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.
Appears in 5 contracts
Samples: Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.), Lease Agreement (NuStar Energy L.P.)
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or subleasedleased, as a whole or in part, as provided in Section 3.13 hereof or with the prior written consent of the Credit Provider and Bank, but without the Trustee (provided, however, during the Credit Facility Period, necessity of obtaining the consent of either the Trustee shall not be required)Issuer or the Trustee; providedPROVIDED, furtherhowever, that no such assignment, sale or sublease 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 furtherPROVIDED FURTHER, however, that no such assignment, sale or sublease lease shall relieve the Company of any of its obligations under this AgreementAgreement and the Company shall remain fully liable thereon.
Appears in 1 contract
Samples: Loan Agreement (Lesco Inc/Oh)
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or subleasedleased, as a whole or in part, with the prior written consent of the Trustee, the Credit Provider and the Trustee (providedLGC, however, during but without the Credit Facility Period, necessity of obtaining the consent of the Trustee shall not be required)Issuer; provided, furtherhowever, that no such assignment, sale or sublease 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 sublease lease shall relieve the Company of any of its obligations under this Agreement.
Appears in 1 contract
Samples: Loan Agreement (Flanders Corp)
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or subleasedleased, 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 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 sublease lease shall relieve the Company of any of its obligations under this Agreement.
Appears in 1 contract
Assignment, Selling and Leasing. This Agreement may be assigned and the Project may be sold or subleasedleased, as a whole or in part, with the prior written consent of the Credit Provider and Bank, but without the Trustee (provided, however, during the Credit Facility Period, necessity of obtaining the consent of either the Trustee shall not be required)Issuer or the Trustee; providedPROVIDED, furtherhowever, that no such assignment, sale or sublease 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 furtherPROVIDED FURTHER, however, that no such assignment, sale or sublease lease shall relieve the Company of any of its obligations under this AgreementAgreement and the Company shall remain fully liable thereon.
Appears in 1 contract
Samples: Loan Agreement (Exactech Inc)