would adversely affect the exclusion excludability from gross income for purposes of federal income taxation of any interest on any Outstanding the Series 2019 Certificates, or which would violate the State Constitution, statutes Constitution or laws of the State; and (e) Except for subleases permitted under private use exceptions, the term of the sublease shall match the term of the Lease Agreement.

Appears in 1 contract

Samples: Lease Purchase Agreement

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