Assignment by the Tenant. The Tenant may assign, mortgage, sell or otherwise transfer its interest in this Project Lease only with the prior written consent of the Bank as assignee of the Issuer. Collateral assignment by the Tenant of its leasehold interest in this Project Lease to the Bank for the benefit of the Owner is hereby acknowledged and approved by the Issuer. In the event of any such assignment, the Tenant shall remain fully liable for the performance of its duties and obligations hereunder, except to the extent hereinafter provided, and no such assignment and no dealings or transactions between the Issuer or the Bank and any such assignee shall relieve the Tenant of any of its duties and obligations hereunder, except as may be otherwise provided in the following Section.
Assignment by the Tenant. The Tenant may assign, mortgage, sell, or otherwise transfer its interest in this Lease only with the prior written consent of the Issuer. In the event of any such assignment, the Tenant shall remain fully liable for the performance of its duties and obligations hereunder, except to the extent hereinafter provided, and no such assignment and no dealings or transactions between the Issuer or the Trustee and any such assignee shall relieve the Tenant of any of its duties and obligations hereunder, except as may be otherwise provided in the following Section.
Assignment by the Tenant. The Tenant may assign, sell, or otherwise transfer its interest in this Project Lease only with the prior written consent of the Issuer. In the event of any such assignment, the Tenant shall remain fully liable for the performance of its duties and obligations hereunder, except to the extent hereinafter provided, and no such assignment and no dealings or transactions between the Issuer or the Trustee and any such assignee shall relieve the Tenant of any of its duties and obligations hereunder, except as may be otherwise provided in the following Section. The Tenant has the express right to mortgage its interest without Issuer consent.
Assignment by the Tenant. Except for assignments which constitute a Permitted Encumbrance and except for further assignments by the Tenant in favor of CoBank, ACB, its successors and assigns, the Tenant shall not assign this Lease, as a whole or in part, without the prior written consent of the Bank and the Issuer, and, unless such assignment is pursuant to a merger, consolidation or transfer of the Tenant's property substantially as an entirety permitted under (or not prohibited by) this Lease, the following conditions are met:
Assignment by the Tenant. The TENANT shall not have the right to assign this Agreement, any interest of this Agreement or to sub-license the Facilities without the prior written consent of AO, which shall not be unreasonably withheld or delayed.
Assignment by the Tenant. Except as otherwise provided in this Section and in Section 9.01, the Tenant may not assign or mortgage its interest or any part hereof in this Lease without the prior written consent of the Governing Body of the Issuer. In the event of any such assignment, the Tenant shall remain fully liable for the performance of its duties and obligations hereunder, except to the extent hereinafter provided, and no such assignment and no dealings or transactions between Issuer or the Trustee and any such assignee shall relieve the Tenant of any of its duties and obligations hereunder, except as may be otherwise provided in the following Section. The Issuer and the Tenant acknowledge that a portion of the Land is encumbered by and subject to the terms of a certain Mortgage and Security Agreement (the “Mortgage”), dated effective as of December 28, 2012, granted by the Tenant, as borrower, to the Lender as agent for certain lenders, recorded beginning at Book 201212 Page 011056 of the Office of the Recorder of Deeds for Xxxxxxx County, Kansas. The Issuer and the Tenant further acknowledge that this Lease is subordinate to the Mortgage and that the Lender has not granted any rights of nondisturbance with respect to this Lease.
Assignment by the Tenant. The Tenant may assign its interest in the Lease to any Subsidiary upon sixty (60) days prior written notice to the Issuer of said proposed assignment. The Tenant may sell, assign or mortgage its leasehold interest or any part hereof in this Lease with the prior written consent of the Issuer, which consent shall not be unreasonably withheld, conditioned or delayed; provided, however, the Tenant is not in default under the terms and provisions of either the Lease or the PILOT. In the event of any such assignment, the Tenant shall remain fully liable for the performance of its duties and obligations hereunder, except to the extent hereinafter provided, and no such assignment and no dealings or transactions between the Issuer or the Trustee and any such assignee shall relieve the Tenant of any of its duties and obligations hereunder, except as may be otherwise provided in the following Section.
