Deemed Assignment. Except in the case of a party who is an issuer listed on the New Zealand Stock Exchange or a recognised overseas exchange, there is deemed to be an assignment of a party's interest in this Agreement in breach of clause 23.1 if, without the prior approval of the other party (not to be unreasonably withheld), by transfer or allotment of shares or amendment of its company constitution or by some other act or deed, the effective control of a party changes or passes to any person not having effective control as at the date of this Agreement.
Deemed Assignment. If the Lessee is a company, a corporation or a partnership, any change in the effective control thereof is deemed to be an assignment of the Lease and the Lessee and the assignee shall comply with the present Section 16.
Deemed Assignment. If the Lessee is a corporation (not being a company with its shares listed on any Stock Exchange in Australia) or an association, any change in the beneficial ownership of 20% or more of the voting shares in the corporation or any change in the effective control of the corporation or association, will be deemed to be an assignment of the Premises requiring the consent of Council under this Lease.
Deemed Assignment. The change in control of the Distributor shall be deemed to be an assignment of this Agreement and therefore subject to paragraph 9.1 hereinabove.
Deemed Assignment. For purposes of this Agreement, the following events shall be deemed to be an “assignment” (provided that a permitted assignment shall have not theretofore occurred pursuant to the provisions of Section 17.2):
(a) Licensee ceases to be, directly or indirectly, wholly-owned by Parent; and
(b) Licensee sells or otherwise disposes of or transfers all or substantially all of its assets to any Person.
Deemed Assignment. If Franchisee is at any time a corporation, then one or more transactions involving (i) issuance of any securities by Franchisee, or (ii) the transfer of stock or voting power of Franchisee, or (iii) any merger or consolidation involving Franchisee, the effect of which shall result in Franchisee's shareholders owning or controlling less than fifty-one percent (51%) of the aggregate voting securities of Franchisee or otherwise losing the right to control the affairs of Franchisee, shall be deemed to be an assignment of this Agreement within the meaning of this Section 22. If Franchisee is at any time a partnership, then the death, voluntary or involuntary or other withdrawal of any general partner, admission of any additional general partner, or transfer of any general partner's interest in the property, management or profits and/or losses of the partnership shall be deemed to be an assignment within the meaning of this Section 22.
Deemed Assignment. If Tenant is a corporation, any transfer of this Lease from Tenant by merger, consolidation, or liquidation, or any change in the ownership of or power to vote 50% or more of the outstanding voting stock of Tenant shall constitute an assignment under this Lease. If Tenant is a partnership or limited liability company, any change in the identity or majority ownership of partners or members in Tenant serving as general partner or manager or owning 50% or more of the outstanding economic interests in such entity shall constitute an assignment under this Lease. The provisions of this Section 17.2 shall not apply if Tenant's stock is listed on a recognized security exchange or if at least eighty percent (80%) of its stock is owned by a corporation whose stock is listed on a recognized security exchange.
Deemed Assignment. If the Lessee or any permitted sub-lease is a limited liability company that is not a public company, then any change in the legal or beneficial ownership of any of the shares in the capital of the company which results in the change in the effective management or control of the company shall be deemed to be an assignment of this Lease and shall be deemed to be an assignment of this Lease and shall be subject to the provisions of this clause.
Deemed Assignment. 15.3.1 Where the Tenant is a corporation, any circumstances which result in any person or group of persons who:
(a) control the composition of the board of directors; or
(b) beneficially hold more than one half of the issued share capital, being different from the person or persons who were in that position at the Commencement Date, will be deemed to be an assignment of this lease which will require the prior written consent of the Landlord.
Deemed Assignment. Where the Lessor is a corporation having shares not listed on a Stock Exchange in Australia, the following circumstances shall constitute an assignment of this Agreement:
(a) any sale, transfer or other disposition whatsoever of the shares in the capital of the Lessor or any issue or allotment of any new shares in the capital of the Lessor or the happening of any other matter or event whatsoever the effect of which is to transfer directly or indirectly the effective ownership, management or control of the Lessor; or
(b) if any of the events referred to in the above clause occur to any holding company (as defined in Corporations Act 2001) of the Lessor or any ultimate holding company of the Lessor.
Item 1. Lessor [insert Lessor full name and ABN] Address: [insert]
Item 2. Land [insert title details] Item 3 Dwellings [insert description of all proposed dwellings to be leased] Item 4 Date for Construction Commencement {insert date} Item 5 Completion Date [insert date] Item 5 Lessor’s Representative Name: [insert name] Address: [insert address] Phone: [insert number]
