Assignment by Project Co Sample Clauses

Assignment by Project Co. Subject to the prior assignment as security pursuant to the Financing, Project Co hereby assigns all of its right, title and interest in the Construction Contract to Hospital save and except the obligation to pay the Base Progress Payments, (the “Retained Payment Obligation”) which obligation Project Co specifically retains and Project Co agrees with Hospital and Contractor to pay the Base Progress Payments in accordance with and subject to the applicable provisions of the Construction Contract, including, without limitation, the provisions of Article A-7 - PAYMENT and PART 5 – PAYMENT therein, including any provision of the Construction Contract pursuant to which a Retained Payment Obligation may be subject to holdback.
Sample 1Sample 2Sample 3See All (15)
AutoNDA by SimpleDocs
Assignment by Project Co. Project Co may only assign, transfer or otherwise dispose of any interest in this Agreement in accordance with Part 16 [Assignment, Change in Ownership and Subcontracting] of the Project Agreement.
Sample 1Sample 2Sample 3See All (4)
Assignment by Project Co. Subject to the prior assignment as security pursuant to the Financing, Project Co hereby assigns all of its right, title and interest in the Construction Contract to Hospital save and except the obligation to pay the Base Progress Payments, (the “Retained Payment
Sample 1Sample 2
Assignment by Project Co. Project Co may only assign, transfer or otherwise dispose of any right or interest in or under this Agreement in accordance with Sections 16.1 [Province Consent Required to Assignment by Project Co],
Sample 1
Assignment by Project Co. (a) Subject to Section 21.2(b) or as otherwise set out in this Agreement, Project Co will not, without the prior written consent of VCHA (such consent not to be unreasonably withheld), assign, transfer, or otherwise dispose of any interest in this Agreement, the Key Contracts or the Leases. (b) Provided that Project Co has given no less than 10 Business Days notice to VCHA, the provisions of Section 21.2(a) will not apply to an assignment, transfer or other disposition to an Affiliate that complies with Sections 21.2(c)(2) and (3) or to the grant of any security for any loan or other form of financing made to Project Co by Lenders provided that such Lenders enter into the Lenders' Remedies Agreement if VCHA so requires. (c) In exercising its discretion in respect of any proposed assignment, transfer or other disposition pursuant to Section 21.2(a), VCHA will not unreasonably withhold consent if: (1) the proposed assignee or transferee: (A) has the financial capacity to perform the relevant obligations of Project Co under the Project Documents; (B) is a Fit and Proper Person; (C) is not involved in a business or activity which is incompatible or inappropriate in relation to the operation of a public hospital; and (D) the direct or indirect consequences of the proposed assignment or transfer, if effected, would not and will not materially or adversely affect VCHA's rights, or VCHA's ability or capacity to exercise its rights, under the Project Documents; (2) the proposed assignee or transferee enters into such deeds or other agreements as are reasonably required by VCHA to ensure that the applicable obligations of Project Co under this Agreement and the Project Documents are assumed by the proposed assignee or transferee for the benefit of all of the parties to those agreements; and (3) the proposed assignee or transferee obtains all necessary approvals (other than from VCHA) in order to perform the applicable obligations under the Project Documents.
Sample 1
Assignment by Project Co. (a) The provisions of Clause 31 (Assignment and ownership) of the Project Agreement apply to this agreement to the extent applicable, except references to the State are deemed to be references to the Delegate.
Sample 1
Assignment by Project Co. Subject to any prior assignment as security pursuant to the Financing, Project Co hereby assigns all of its right, title and interest in the Construction Contract to OIPC save and except the obligation to pay the Base Progress Payments, (the "Retained Payment Obligation") which obligation Project Co specifically retains and Project Co agrees with OIPC and Contractor to pay the Base Progress Payments in accordance with and subject to the applicable provisions of the Construction Contract, including, without limitation, the provisions of Article A-7 – PAYMENT and PART 5 - PAYMENT of the Construction Contract therein, including any provision of the Construction Contract pursuant to which a Retained Payment Obligation may be subject to holdback.
Sample 1
AutoNDA by SimpleDocs
Assignment by Project Co. Subject to any prior assignment as security pursuant to the Financing, Project Co hereby assigns all of its right, title and interest in the Construction Contract to Hospital save and except the obligation to pay the Base Progress Payments, (the “Retained Payment Obligation”) which obligation Project Co specifically retains and Project Co agrees with Hospital and Contractor to pay the Base Progress Payments in accordance with and subject to the applicable provisions of the Construction Contract, including, without limitation, the provisions of Section 7.1.1 of ARTICLE A-7 and the provisions of GC 5.3 - APPLICATIONS FOR PROGRESS PAYMENTS and GC 5.4 – PROGRESS PAYMENTS therein, including any provision of the Construction Contract pursuant to which a Base Progress Payment may be subject to holdback.
Sample 1

