Common use of DEVELOPER’S CONSENT Clause in Contracts

DEVELOPER’S CONSENT. As used in this Article 12, “Developer’s Consent” means the prior written consent of CP Development Co., LP, except to the extent that the right to provide such consent (i) has been Transferred under Article 21, in which case Developer’s Consent shall mean the prior written consent of the applicable Transferee, (ii) has been pledged to a Mortgagee, in which case Developer’s Consent shall also mean the prior written consent of the Mortgagee to the extent the Mortgage documentation so requires or (iii) has been Transferred under Article 17, in which case Developer’s Consent shall mean the prior written consent of the applicable Vertical Developer; provided, that Developer’s Consent shall only apply to a Party if that Party is affected by the proposed Amendment Action. Any Person entitled to give Developer’s Consent shall have the right to grant or deny such consent in its sole discretion. Developer’s Consent shall not be required of a Person that is then in Material Breach unless and until the Material Breach has been cured.

Appears in 3 contracts

Samples: Disposition and Development Agreement (Five Point Holdings, LLC), Disposition and Development Agreement, Disposition and Development Agreement

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DEVELOPER’S CONSENT. As used in this Article 12, “Developer’s Consent” means the prior written consent of CP Development Co., LP, except to the extent that the right to provide such consent (i) has been Transferred under Article 21, in which case Developer’s Consent shall mean the prior written consent of the applicable Transferee, (ii) has been pledged to a Mortgagee, in which case Developer’s Consent shall also mean the prior written consent of the Mortgagee to the extent the Mortgage documentation so requires or (iii) has been Transferred under Article 17, in which case Developer’s Consent shall mean the prior written consent of the applicable Vertical Developer; provided, that Developer’s Consent shall only apply to a Party if that Party is affected by the proposed Amendment Action. Any Person entitled to give DeveloperXxxxxxxxx’s Consent shall have the right to grant or deny such consent in its sole discretion. Developer’s Consent shall not be required of a Person that is then in Material Breach unless and until the Material Breach has been cured.

Appears in 1 contract

Samples: Disposition and Development Agreement

DEVELOPER’S CONSENT. As used in this Article 12, “Developer’s Consent” means the prior written consent of CP Development Co.Treasure Island Community Development, LPLLC, acting as Master Developer, except to the extent that the right to provide such consent (i) has been Transferred under Article 21Section 21.3, in which case Developer’s Consent shall mean the prior written consent of the applicable Transferee, or (ii) has been pledged to a Mortgagee, in which case Developer’s Consent shall also mean the prior written consent of the Mortgagee to the extent the Mortgage documentation so requires or (iii) has been Transferred granted to a Vertical Developer under Article 17a Vertical DDA/LDDA, in which case Developer’s Consent shall mean the prior written consent of the applicable Vertical Developer; provided, that Developer’s Consent shall only apply to a Party if that Party is affected by the proposed Amendment Action. Any Person entitled to give DeveloperXxxxxxxxx’s Consent shall have the right to grant or deny such consent in its sole discretion. Developer’s Consent shall not be required of a Person that is then in Material Breach or has committed an Event of Default unless and until the Material Breach or Event of Default has been cured.

Appears in 1 contract

Samples: Disposition and Development Agreement

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DEVELOPER’S CONSENT. As used in this Article 12, “Developer’s Consent” means the prior written consent of CP Development Co.Treasure Island Community Development, LPLLC, acting as Master Developer, except to the extent that the right to provide such consent (i) has been Transferred under Article 21Section 21.3, in which case Developer’s Consent shall mean the prior written consent of the applicable Transferee, or (ii) has been pledged to a Mortgagee, in which case Developer’s Consent shall also mean the prior written consent of the Mortgagee to the extent the Mortgage documentation so requires or (iii) has been Transferred granted to a Vertical Developer under Article 17a Vertical DDA/LDDA, in which case Developer’s Consent shall mean the prior written consent of the applicable Vertical Developer; provided, that Developer’s Consent shall only apply to a Party if that Party is affected by the proposed Amendment Action. Any Person entitled to give Developer’s Consent shall have the right to grant or deny such consent in its sole discretion. Developer’s Consent shall not be required of a Person that is then in Material Breach or has committed an Event of Default unless and until the Material Breach or Event of Default has been cured.

Appears in 1 contract

Samples: Disposition and Development Agreement

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