Deemed Consents. In the event that a Member neither acts affirmatively nor negatively in the manner contemplated in Sections 14.9(a) or 14.9(b) with respect to any matter as to which its consent or approval is solicited, and such Member has not otherwise indicated in writing to the Managing Members its decision to withhold such consent or approval prior to the date established for the taking of the relevant action, then such Member shall be deemed to have consented to and approved the taking of such action.
Deemed Consents. Notwithstanding anything in this Agreement to the contrary:
(i) subject to Section 1.06(iv), for purposes of modifying, waiving or making any determination (including taking any action under the last paragraph of Section 9.01) with respect to Section 8.10(a) or (b), the “Majority Lenders” shall mean the Lenders having outstanding Loans, Letter of Credit Liabilities, Commitments or unused Commitments (other than the Tranche D Term Loans) representing more than 50% of the total outstanding Loans, Letter of Credit Liabilities, Commitments or unused Commitments (other than the Tranche D Term Loans);
Deemed Consents. If Hazardous materials are discovered in violation of Environmental Laws on the Leased Property, Tenant will exercise all commercially reasonable efforts to cause Manager to take all actions and incur all expenses (which actions and expenses will be subject to Landlord's prior approval, except in Emergency Situations) as may be necessary or required by any Government Agency.
Deemed Consents. For all purposes of this Agreement (including all representations and warranties of Seller contained herein), Seller shall be deemed to have obtained the required consents in respect of the assignment of any Assigned Contract if, and to the extent that, pursuant to the Sale Order or other Order, Seller is authorized to assume and assign to Purchaser, and Purchaser is authorized to accept, such Assigned Contracts pursuant to Section 365 of the Bankruptcy Code.
Deemed Consents. Where:
(a) something requires the consent or approval of the Subordinated Mortgagee under the Subordinated Finance Documents; and
(b) the same thing requires the consent or approval of the Senior Mortgagee and/or any other Senior Finance Party under the Senior Finance Documents, then, if the relevant consent or approval is given under the Senior Finance Documents, it shall be deemed also to have been given under the Subordinated Finance Documents. The Subordinated Mortgagee will, promptly upon the Senior Mortgagee's request, issue such waivers as the Senior Mortgagee may reasonably require to give effect to this clause as against any relevant Obligor who is not a party to this Agreement. The Subordinated Mortgagee has not and will not require any Obligor to seek its consent to any matter for which the consent of the Senior Mortgagee is not also required under the Senior Loan Documents.
Deemed Consents. Each of the Shareholders shall be deemed to have consented to any Transfer of Shares made in accordance with this Agreement and each covenants and agrees to waive any restriction on Transfer, to the extent permitted by applicable laws, contained in the Articles of the Corporation in order to give effect to such Transfers.
Deemed Consents. Notwithstanding anything in this Agreement to the contrary:
Deemed Consents. All consent required of Sublandlord shall be deemed --------------- given if Sublandlord fails to consent or expressly withhold consent within the required periods hereunder. If Master Landlord fails to consent or expressly to withhold consent within the required periods hereunder, Subtenant shall give Master Landlord a written notice, describing Master Landlord's failure with reasonable particularity and expressly and conspicuously providing that the stated consent will be deemed to have been given by Master Landlord unless Master Landlord gives the consent or expressly withholds the consent within two Business Days after Master Landlord's receipt of the notice. In that event, if Master Landlord does not consent or expressly withhold consent within two Business Days after Master Landlord's receipt of the notice, Master Landlord shall be deemed to have given the specified consent.
Deemed Consents. As part of the Sale Motion (or, as necessary in one or more separate motions), Seller shall request that by providing fourteen (14) days’ notice of its intent to assume and assign any Assigned Contract, the Bankruptcy Court shall deem any non-debtor party to such Assigned Contract that does not file an objection with the Bankruptcy Court during the applicable notice period to have given any required consent to the assumption of the Assigned Contract by Seller and assignment to Buyer if, and to the extent that, pursuant to the Sale Order or other order of the Bankruptcy Court, Seller is authorized to assume and assign the Assigned Contract to Buyer and Buyer is authorized to accept such Assigned Contract pursuant to Section 365 of the Bankruptcy Code.
Deemed Consents. If the Manager gives notice to any Member concerning any matter required to be submitted for such Member’s consent or approval under the Act, the Certificate or this Agreement, together with the Manager’s recommendation as to such matter, each such Member whose consent or approval so required and who fails or refuses to register an objection thereto, through the delivery of notice to the Manager within thirty (30) days after receipt thereof, shall be conclusively presumed to have consented to and approved the recommendation of the Manager as to that matter as set forth in any such notice.