Related to Assignment by Project Co

  • Assignment by Owner 51 Section 12.11

  • Assignment by Lessee Lessee may transfer or assign its rights and obligations under this Agreement without the consent of Operator but shall deliver to Operator written notice of such transfer or assignment not less than ten (10) days prior to the effective date thereof; provided, however, in the event of the assignment of this Agreement to a party that is not an Affiliate, Operator shall have the right to terminate this Agreement within 15 days after receipt of written notice of such assignment, which termination will be effective within 30 days of Lessee’s receipt of such termination notice. Any transfer or assignment of this Agreement by Lessee shall include an express assumption by the transferee or assignee of Lessee’s obligations hereunder. Nothing herein shall be deemed to require Lessee to assign or attempt to assign this Agreement to any third party, including any buyer of a Hotel.

  • Assignment by Seller The Seller shall have the right, upon notice to but without the consent of the Servicer, to assign, in whole or in part (but exclusive of the Servicer’s rights and obligations as owner of the servicing rights relating to the Mortgage Loans), its interest under this Agreement to the Depositor, which in turn shall assign such rights to the Trustee, and the Trustee then shall succeed to all rights of the Seller under this Agreement. All references to the Seller in this Agreement shall be deemed to include its assignee or designee and any subsequent assignee or designee, specifically including the Trustee.

  • Assignment by Depositor Concurrently with the execution of this Agreement, the Depositor shall assign its interest under this Agreement with respect to the Mortgage Loans to the Trustee, and the Trustee then shall succeed to all rights of the Depositor under this Agreement. All references to the rights of the Depositor in this Agreement shall be deemed to be for the benefit of and exercisable by its assignee or designee, specifically including the Trustee.

  • Assignment by Lessor The terms and conditions of each Schedule have been fixed by Lessor in order to permit Lessor to sell and/or assign or transfer its interest or grant a security interest in each Schedule and/or the Equipment to a Secured Party or Assignee. In that event, the term Lessor will mean the Assignee and any Secured Party. However, any assignment, sale, or other transfer by Lessor will not relieve Lessor of its obligations to Lessee and will not materially change Lessee's duties or materially increase the burdens or risks imposed on Lessee. The Lessee consents to and will acknowledge such assignments in a written notice given to Lessee. Lessee also agrees that: (a) The Secured Party will be entitled to exercise all of Lessor's rights, but will not be obligated to perform any of the obligations of Lessor. The Secured Party will not disturb Lessee's quiet and peaceful possession and unrestricted use of the Equipment so long as Lessee is not in default and the Secured Party continues to receive all Rent payable under the Schedule; and (b) Lessee will pay all Rent and all other amounts payable to the Secured Party, despite any defense or claim which it has against Lessor. Lessee reserves its right to have recourse directly against Lessor for any defense or claim; (c) Subject to and without impairment of Lessee's leasehold rights in the Equipment, Lessee holds the Equipment for the Secured Party to the extent of the Secured Party's rights in that Equipment.

  • Assignment by Purchaser The Purchaser shall have the right, without the consent of the Company but subject to the limit set forth in Section 2.02 hereof, to assign, in whole or in part, its interest under this Agreement with respect to some or all of the Mortgage Loans, and designate any person to exercise any rights of the Purchaser hereunder, by executing an Assignment and Assumption Agreement and the assignee or designee shall accede to the rights and obligations hereunder of the Purchaser with respect to such Mortgage Loans. All references to the Purchaser in this Agreement shall be deemed to include its assignee or designee.

  • Assignment by Issuer The Seller hereby acknowledges and consents to any mortgage, pledge, assignment and grant of a security interest by the Issuer to the Indenture Trustee pursuant to the Indenture for the benefit of the Noteholders of all right, title and interest of the Issuer in, to and under the Receivables and/or the assignment of any or all of the Issuer’s rights and obligations hereunder to the Indenture Trustee.

  • Assignment by Buyer Buyer shall have the right to assign this Agreement to any third party or parties and no consent on the part of Seller shall be required for such assignment, provided however, that any such assignment shall not relieve Buyer of its liabilities and obligations hereunder.

  • Assignment by Lender Lender's rights under this agreement may be assigned in connection with any assignment or transfer of any senior debt.

  • Assignment by Company The Company may assign its rights under this Agreement to an affiliate, and an affiliate may assign its rights under this Agreement to another affiliate of the Company or to the Company; provided, however, that no assignment shall be made if the net worth of the assignee is less than the net worth of the Company at the time of assignment. In the case of any such assignment, the term "Company" when used in a section of this Agreement shall mean the corporation that actually employs the Employee.

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