Assignment by Developer. Developer may assign its right, title and interest in this Facilities Lease, in whole or in part to one or more assignees, only after the written consent of District, which District will not unreasonably withhold. No assignment shall be effective against the District unless and until the District has consented in writing. Notwithstanding anything to the contrary contained in this Facilities Lease, no consent from the District shall be required in connection with any assignment by Developer to a lender for purposes of financing the Project as long as there are not additional costs to the District.
Assignment by Developer. Subject to Section 16.5 hereof, this Agreement is not assignable without written consent by the Board, as evidenced by Board Resolution, nor without written consent of City, as evidenced by the passage of a City Ordinance approving such assignment. This Agreement shall only be assigned after a qualified purchaser or assignee specifically agrees to assume all of the obligations of the Developer under this Agreement. Any other attempt to assign the Agreement shall not relieve Developer from liability under this Agreement and shall not release Developer from performing any of the terms, covenants and conditions herein. Developer shall be held responsible for all funds received under this Agreement.
Assignment by Developer. (a) Developer shall not voluntarily or involuntarily sell, assign, convey, transfer, pledge, mortgage or otherwise encumber its interests in this Lease or the Premises except to the extent specifically permitted under Article 23 of the Agreement.
Assignment by Developer. Developer may sell or transfer its rights and obligations under this Agreement only upon approval and written consent by the Board, as evidenced by Board Resolution, when a qualified purchaser or assignee specifically agrees to assume all of the obligations of the Developer under this Agreement.
Assignment by Developer. (a) Any Developer shall have the sole and absolute right to assign any interest it acquires pursuant to this Agreement. Such assignment may be made with or without notice to Operator; provided, however, until such time as Operator has received written notice and copies of such assignment, it may deal solely with such Developer and need not recognize any party claiming through or under such Developer.
Assignment by Developer. Developer shall not assign this Agreement or any rights and obligations hereunder without the prior written approval of LAUSD, which approval may be denied or conditioned in LAUSD’s sole and absolute discretion. Notwithstanding anything to the contrary contained in this Agreement, the Augmentation Grant Award is personal to the Developer and is not transferrable in connection with any assignment of this Agreement.
Assignment by Developer. (a) Developer may, without the prior written consent of the City, (i) assign, mortgage, pledge or otherwise collaterally assign its interests in this Lease Agreement to any Financing Party, (ii) directly or indirectly assign this Lease Agreement to an affiliate of Developer, (iii) assign this Lease Agreement to any entity through which Developer is obtaining financing or capital for the Renewable Generating Facility and (iv) assign this Lease Agreement to any person succeeding to all or substantially all of the assets of Developer (provided that Developer shall be released from liability hereunder as a result of any of the foregoing permitted assignments only upon assumption of Developer’s obligations hereunder by the assignee). The City’s consent to any other assignment shall not be unreasonably withheld if the City has been provided with reasonable proof that the proposed assignee (x) has comparable experience in operating and maintaining photovoltaic solar systems comparable to the Renewable Generating Facility and providing services comparable to those contemplated by this Lease Agreement and (y) has the financial capability to maintain the Renewable Generating Facility and provide the services contemplated by this Lease Agreement in the manner required by this Lease Agreement. This Lease Agreement shall be binding on and inure to the benefit of the successors and permitted assignees.
Assignment by Developer. 1. (a) Except as otherwise provided for herein, Developer may not sell, convey, assign or otherwise transfer or dispose of any or all of the Project or the Project Site or any of its rights, interests, duties or obligations under this Agreement prior to the Completion Date, without the prior written consent of the Agency, which consent the Agency shall not unreasonably withhold or delay.
Assignment by Developer. The qualifications and identity of the Developer are of particular concern to the City. It is because of Developer’s qualifications and identity that the City entered into this MOU. Any assignment of this MOU by the Developer shall require the written consent of the City.
Assignment by Developer. 7.3.1 This Agreement has been entered into by Company in reliance upon and in consideration of the individual or collective character, reputation, skill, attitude, business ability, and financial capacity of Developer or, if applicable, its Owners who will actively and substantially participate in the development, ownership and operation of the “Xxxxxxxx Coffee” Coffeehouses. Accordingly, except as otherwise may be permitted herein, neither Developer nor any of Developer’s Owners shall directly or indirectly sell, assign, transfer, convey, give away, pledge, mortgage, or otherwise encumber any direct or indirect interest in this Agreement or in all or substantially all of Developer’s assets, voluntarily or involuntarily, in whole or in part, by operation of law or otherwise (an “Assignment”), without Company’s prior written consent, which consent may be withheld for any reason whatsoever in Company’s sole subjective judgment.
