Assignment Leasing and Selling. SECTION VII.1. By the Company. The Company's interest in this Refunding Agreement may be assigned in whole or in part, and the Facilities may be leased or sold as a whole or in part (whether a specific element or unit or an undivided interest), by the Company, subject, however, to the condition that no assignment, lease or sale (other than as described in Section 6.1 hereof) shall relieve the Company from primary liability for its obligations under Section 4.2 hereof to pay the payments required thereunder, or for any other of its obligations hereunder, other than those obligations relating to the operation, maintenance and insurance of the Facilities, which obligations (to the extent of the interest assigned, leased or sold and to the extent assumed by the assignee, lessee or purchaser) shall be deemed to be satisfied and discharged. Further, upon any such lease or sale the Company shall comply with the requirements of the Code and the regulations promulgated thereunder (including, without limitation, the taking of remedial action with respect to the Bonds) as the same may then be applicable. The Company shall, within fifteen (15) days after the delivery thereof, furnish to the Issuer and the Trustee a true and complete copy of the agreements or other documents effectuating any such assignment, lease or sale.
Assignment Leasing and Selling. No Other Transfer by City. Except as provided in Sections 4.3 and 8.2, the City will not sell, assign, transfer or convey its rights, title or interests in this Lease or the Project, or its obligations under this Lease.
Assignment Leasing and Selling. 23 SECTION 7.01. Assignment .............................................................................. 23 SECTION 7.02. Conditions .............................................................................. 23 SECTION 7.03. Instrument Furnished to Trustee ......................................................... 24
Assignment Leasing and Selling. Section 7.1
Assignment Leasing and Selling. SECTION 7.01. Conditions. The Company’s interest in this Agreement may be assigned as a whole or in part, the Company’s investment in San Xxxxxx xxx be sold, transferred or otherwise disposed of as a whole or in part and the interest of either San Xxxxxx or (to the extent that the Facilities shall have become property of the Company) the Company in the Facilities may be assigned, leased, subleased, sold, transferred or otherwise disposed of as a whole or in part (whether an interest in a specific element or unit or an undivided interest), to any Person; provided, however, that no such assignment, lease, sublease, sale, transfer or other disposition (a) shall relieve the Company from its primary liability for its obligations under Section 5.01 hereof or (b) shall be made unless the assignee, lessee, sublessee, purchaser or other transferee, as the case may be, prior to or simultaneously with such assignment, lease, sublease, sale, transfer or other disposition, assumes, by delivery of an instrument in writing satisfactory in form to the Trustee and the Authority, all other obligations of the Company hereunder to the extent of the interest assigned, leased, subleased, sold, transferred or otherwise disposed of, and the Company shall be released of and discharged from such obligations to the extent so assumed. Notwithstanding the foregoing, (a) if (i) the Company’s interest in this Agreement shall be assigned as a whole or in undivided part, (ii) the Company’s investment in San Xxxxxx shall be sold, transferred, or otherwise disposed of as a whole or in part or (iii)(A) the Company’s interest in the Facilities shall be leased or subleased, as a whole or in undivided part and the term of such leasehold or subleasehold or the term of any extension or extensions thereof at the option of the Company shall extend beyond the maturity date of the Bonds or (B) the Company’s interest in the Facilities shall be assigned, sold, transferred or otherwise disposed of as a whole or in undivided part, and (b) in the event that the assignee, lessee, sublessee, purchaser or other transferee shall assume the obligations of the Company under Section 5.01 hereof for the remaining term of this Agreement, to the extent of such assignment, lease, sublease, sale, transfer or other disposition, the Company shall be released from and discharged of all liability in respect of such obligations to the extent so assumed (but only to such extent); provided, however, that the release and dis...
Assignment Leasing and Selling. Section 8.1. Assignment of this Loan Agreement or Lease or Sale of the Project by the Company. With the prior written consent of the Credit Facility Issuer, the rights of the Company under this Loan Agreement may be assigned, and the Project may be leased or sold as a whole or in part, without the necessity of obtaining the consent of the Issuer or the Trustee, subject, however, to the following conditions:
(a) without the prior written consent of the Credit Facility Issuer and the Issuer, no assignment, transfer, sale or lease shall relieve the Company from primary liability for any of its obligations hereunder, and if any such assignment, transfer, sale or lease occurs, the Company shall continue to remain primarily liable for the payments specified herein and in the Note and for performance and observance of the other agreements on its part herein provided to be performed and observed by it; and the Company shall also provide the Trustee with an approving opinion of Bond Counsel to the effect that such assignment, transfer, sale or lease will not adversely affect the status of interest on the Bonds for federal tax purposes.
(b) the assignee, lessee or purchaser shall assume the obligations of the Company hereunder to the extent of the interest assigned, leased or sold; and
(c) the Company shall, within thirty (30) days after the delivery thereof, furnish or cause to be furnished to the Issuer and to the Trustee a true and complete copy of each such assignment, instrument of transfer, lease or sale agreement, as the case may be, together with any instrument of assumption.
Assignment Leasing and Selling. Registration of Bonds; Transfer and Assignment by Lender 30 Section 9.02. No Sale, Lease or Assignment by Corporation 31 Section 10.01. Events of Default 31 Section 10.02. Remedies on Default 32 Section 10.03. No Remedy Exclusive 32
Assignment Leasing and Selling. REDEMPTION Section 7.1.
Assignment Leasing and Selling. (a) Unless the Capital Reserve Fund has been drawn upon, and the time has expired for the restoration thereof, and the Capital Reserve Fund has not been fully restored pursuant to Section 5.09 of the Indenture, without the prior written consent of the Issuer, the Borrower may not assign its rights, interests or obligations hereunder or under the Loan Note or sell the whole or any part of the Facility or lease the whole or any part of the Facility necessary for the operation of the Facility at its designed capacity.
(b) Without the prior written consent of the Issuer, the Borrower may not assign or transfer this Agreement or any of its right, title or interest in any of the Facility Agreements or any Financing Agreements.
Assignment Leasing and Selling. SECTION 7.01. Assignment, Leasing or Selling of the Facilities by the City. Except as provided in Article V of this Agreement, the City will not sell, lease, assign, transfer, convey or otherwise dispose of its interest in the Project or any portion thereof or interest therein or in the revenues therefrom without the written consent of the Company, nor will it create or suffer to be created any debt, lien or charge thereon, not consented to by the Company, except Permitted Encumbrances.
