Assignment and Subleasing by the District Sample Clauses

Assignment and Subleasing by the District. Any assignment or sublease by District shall be subject to all of the following conditions: 21.1.1 This Facilities Lease and the obligation of the District to make the payments required pursuant to the GMP provisions indicated in Exhibit C shall remain obligations of the District; and 21.1.2 The District shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Developer a true and complete copy of any assignment or sublease.
Sample 1Sample 2Sample 3See All (77)
AutoNDA by SimpleDocs
Assignment and Subleasing by the District. Any assignment or sublease by District shall be subject to 22.1.1. This Facilities Lease and the obligation of the District to make the payments required pursuant to the Guaranteed Project Cost Provisions indicated in Exhibit C shall remain obligations of the District; and 22.1.2. The District shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to Contractor a true and complete copy of any assignment or sublease; and
Sample 1See All (6)
Assignment and Subleasing by the District. Any assignment or sublease by District shall be subject to all of the following conditions:
Sample 1Sample 2
Assignment and Subleasing by the District. This Lease Agreement may not be assigned, mortgaged, pledged or transferred by the District. The District may sublease the Property, or any portion thereof, with the prior written consent of the Assignee, at the Assignee’s sole discretion, subject to all of the following conditions: (a) This Lease Agreement and the obligation of the District to make Lease Payments hereunder shall remain obligations of the District, and any sublease shall be subject and subordinate to this Lease Agreement. (b) The District shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Corporation and the Assignee a true and complete copy of such sublease. (c) No such sublease by the District may cause the Property to be used for a purpose other than as may be authorized under the provisions of the laws of the State. (d) The District shall furnish the Corporation and the Assignee with a written opinion of Bond Counsel stating that such sublease does not cause the interest components of the Lease Payments to become subject to federal or State taxation. (e) Any such sublease shall be subject and subordinate in all respects to the Site and Facility Lease and this Lease Agreement. Notwithstanding the foregoing, in connection with any sublease entered into for financing purposes, the principal component of the then remaining Lease Payments plus the principal component of the sublease payments shall not exceed the fair market value of the Property.
Sample 1
Assignment and Subleasing by the District. This Lease may not be assigned by the District for any reason other than to a successor by operation of law. However, the Leased Property may be subleased, as a whole or in part, by the District, without the necessity of obtaining the consent of the Trustee or any owner of the Certificates subject to each of the following conditions: (a) The Leased Property may be subleased, in whole or in part, only to an agency or department of, or a political subdivision of, the State, or to another entity or entities with Approval of Special Counsel; (b) This Lease, and the obligations of the District hereunder, shall, at all times during the Lease Term remain obligations of the District, and the District shall maintain its direct relationships with the Trustee, notwithstanding any sublease; (c) The District shall furnish or cause to be furnished to the Trustee a copy of any sublease agreement; (d) No sublease by the District shall cause the Leased Property to be used for any purpose which would cause the District to violate its tax covenant in Section 11.5 hereof; and
Sample 1
Assignment and Subleasing by the District. This Lease may not be assigned by the District. With the prior written consent of the Assignee, in its sole and absolute discretion, the District may sublease the Leased Property, or any portion thereof, subject to all of the following conditions: (a) This Lease and the obligation of the District to make Lease Payments hereunder shall remain obligations of the District. (b) The District shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Assignee a true and complete copy of such sublease. (c) Any sublease shall be expressly subject and subordinate to this Lease. (d) No such sublease by the District may cause the Leased Property to be used for a purpose other than an essential government function and as may be authorized under the provisions of the laws of the State of Kansas. (e) The Assginee shall receive an opinion of Bond Counsel satisfactory to the Assignee that such sublease by the District will not constitute reissuance of the Lease or any Lease Payments for federal tax purposes or adversely affect the status of the Lease as a “qualified zone academy bond” or adversely affect any Tax Credits claimed or to be claimed by a Holder.
Sample 1
Assignment and Subleasing by the District. Except as hereinafter expressly provided, none of the District’s right, title and interest in, to and under the Base Lease, this Lease and in the Real Property or Improvements may be assigned or encumbered by the District for any reason; except that the District may sublease any one or more parts of the Real Property or Improvements if the District obtains an Opinion of Special Tax Counsel that such subleasing will not adversely affect the status of this Lease as a Qualified Zone Academy Bond. Any such sublease of all or part of the Real Property or Improvements will be subject to the Base Lease, this Lease and the rights of the Trustee in, to and under the Base Lease, this Lease, the Real Property and the Improvements.
Sample 1
AutoNDA by SimpleDocs
Assignment and Subleasing by the District. The District may sublease the Leased Property, or any portion thereof, subject to all of the following conditions (a) This Lease and the obligation of the District to make Lease Payments hereunder shall remain obligations of the District. (b) The District shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Corporation, the Certificate Insurer and the Trustee a true and complete copy of such sublease. (c) No such sublease by the District shall cause the Leased Property to be used for a purpose which is not authorized under the provisions of the laws of the State of California. (d) The District shall furnish the Corporation, the Certificate Insurer and the Trustee with a written opinion of Bond Counsel stating that such sublease does not cause the interest components of the Lease Payments to become includable in gross income for purposes of federal income taxation or to become subject to personal income taxation by the State of California. (e) The District shall obtain the written consent of the Certificate Insurer to such sublease.
Sample 1
Assignment and Subleasing by the District. This Lease may not be assigned by the District. The District may sublease the Leased Property, or any portion thereof, subject to all of the following conditions: (a) This Lease and the obligation of the District to make Lease Payments hereunder shall remain obligations of the District. (b) The District shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to the Corporation and the Certificate Insurer a true and complete copy of such sublease. (c) No such sublease by the District shall cause the Leased Property to be used for a purpose other than as may be authorized under the provisions of the laws of the State of California. (d) The District shall furnish the Corporation with a written opinion of Bond Counsel stating that such sublease does not cause the interest components of the Lease Payments to become includable in gross income for purposes of federal income taxation or to become subject to personal income taxation by the State of California. (e) The District has obtained the prior written consent of the Certificate Insurer.
Sample 1

