Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied: (a) the Lessee satisfies the Lessor that: (i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease; (ii) there is no Rent or other money payable under this Lease due but unpaid; and (iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term; (b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including: (i) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and (ii) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations; (c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease; (d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and (e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and (f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 3 contracts
Samples: Lease Agreement, Lease Agreement, Lease Agreement
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) there is no Rent or other money payable under this Lease due but unpaid; and
(iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;,
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(i) including a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(ii) a covenant by the proposed assignee Lease and to observe and perform all of the Lessee's Obligations;
(c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;; and
(d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and
(e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and
(f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 2 contracts
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) there is no Rent or other money payable under this Lease due but unpaid; and
(iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(i) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(ii) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations;
(c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;
(d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and;
(e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and
(f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 2 contracts
Samples: Lease Agreement, Lease Agreement
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) i. the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) . there is no Rent or other money payable under this Lease due but unpaid; and
(iii) . there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(ic) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(iid) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations;
(ce) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;
(df) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and
(eg) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and
(fh) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 1 contract
Samples: Lease Agreement
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) there is no Rent or other money payable under this Lease due but unpaid; and
(iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(i) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(ii) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations;
(c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;
(d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and;
(e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and
(f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 1 contract
Samples: Lease Agreement
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) there is no Rent or other money payable under this Lease due but unpaid; and
(iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(i) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(ii) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations;
(c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;
(d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and
(e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; and
(f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 1 contract
Samples: Lease Agreement
Lessor may consent to assignment. The Lessee will not be in breach of the covenant in clause 15.1 in respect of an assignment if the Lessor consents to the assignment. The Lessor will not unreasonably withhold consent if the following criteria are satisfied:
(a) the Lessee satisfies the Lessor that:
(i) the proposed assignee is a respectable and responsible person of good financial standing, with sound business acumen, with adequate business experience and who is capable of meeting all the financial commitments of the Lessee under this Lease;
(ii) there is no Rent or other money payable under this Lease due but unpaid; and
(iii) there is no unremedied breach of the Lessee's Obligations and there have been no substantial breaches of the Lessee's Obligations during the Term;
(b) the Lessee procures the execution by the proposed assignee of an assignment of lease prepared by the Lessor's solicitors at the Lessee's cost which contains terms acceptable to the Lessor, including:
(i) a covenant by the proposed assignee with the Lessor to pay all Rent and other money payable under this Lease; and
(ii) a covenant by the proposed assignee to observe and perform all of the Lessee's Obligations;
(c) if the proposed assignee is a company, the directors or substantial shareholders of the company at the option of the Lessor guarantee to the Lessor the observance and performance of all of the Lessee's Obligations including payment of the Rent and other money payable under this Lease;
(d) the Lessee agrees that the covenants of the assignee are independent of the covenants of the Lessee in this Lease and will not release or relieve the Lessee from the Lessee's Obligations and the Lessee acknowledges that the Lessee will continue to be fully responsible for the Lessee's Obligations notwithstanding the assignment of the Lease to the proposed assignee, particularly on the occurrence of an Event of Default by the proposed assignee or any other party; and
(e) the assignment complies with Council Policy CP/PMG-3780, Leasing of Council Managed Reserve Land-Community; Community and
(f) the Minister consents in writing to the proposed assignment of the Lease pursuant to section 18 of the LAA.
Appears in 1 contract
Samples: Lease Agreement