Assignment to Affiliate. Tenant shall have the right to assign its interest in this Lease, or sublet any portion of the Premises, to any entity in which FirstAmerica and/or Subsidiary hold either directly or indirectly an ownership interest without the prior consent of Landlord, provided that such entity agrees to be bound by the terms and conditions of this Lease. Tenant shall give Landlord written notice of the effective date of such assignment or subletting as soon as practicable. In connection with any such assignment, Tenant shall continue to be jointly and separately liable with the assignee for the obligations of tenant pursuant to this Lease.
Assignment to Affiliate. Notwithstanding anything to the contrary contained in this Article, Tenant shall have the right to assign this Lease, or sublet the Leased Premises or any portion thereof, without the consent of Landlord, to any corporation (a) with which it may merge or consolidate, (b) which is a parent or subsidiary of Tenant, or (c) which is the successor corporation to Tenant in the event of a corporate reorganization or sale of all or substantially all its stock/interest or assets, provided that said assignee assumes, in full, the obligations of Tenant under this Lease and Tenant remains primarily liable under this Lease.
Assignment to Affiliate. The Company will have the right at all times to assign by indenture supplemental hereto any of its rights or obligations under the Indenture to a direct, indirect, or wholly owned Affiliate of the Company; provided that, in the event of any such assignment, the Company will remain liable for all such obligations.
Assignment to Affiliate. Tenant may, upon notice to Landlord, but without Landlord's consent, assign this Lease to an Affiliate of Tenant (including, without limitation, pursuant to a Change of Control of Tenant as provided in Section 23.2); provided further an assignment pursuant to this Section 23.4.2 shall not be permitted in the event (i) the rental or other amounts to be paid by the proposed assignee thereunder would be based, in whole or in part, on the income or profits derived by such proposed assignee from the Facility or the Leased Property, (ii) the Landlord owns an interest, directly or indirectly (by applying the constructive ownership rules of Section 856(d)(5) of the Code) in the proposed assignee or (iii) the proposed assignment would cause (x) a portion of the amounts received by Landlord pursuant to this Lease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar successor provision thereto, or (y) any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. Furthermore, any assignment agreement entered into by Tenant shall expressly provide that the assignee shall furnish Landlord with such financial and operational information as Landlord may request from time to time.
Assignment to Affiliate. As of the Effective Date, the Assignor hereby assigns, transfers and sets over to the Assignee, its successors and permitted assigns, all of the Assignor’s right, title and interest in the Assigned Agreement and all the benefits and advantages derived therefrom for the remainder of the term of the Assigned Agreement and any renewals or extensions thereof.
Assignment to Affiliate. Notwithstanding the foregoing provisions of Section 18.1, 18.2, 18.3 and 18.4 above, Tenant may assign this Lease without Landlord's consent to any corporation or partnership in which ARK Restaurants Corp. owns more than fifty percent (50%) of all ownership interests; provided that ARK Restaurants Corp. (or another restaurant operator with comparable experience and a comparable reputation which is otherwise reasonably acceptable to Landlord) retains control over the management of Tenant's business in the Premises. The provisions of Sections 18.1, 18.2, 18.3 and 18.4 shall not apply to any assignment which is permitted by this Section 18.7.
Assignment to Affiliate. Without requiring any further consent from the Landowner and notwithstanding any provision of this Agreement to the contrary, the Lessee shall have the right to assign all or a portion of its right, title and interest in this Agreement (directly or indirectly and including any transaction or series of transactions that result in a change of control of the Lessee) to any party or entity that is an affiliate of the Lessee. The Landowner acknowledges and agrees that the Lessee shall have the right to assign its right, title and interest in this Agreement to Xxxxx Geothermal Company LLC, a Delaware limited liability company, which is anticipated to be owned by Nevada Geothermal Power Inc. and Ormat Nevada Inc. or its affiliate. The Landowner further agrees that any party or entity which the Lessee controls, or which is controlled by or is under common control with Xxxxx Geothermal Company LLC or its constituent owners, Nevada Geothermal Power Inc. and Ormat Nevada Inc., at the time of such assignment shall be deemed to be an affiliate of the Lessee for purposes of this Section 26.4. The Lessee shall provide written notice of any assignment of this Agreement to an affiliate pursuant to this Section 26.4 promptly after such assignment is consummated, and any assignee of the Lessee’s interest in this Agreement shall assume all of the Lessee’s obligations hereunder in writing as a condition precedent to the effectiveness of such assignment.”
Assignment to Affiliate. Either Party, without the consent of the other Party, may assign rights or delegate obligations under this Agreement in whole or in part, upon thirty (30) Days’ prior Notice to the other Party, to an Affiliate who assumes the obligations delegated under this Agreement. A Party who assigns rights or delegates obligations to an Affiliate shall do so in writing, and shall provide a copy of such writing to the other Party. In all circumstances, the Party who initiates an assignment or delegation shall remain liable to the other Party for its Affiliate’s full performance of the Party’s obligations under this Agreement.
Assignment to Affiliate. With final approval by the PROVIDER, the USER may assign, sublease, or otherwise transfer in whole or in part (whether voluntarily or by action of law), directly, indirectly, or contingently this Agreement or any interest herein to an Affiliate, so long as that Affiliate provides information to PROVIDER within thirty (30) days of the assignment, establishing that it has the ability to meet the financial obligations under this Agreement. If Affiliate fails to meet this criteria set forth above, the Assignment shall be null and void.
Assignment to Affiliate. Notwithstanding anything to the contrary contained in this Article 16, Tenant shall have the right to assign this Lease, or sublet the Premises or any portion thereof, without the consent of, but with notice to, Landlord, to any corporation (a) with which Tenant may merge or consolidate, (b) which is a parent or subsidiary of Tenant at any tier, (c) which is the successor corporation to Tenant in the event of a corporate reorganization, or (d) which acquires all or substantially all of the voting stock of Tenant or all or substantially all of the assets of Tenant, provided that said assignee assumes, in full, the obligations of Tenant under this Lease and Tenant remains primarily liable under this Lease. In addition, nothing contained herein shall prohibit the public offering of or subsequent sale of shares of stock in Tenant in the public markets.
