Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or subleased, as a whole or in part, with the prior written consent of the Credit Provider and the Trustee (provided, however, during the Credit Facility Period, the consent of the Trustee shall not be required); provided, further, that no such assignment, sale or sublease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such assignment, sale or sublease shall relieve the Company of any of its obligations under this Agreement.
Assignment, Selling and Leasing. The Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider (during any Credit Facility Period), the Administrative Agent (during any Bank Rate Period) or the Trustee (during any period other than a Credit Facility Period or a Bank Rate Period); provided, further, that no such sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such sale or lease shall relieve the Company or ITT Holdings LLC of any of their respective obligations under this Agreement unless such obligations shall have been legally and validly assumed by the acquiring party.
Assignment, Selling and Leasing. To the extent permitted by Section 6.15 hereof, this Agreement may be assigned and the Prior Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider, but, so long as a Credit Facility is in place and no default has occurred and is continuing thereunder, without the necessity of obtaining the consent of either the Issuer or the Trustee; provided, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, a copy of which will be provided to the Authority and the Trustee prior to such lease or sale, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such assignment, sale or lease shall relieve the Company of any of its obligations under this Agreement nor shall such assignment or sale of the Prior Project as a whole become effective until such assignee or purchaser agrees to be bound by the terms of this Agreement.
Assignment, Selling and Leasing by the Users ------------------------------------------- This Loan Agreement may be assigned and the Project may be sold, leased or otherwise disposed of, as a whole or in part by the Users, with the prior written consent of the Credit Obligor, but without the necessity of obtaining the consent of either the Issuer or the Trustee; provided, however, that no such -------- assignment, sale or lease shall, in the Opinion of Bond Counsel, result in interest on any of the Bonds becoming Taxable, or shall otherwise violate any provisions of the Act; provided further, however, that no such assignment, sale ---------------- or lease shall relieve the Users of any of their obligations under this Loan Agreement.
Assignment, Selling and Leasing. The Project may be sold or leased, as a whole or in part, with the prior written consent of the Trustee and the Administrative Agent; provided, however, during a Credit Facility Period, the consent of the Trustee shall not be required); provided, further, that no such sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such sale or lease shall relieve the Company of any of its obligations under this Agreement.
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or leased, as a whole or in part, with the prior written consent of the Bank and the Issuer, but without the necessity of obtaining the consent of the Trustee; PROVIDED, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; PROVIDED FURTHER, however, that no such assignment, sale or lease shall relieve the Company and the Guarantors of any of its obligations under this Agreement for the period of time from the date of this Agreement to the date of such transfer unless the assignee, purchaser or lessee shall have executed an assumption agreement reasonably satisfactory to the Issuer and the Issuer shall have consented to such assignment, sale or lease which consent shall not be unreasonably withheld whereupon the Company shall be relieved of its obligations under this Agreement and from and after the date of such assumption, the Company shall no longer be liable thereupon.
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or leased, as a whole or in part, with the prior written consent of the Trustee, the Credit Provider and the LGC, but without the necessity of obtaining the consent of the Issuer; provided, however, that no such assignment, sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such assignment, sale or lease shall relieve the Company of any of its obligations under this Agreement. This Agreement may be assigned and the Project may be sold or leased, as a whole or in part, and the Company released of all obligations under this Agreement and the Indenture, with the prior written consent of the Issuer, the Trustee, and the LGC, if (i) such assignee, lessee or purchaser assumes the Company's obligations hereunder in writing, (ii) the Credit Provider consents in writing to such assignment, sale and/or lease and the release of the Company hereunder (or, if no Credit Facility is in effect at the time of such assignment, lease or sale, the Owners of a majority in aggregate principal amount of the Bonds then Outstanding consent in writing to such assignment, sale (or lease) and release), and (iii) prior to any assignment, lease or sale pursuant to this Section, the Company shall have caused to be delivered to the Issuer, the Trustee, the LGC and the Credit Provider, if any, an opinion of Bond Counsel, satisfactory in form and substance to each of them, to the effect that such assignment, sale (or lease) and release will not cause interest on the Bonds to be includable in the gross income of the Owners of the Bonds for purposes of federal income taxation. Upon the release of all of the Company's duties and obligations under the provisions of this Section as provided above, the Trustee may execute a release of the Company from its obligations hereunder and under the Indenture and all references to the "Company" in this Agreement, the Indenture and the Bonds shall mean the assignee, lessee or purchaser, as applicable.
Assignment, Selling and Leasing. To the extent permitted by Section 6.15 hereof, this Agreement may be assigned and the Prior Project may be sold or leased, as a whole or in part, with the prior written consent of the Credit Provider (during any Credit Facility Period), the Administrative Agent (during any Bank Rate Period) or the Trustee (during any period other than a Credit Facility Period or a Bank Rate Period); provided, further, that no such sale or lease shall, in the opinion of Bond Counsel, result in interest on any of the Bonds becoming includable in gross income for federal income tax purposes, or shall otherwise violate any provisions of the Act; provided further, however, that no such sale or lease shall relieve the Company or ITT Holdings LLC of any of their respective obligations under this Agreement unless such obligations shall have been legally and validly assumed by the acquiring party.
Assignment, Selling and Leasing. Section 8.1 Assignment Sale or Lease by the Company. Except as otherwise permitted by Sections 5.2 or 7.5(a) hereof, the Company may not assign this Loan Agreement in whole or in part, sell or lease the Project in whole or in part or grant the right to occupy or use the Project, or any part thereof, to persons other than the Company, without the prior written consent of the Director.
Assignment, Selling and Leasing. This Agreement may not be assigned and the Project may not be sold or leased, as a whole or in part, except upon payment in full of the principal, interest and premium, if any, on the Bonds.
