Lease Transactions. Enter into any sale and lease-back arrangement, either directly or indirectly.
Lease Transactions. Borrower shall not enter into any sale and lease-back arrangement, either directly or indirectly without the prior consent of Lender which consent shall not be unreasonable withheld or conditioned.
Lease Transactions. No Loan Party shall enter into any arrangement with any Person providing for the leasing by a Loan Party of real or personal property that has been or is to be sold or transferred by a Loan Party to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of any Loan Party, other than any such arrangement (a) that is permitted by Section 6.04 or (b) that is approved by the Required Lenders, such approval not to be unreasonably withheld, conditioned or delayed.
Lease Transactions. No Obligor Party shall enter into any arrangement with any Person providing for the leasing by an Obligor Party of real or personal property that has been or is to be sold or transferred by an Obligor Party to such Person or to any other Person to whom funds have been or are to be advanced by such Person on the security of such property or rental obligations of any Obligor Party, other than any such arrangement (a) that is permitted by Section 6.04 or (b) that is approved by the Required Lenders, such approval not to be unreasonably withheld, conditioned or delayed.
Lease Transactions. Each Lease Transaction shall take place as follows, and in accordance with such policies and procedures as more specifically agreed in writing by the parties:
4.1 FedEx shall place each Order for CryoPort Express hereunder with CryoPort through the CryoPort Express Portal, in such manner, by such means and containing such information as specified by CryoPort.
4.2 CryoPort shall use commercially reasonable efforts to accept or reject an Order as soon as possible and in any event no later than 24 hours after receipt of the Order. Each Order that is accepted shall be evidenced by issuance of an Order Confirmation. The Order Confirmation shall confirm for each Lease Transaction the following: (a) the name and shipping address of the applicable Customer, (b) the CryoPort facility where the Container shall be picked up to begin the Lease Transaction, and the CryoPort facility where the Container shall be delivered to end the Lease Transaction, (c) the applicable Shipping Plan, (d) the number and type of leased Container(s), (e) a description of the designated contents to be shipped, together with the applicable government regulated codes and descriptions (including without limitation hazardous classification and harmonization codes) therefor, where applicable, (f) the Commencement Date (g) the Related Goods and Services (if any).and (h) the applicable Fees. Acceptance or rejection of each Order shall be communicated to FedEx. Acceptance of any Order is subject to availability of Containers and Related Goods and Services. The Customer placing the Order shall have the right to cancel a Lease Transaction four (4) days prior to the Commencement Date. CryoPort shall make the Container(s) which are the subject of the Order available for pick-up by FedEx on the Commencement Date at the CryoPort facility indicated on the Order Confirmation prior to the designated pick-up time for that location. The parties acknowledge that exceptions to the above procedures may be necessary or beneficial on occasion and said exceptions shall be agreed upon through reasonable procedures established by the parties in writing.
4.3 For each transaction, CryoPort must affix the applicable shipping or transportation labels as set forth in the applicable Order. FedEx shall not alter, remove or modify any labels provided by CryoPort or affixed by CryoPort to any Container, nor affix any other labels or markings to any Container without CryoPort’s consent; provided, however, that, in the course ...
Lease Transactions. Neither the Borrower nor any Permitted Project Company shall enter into any transaction for the lease of any assets, whether operating leases, capital leases or otherwise, other than the transactions contemplated by the PILOT Agreements and Permitted Rail Car Leases, pursuant to any lease constituting Permitted Debt or pursuant to leases of automobiles, office equipment or the like pursuant to which the aggregate annual lease payments by the Borrower do not exceed $100,000 per calendar year (in year 2007 Dollars adjusted for inflation in accordance with GDP-IPD Index).
Lease Transactions. The Borrower shall not enter into any transaction for the lease of any of its assets, whether operating leases, capital leases or otherwise, other than the Site Lease Agreements.
Lease Transactions. The parties acknowledge and agree that from time to time an Eligible Customer may elect to fund the acquisition of relevant Equipment via a financing arrangement (such as a leasing arrangement), in which case:
(a) the Eligible Customer will appoint a Finance Supplier to provide finance services to the Eligible Customer under a separate agreement entered into between the Eligible Customer and the Finance Supplier;
(b) the Eligible Customer will implement the required arrangements with the Finance Supplier under such separate agreement to give effect to a Lease Transaction between the Eligible Customer and the Finance Supplier;
(c) the Finance Supplier will issue a Purchase Order to the Supplier for the relevant Equipment under this SOA on behalf of the Eligible Customer; (d) such Purchase Order will be deemed to have been issued by the Eligible Customer under clause 5.1 and accordingly, the issuance of such Purchase Order will automatically give rise to an Agreement between the Eligible Customer and the Supplier in accordance with clause 5.3;
Lease Transactions. After the Effective Date, Seller shall not terminate any of the Leases or remove any of the Tenants under the Leases from possession of any portion of the Premises, nor permit the surrender of, or consent to the assignment or subletting under, any existing Lease without Purchaser’s prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. Seller shall perform all of the obligations of landlord under the Leases that, under the terms of the Leases, are required to be performed by the landlord prior to the Closing Date. Between the Effective Date and the Closing Date, Seller shall not enter into any amendment, renewal, modification, extension or termination of the Leases or any new Lease or occupancy agreement without, in each instance, the prior written consent of Purchaser, which consent shall not be unreasonably withheld, conditioned or delayed. Seller shall promptly notify Purchaser in writing of any written notice of default delivered by Seller to any of the Tenants under the Leases. Notwithstanding the foregoing provisions of this Section 7.7, Seller may enter into new Leases with residential tenants at the Rotunda Property without Purchaser’s consent; provided such Leases are for a term of not more than fifteen (15) months, are at market rental rates, including not more than one (1) month of free rent, and are otherwise on terms substantially consistent with the existing residential leases at the Rotunda Property.
Lease Transactions. Between the date hereof and the Closing Date, Seller shall not cause to be entered into any amendment, renewal, modification, extension, or termination of the Sublease.
