Exchange of Property. (a) In accordance with the terms of this Agreement and subject to the terms and provisions of Section 2.08, the QI agrees to effect each Exchange hereunder for the benefit of the Exchangor by (a) acquiring one or more Relinquished Properties from the Exchangor, (b) transferring such Relinquished Property(ies) to one or more Buyers pursuant to the method described in Section 2.03, (c) acquiring one or more Replacement Properties from one or more Sellers, and (d) transferring such Replacement Property(ies) to the Exchangor pursuant to the method described in Section 2.04. The Exchangor shall be solely responsible for determining the scope of each separate and distinct Exchange hereunder by matching one or more Relinquished Properties with one or more Replacement Properties.
(b) No transfer by a Legal Entity of Relinquished Property pursuant to this Agreement shall be made unless each of the following conditions are satisfied:
(i) the Escrow Agreement shall be in effect;
(ii) in connection with the transfer of any Program Vehicle pursuant to a Manufacturer Program, the applicable Legal Entity shall have contracted to sell such Program Vehicle pursuant to such Manufacturer Program (the Manufacturer party to which shall have consented to the purchase and sale of Vehicles by the QI pursuant to an Assignment Agreement, which consent shall not have been revoked) and shall have directed the QI to sell such Program Vehicle in accordance with such Manufacturer Program on the date such Program Vehicle becomes Relinquished Property pursuant to this Agreement;
(iii) on the date of any transfer of any Vehicle to the QI, the only obligations or liabilities, if any, secured by such Vehicle are obligations or liabilities arising under the Related Documents or, with respect to Vehicles transferred by Hertz or HCS, Financing Documents under which Hertz or HCS, respectively, is a borrower;
(iv) solely with respect to (i) a proposed transfer by HVF of Relinquished Property (other than any Relinquished Property relating to Series-Specific Collateral for any Segregated Series that does not have one or more Rating Agencies rating the related Segregated Notes at the request of the Issuer) pursuant to this Agreement or (ii) a proposed transfer by Hertz of Relinquished Property with respect to a Sidecar Financed Vehicle pursuant to this Agreement, as of the date of any such transfer, in each case, a QI Parent Downgrade Event shall not have occurred and continued unremedied for a peri...
Exchange of Property in the event that you purchase a property and this results in that person or company buying your house in part exchange we are regarded as having been instrumental in effecting the introduction and are therefore entitled to our normal sales commission.
Exchange of Property. On or before February 1, 2013, as mutually agreed upon by the Parties (the “Exchange Date”):
(a) Refinery Company will convey the Refinery Exchange Property to Fertilizer Company by special warranty deed, or such other instrument that is customary in Xxxxxxxxxx County, Kansas to convey fee simple title to real property and is agreed to by the Parties, free and clear of all liens and encumbrances, except for such liens and encumbrances that would be shown on a commitment for title insurance or an accurate survey of the Refinery Exchange Property and, if such commitment or survey are prepared, are approved by Fertilizer Company, such approval not to be unreasonably withheld or delayed; and
(b) Fertilizer Company will convey the Fertilizer Exchange Property to Refinery Company by special warranty deed, or such other instrument that is customary in Xxxxxxxxxx County, Kansas to convey fee simple title to real property and is agreed to by the Parties, free and clear of all liens and encumbrances, except for such liens and encumbrances that would be shown on a commitment for title insurance or an accurate survey of the Fertilizer Exchange Property and, if such commitment or survey are prepared, are approved by Refinery Company, such approval not to be unreasonably withheld or delayed. Notwithstanding the foregoing, Refinery Company will remove or cause to removed with respect to the Refinery Exchange Property, and Fertilizer Company will remove or cause to be removed with respect to the Fertilizer Exchange Property, any liens or encumbrances affecting their respective property that can be removed by payment of money (e.g., mortgages, deeds of trust, tax liens, mechanic’s liens, etc.).
Exchange of Property. Transportation SDC credits
Exchange of Property. The Owner, prior to preliminary plat application submittal, shall cause to happen, the exchange of 6 22 +/- of the 29 acres described in Exhibit “A” for the City’s 14+/- acres described in Exhibit “B”. In a form satisfactory to the City, said exchange shall be accomplished via an Agreement for the Exchange of Real Property which may be executed by the City Manager.
Exchange of Property. (a) LEC agrees to acquire from Taxpayer, either directly, or through an appropriate indirect manner, and Taxpayer agrees to convey to BLE, llc the Relinquished Property, and BLE, llc hereby agrees to convey to Taxpayer either directly, or through an appropriate indirect manner, in exchange for the Relinquished Property, the Replacement Property. BLE, llc agrees to acquire the Replacement Property from its seller (the “Seller”) in a purchase transaction for the purpose of effectuating a like kind exchange.
(b) On or before the close of the P & S for the Relinquished Property (the “Initial Closing Date”), Taxpayer shall assign its rights but not its obligations in and under the P & S to BLE, llc, and BLE, llc agrees to accept an assignment in form and substance approved by BLE, llc. Taxpayer shall give written notice of the assignment of the P & S to BLE, llc to all parties to the P & S on or before the Initial Closing Date.
(c) In order to save duplicative recording fees, escrow costs and other similar charges, BLE, llc shall on and as of the Initial Closing Date direct Taxpayer, and Taxpayer, either directly, or through an appropriate indirect manner, shall convey on behalf of BLE, llc, the Relinquished Property to Recipient. In addition, Taxpayer agrees to execute all bills of sale and assignment of leases, security deposits and trade names and other assets, which are necessary to close the transaction directly in favor of Recipient. If closing on the P & S does not occur on the Initial Closing Date, as that date may be extended by the parties thereto, BLE, llc shall assign all of its rights, title and interest in and to the P & S to Taxpayer by an assignment agreement in form and substance acceptable to BLE, llc and Taxpayer shall accept such assignment.
(d) The transfers described in this Section 1 are part of an integrated, interdependent, mutual and reciprocal plan intended to effectuate an exchange by Taxpayer of like-kind real properties pursuant to and in accordance with the provisions of Section 1031 of the Code, and to the extent possible, state tax statutes.
Exchange of Property a. Parties agree to the conditions set forth in Resolution -23 inclusive of a one-time payment of $20,000 to City from Owner.
b. The exchange is for Owner’s Hangar 2-1 to the City of Driggs; City’s Hangar 0-2 to Teton Avjet Ltd, LLC.
c. Parties agree that no land is included in the exchange and remains under the ownership of City.
d. The existing FBO [Assessment] Lease between Owner and City shall remain in effect through the 2026 terms.
e. Owner’s tenant, Air Methods, shall become the tenant of City immediately following execution of this agreement.
f. Pro-rated property taxes on hangars shall be the responsibility of respective Parties immediately following execution of this agreement.
Exchange of Property. (a) In accordance with the terms of this Agreement, the QI agrees to transfer Relinquished Property to a Buyer, pursuant to the terms of Section 2.2 hereof, and to subsequently acquire Replacement Property of a like-kind from a Seller pursuant to the terms of Section 2.4 hereof.
(b) Transfer by the Exchangor of Relinquished Property pursuant to this Agreement shall be subject to such conditions as may be provided under the Financing Documents relating to the Lender with respect to such Relinquished Property.
Exchange of Property. Subject to the terms and conditions of this Agreement, IRE hereby agrees to transfer to DP the IRE Property. Subject to the terms and conditions of this Agreement, DP hereby agrees to transfer to IRE the DP Property.
Exchange of Property. Billings Clinic and City agree to effectuate the Exchange in accordance with the terms and provisions of this Exchange Agreement.
