Assignment and Subleasing by the Lessee. This Lease Agreement may not be assigned by the Lessee. The Leased Property may be subleased only with the written consent of the Lessor, which consent shall not be unreasonably withheld, and subject to all of the following conditions: (i) This Lease Agreement and the obligation of the Lessee to make Lease Payments hereunder shall remain obligations of the Lessee; (ii) The Lessee shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Lessor a true and complete copy of such sublease; (iii) No such sublease by the Lessee shall cause any of the Leased Property to be used for a purpose other than a governmental or proprietary function authorized pursuant to the provisions of the Constitution and laws of the State; and (iv) The Lessee shall furnish the Lessor with a written opinion of Special Counsel, with respect to any such sublease, stating that such sublease shall not adversely affect the exclusion of the interest components of the Lease Payments from gross income for federal income tax purposes when paid to the Owners of the 2018 Certificates and any Additional Certificates, sold on the basis of the interest thereon being excluded from gross income for federal income tax purposes.
Appears in 1 contract
Samples: Lease Purchase Agreement
Assignment and Subleasing by the Lessee. This Lease Agreement may not be assigned by the LesseeLessee so long as such assignment does not adversely affect the exclusion from gross income of the Interest Component of the Lease Payments. The Lessee may sublease the Leased Property may be subleased only Premises, with the written consent of the Lessor, which consent shall not be unreasonably withheld, and subject to all of the following conditions:
(ia) This Lease Agreement and the obligation of the Lessee to make Lease Payments hereunder shall remain obligations of the Lessee;
(iib) The Lessee shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Lessor and the Trustee a true and complete copy of such sublease;
(iiic) No such sublease by the Lessee shall cause any of the Leased Property Premises to be used for a purpose other than a governmental or proprietary function authorized pursuant to under the provisions of the Constitution and laws of the State; and
(ivd) The Lessee shall furnish the Lessor with a written opinion of Special Counsel, with respect to any such sublease, stating that such No sublease shall not adversely affect cause the exclusion of the interest components Interest Component of the Lease Payments from due with respect to the Leased Premises to become included within gross income for federal income tax purposes when paid or subject to the Owners State of the 2018 Certificates and any Additional Certificates, sold on the basis of the interest thereon being excluded from gross California personal income for federal income tax purposestaxes.
Appears in 1 contract
Samples: Trust Agreement
Assignment and Subleasing by the Lessee. This Lease Agreement may not be assigned by the Lessee. The Leased Property may be subleased only Lessee with the prior written consent of the LessorCertificateholder and the Rating Agencies so long as such assignment does not adversely affect the exclusion from gross income for federal income tax purposes of the Interest Component of the Lease Payments. The Lessee may sublease the Leased Property, which with the prior written consent shall not be unreasonably withheld, of the Lessor and the Certificateholder subject to all of the following conditions:
(i) This this Lease Agreement and the obligation of the Lessee to make Lease Payments hereunder shall remain obligations of the Lessee;
(ii) The the Lessee shall, within 30 thirty (30) days after the delivery thereof, furnish or cause to be furnished to the Lessor and the Trustee a true and complete copy of such sublease;
(iii) No such no sublease by the Lessee shall cause any of the Leased Property to be used for a purpose other than a governmental or proprietary function authorized pursuant to under the provisions of the Constitution and laws of the State; and;
(iv) The Lessee shall furnish the Lessor with a written opinion of Special Counsel, with respect to any such sublease, stating that such no sublease shall not adversely affect cause the exclusion of the interest components Interest Component of the Lease Payments from due with respect to the Leased Property to become included within gross income for federal income tax purposes when paid or subject to State personal income taxes, as evidenced by an opinion of Special Counsel; and
(v) in the Owners event that this Lease is assigned by the Lessee, the obligation to make Lease Payments hereunder shall remain the obligation of the 2018 Certificates and any Additional Certificates, sold on the basis of the interest thereon being excluded from gross income for federal income tax purposesLessee.
Appears in 1 contract
Samples: Lease Agreement
Assignment and Subleasing by the Lessee. This Lease Agreement may not be assigned by the Lessee. The Leased Property may be subleased only with the written consent of the Lessor, which consent shall not be unreasonably withheld, and subject to all of the following conditions:
(i) This Lease Agreement and the obligation of the Lessee to make Lease Payments hereunder shall remain obligations of the Lessee;
(ii) The Lessee shall, within 30 days after the delivery thereof, furnish or cause to be furnished to the Lessor a true and complete copy of such sublease;
(iii) No such sublease by the Lessee shall cause any of the Leased Property to be used for a purpose other than a governmental or proprietary function authorized pursuant to the provisions of the Constitution and laws of the State; and
(iv) The Lessee shall furnish the Lessor with a written opinion of Special Counsel, with respect to any such sublease, stating that such sublease shall not adversely affect the exclusion of the interest components of the Lease Payments from gross income for federal income tax purposes when paid to the Owners of the 2018 2019 Certificates and any Additional Certificates, sold on the basis of the interest thereon being excluded from gross income for federal income tax purposes.
Appears in 1 contract
Samples: Lease Purchase Agreement