Due on Transfer Sample Clauses
The 'Due on Transfer' clause stipulates that certain obligations, typically financial ones such as the full repayment of a loan, become immediately due if the property or asset securing the agreement is transferred to another party. In practice, this means that if a borrower sells or otherwise transfers ownership of the property, the lender can require the outstanding balance to be paid in full at that time. This clause is commonly used in mortgage agreements to prevent the transfer of the property without the lender's consent, thereby protecting the lender's interest and ensuring they have control over who owns the collateral securing their loan.
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Due on Transfer. If any Transfer is made in violation of Section 4.2, then, in addition to any other rights and remedies available to the Agency under this Agreement for an Event of Default, the Agency, at its option, may declare the Modified Loan immediately due and payable, as further provided in Section 4.2.
Due on Transfer. If all or any part of the Premises or any interest in the Premises is transferred without the Mortgagee's prior written consent, it may, at its sole option, declare the Debt to be immediately due and payable.
Due on Transfer. Mortgagor acknowledges that a Transfer of the Property may significantly and materially impair the security for the payment and performance of the Secured Obligations and Mortgagor agrees that, if Mortgagor, without the prior written consent of Mortgagee, except as otherwise permitted under this Mortgage or the Transaction Documents, shall cause, permit or suffer a Transfer of the Property, or any portion thereof, then Mortgagee shall have the absolute right, at its option without prior demand or notice (other than as may be expressly otherwise provided in the Transaction Documents) to declare all sums secured by this Mortgage immediately due and payable. Mortgagee shall not be required to demonstrate any actual impairment of the security interest of the Secured Parties or any increased risk of default hereunder in order to declare all sums secured by this Mortgage immediately due and payable upon a Transfer in violation of this Section 2.1(i).
Due on Transfer. Mortgagor shall not without the prior written consent of the "Required Lenders" (as such term is defined in the Loan Agreement) (a) sell, assign, lease, convey, mortgage, pledge, hypothecate, make the subject of any security interest, exchange, subdivide or permit to be divided into multiple condominium units, or in any other manner whatever transfer or encumber all or part of, or any interest in, or any of the Rents derived from, or control of, the Mortgaged Property, or suffer or permit any of the foregoing to occur, whether by operation of law or otherwise; or (b) agree in writing (whether on a conditional or unconditional basis) to do any of the foregoing; or (c) effectuate or permit a reduction in the ownership interests of Acadia Realty Trust in Mortgagor below 51 %; or (d) effectuate or permit a closing of any public or private offering of ownership interests in Mortgagor; or (e) effectuate or permit a transfer of the controlling interest in Mortgagor, other than to an entity owned and controlled by Acadia Realty Trust. Other than as set forth in the immediately preceding sentence, "transfer of the controlling interest in Mortgagor" includes: (i) the sale, assignment, issuance, redemption, diminution or pledge, whether through a single transaction or a series of transactions, of the direct or indirect controlling ownership interest of Mortgagor; (ii) the modification of any organizational documents of Mortgagor or of any entity that directly or indirectly controls Mortgagor if the effect of such modification is to transfer ownership or control of such entity; and (iii) the dissolution or termination, whether by operation of law or otherwise, of Mortgagor or of any entity that directly or indirectly controls Mortgagor. Nothing in this Section 1.18 shall, however, prohibit (y) Leases that comply with this Mortgage and all other applicable Loan Documents, or (z) if Mortgagor is a cooperative apartment corporation, the transfer and mortgaging from time to time of Lease(s) to individual apartment units and the appurtenant shares.
Due on Transfer. In the event Trustor transfers, leases (except as permitted under the terms of an Assignment of Leases and Rents from Trustor to Beneficiary dated as of the date of this Deed of Trust) or conveys to any other party any interest in the Trust Property or any portion thereof, legal or equitable, voluntarily or by operation of law, without the prior written consent of Beneficiary; in the event Trustor shall sell or otherwise dispose of the Trust Property, or any interest therein or portion thereof, without the prior written consent of Beneficiary; in the event Trustor shall further encumber the Trust Property, or any portion thereof, without the prior written consent of Beneficiary; or in the event any change occurs in the Members of Trustor (hereinafter referred to as "Members"), without the prior written consent of Beneficiary may, at its election, declare the entire indebtedness hereby secured to be immediately due and payable, without notice to Trustor (which notice Trustor hereby expressly waives), and upon such declaration the entire indebtedness hereby secured shall be immediately due and payable, anything hereinabove or in the Note to the contrary notwithstanding. As used herein, "transfer" shall include transfers by sale, gift, bequest, or otherwise. If Trustor shall fail to pay such sums, Beneficiary may, without further notice or demand on Trustor, invoke any remedies permitted under the terms hereof, including, without limitation, Article III. As used herein, "transfer" shall include transfers by sale, gift, bequest, or otherwise. In the event Trustor shall request the consent of Beneficiary to a conveyance or encumbrance, Trustor shall deliver a written request to Beneficiary together with complete information regarding such conveyance or encumbrance and shall allow Beneficiary thirty (30) days after delivery of all required information for evaluation of such request. In the event that such request is not approved within such thirty (30) day period, it shall be deemed not approved. Beneficiary may charge an administrative fee to process any such sale, conveyance, transfer, deed of trust or other encumbrance. Such approval may be subject to such modifications of the loan terms, interest rate, and maturity date as may be established by Beneficiary. Consent as to any one transaction shall not be deemed to be a waiver of the right to require consent to future or successive transactions. If the Trust Property should be transferred to a privately held c...
Due on Transfer. Bearer shall have the right and option to --------------- accelerate the Maturity Date upon certain transfers or other dispositions of interests in the mortgaged premises, all as set forth in the Mortgage.
Due on Transfer. Mortgagor shall not: -------------- (a) sell, assign, lease, convey, mortgage, pledge, hypothecate, make the subject of any security interest, exchange, subdivide or permit to be divided into multiple condominium or cooperative units, or in any other manner whatsoever, transfer or encumber all or part of, or any interest in, or any of the Rents derived from, or control of, the Mortgaged Property, or suffer or permit any of the foregoing to occur, whether by operation of law or otherwise, except to the extent that Mortgagor leases residential apartments and commercial space in the ordinary course of business;
Due on Transfer. Trustor acknowledges that a Transfer of the Trust Property may significantly and materially impair the security for the payment and performance of the Senior Secured Obligations and Trustor agrees that, if Trustor, without the prior written consent of Beneficiary, shall cause, permit or suffer a Transfer of the Trust Property, then Beneficiary shall have the absolute right, at its option without prior demand or notice (other than as may be expressly otherwise provided in the Indenture) to declare all sums secured by this Deed of Trust immediately due and payable. Beneficiary shall not be required to demonstrate any actual impairment of the security interest of the Senior Secured Parties or any increased risk of default hereunder in order to declare all sums secured by this Deed of Trust immediately due and payable upon a Transfer in violation of this Section 2.1(i).