Related to Assignment and Subleasing by the District

  • Assignment and Subleasing During the Lease Term, the Lessee may assign, sublease or transfer to any Person, at any time, in whole or in part, its right, title or interest in, to or under this Lease or any portion of the Leased Property without the prior written consent of the Lessor so long as (v) any such assignment, sublease or transfer would not subject the Lessor to a violation of laws or regulations applicable to the Lessor including those promulgated by OFAC, (w) no Event of Default shall have occurred and be continuing or, after giving effect to such assignment, sublease or transfer, would exist, (x) any such sublease is expressly subject and subordinate to this Lease, (y) Lessee remains liable for all obligations under this Lease after giving effect to any such assignment, sublease or transfer, and (z) Lessor retains all of its interests in and benefits of the Cash Collateral and receives prior certification thereof from the Lessee and such other evidence thereof as the Lessor may reasonably request. Unless and until Lessee has exercised the Early Termination Option or the Purchase Option, no sublease may have a term that extends beyond the Base Term Expiration Date. In all cases, Lessee will promptly provide Lessor copies of each such assignment, sublease or transfer. No sublease will discharge or diminish any of the Lessee’s obligations hereunder and the Lessee shall remain directly and primarily liable under the Lease with respect to the Leased Property and the Operative Documents to which it is a party. Each sublease permitted hereby shall be made and shall expressly provide in writing that it is subject and subordinate to this Lease and the rights of the Lessor hereunder, shall expressly provide for the surrender of the Leased Property by the sublessee at the election of the Lessor after an Event of Default, shall provide that such provisions may be directly enforced by the Lessor and shall provide that such sublessee expressly agrees to comply with the use restrictions set forth in Article X hereof. Notwithstanding the first paragraph of this Article XII, Lessee may not assign or transfer its rights and obligations under this Lease and the other Operative Documents unless (a) on the effective date of any such assignment and transfer, no Event of Default exists, (b) the parties enter into an assignment agreement in form and substance reasonably satisfactory to the Lessor, (c) all filings of or in respect of any such assignment and transfer necessary to protect the rights of the Lessor in the Leased Property and the other Operative Documents are made in a timely fashion, (d) without limiting any provisions of this Article XII, any such assignment and transfer shall include an appropriate provision for the operation, maintenance and insurance of the Leased Property in accordance with the terms hereof, (e) the Lessor shall have received opinions of counsel with respect thereto and such other matters as the Lessor may reasonably request, (f) such assignment and transfer will not result in a Material Adverse Effect, (g) such assignment and transfer will not result in the imposition of any unindemnified Taxes, (h) the Lessor shall have received such other documents and instruments and the Lessee shall take such further acts as the Lessor may reasonably request to evidence and facilitate such assignment and transfer, provided that no such document or instrument shall increase Lessee’s obligations or diminish Lessee’s rights under the Operative Documents or otherwise, and (i) such assignment and transfer will not, with respect to the Lessor, violate the use restrictions set forth in Article X hereof or Applicable Laws and provided, further that, Lessee shall provide to the Lessor not less than thirty (30) days’ prior written notice of such assignment or transfer, such notice to identify the assignee or transferee. No such assignment and transfer will diminish or discharge any of the Lessee’s obligations under this Lease or the other Operative Documents.

  • ASSIGNMENT AND SUB-CONTRACTING The benefit and burden of this Contract may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written consent of the Department. Such consent may be given subject to any conditions which the Department considers necessary. The Department may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Contractor.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!