No Assignment by Operator. Notwithstanding anything to the contrary set forth in this Agreement, without the prior written consent of Lessee (which consent may be withheld in Lessee’s sole and absolute discretion), Operator shall have no right to sell, transfer or assign (or permit the sale, transfer or assignment of) any of its rights, duties or obligations under this Agreement in any manner, either directly or indirectly, voluntarily, or by operation of law.
No Assignment by Operator. Without the prior written consent of Lessee (which consent may be withheld in Lessee’s sole and absolute discretion), Operator shall have no right to sell, transfer or assign (or permit the sale, transfer or assignment of) any of its rights, duties or obligations under this Agreement in any manner, either directly or indirectly, voluntarily, or by operation of law. Notwithstanding the foregoing, Operator shall be entitled to assign this Agreement to an Affiliate of Operator as part of a modification to Operator’s company structure in which all or substantially all of Operator’s assets are transferred to an Affiliate of Operator; and Operator shall have the right to assign its rights to receive payments under this Agreement as security for indebtedness or other obligations.
No Assignment by Operator. 30 Section 19.02. Assignment by Lessee.......................................... 30 ARTICLE XX SUBORDINATION............................................................. 30 Section 20.01. Subordination To Mortgage..................................... 30 Section 20.02. Foreclosure....................................... 31
No Assignment by Operator. (a) Notwithstanding anything to the contrary set forth in this Agreement, without the prior written consent of Lessee (which consent may be withheld in Lessee's sole and absolute discretion), Operator shall have no right to sell, transfer or assign (or permit the sale, transfer or assignment of) any of its rights, duties or obligations under this Agreement in any manner, either directly or indirectly, voluntarily, by operation of law, through a change in control of Operator, or otherwise.
(b) Operator shall give Lessee not less than thirty (30) days written notice of any event which would result in Xxxxx X. Xxxxxxxx, Xx. owning less than 51% of the equity interests in Operator. If, within thirty (30) days following delivery of such notice, Lessee does not consent to the occurrence of such event (which consent may be withheld in Lessee's sole and absolute discretion), and such event occurs, Lessee may terminate this Agreement as to one or more Hotels without any liability to Operator.
No Assignment by Operator. The rights, responsibilities and duties under this Agreement are personal to the Operator and may not be transferred or assigned without the express prior written consent of the County.
No Assignment by Operator. (a) Notwithstanding anything to the contrary set forth in this Agreement, and subject to the provisions of Section 19.01(b) and Section 17.02(d), without the prior written consent of Lessee, Operator shall have no right to transfer or assign any of its rights or obligations under this Agreement voluntarily, by operation of law, through a change in control of Operator, or otherwise.
(b) Operator shall give Lessee not less than thirty (30) days prior written notice of any event which would result in any change in Mock's or MeriStar's ownership of the equity interests in Operator. If, within thirty (30) days following receipt of such notice Lessee does not consent to the occurrence of such event, and such event occurs, Lessee may terminate this Agreement as to one or more Hotels, effective upon occurrence of the event, without any liability to Operator pursuant to Section 21.09. Notwithstanding the foregoing, MeriStar may transfer or assign all or a portion of its equity interests in Operator to an Affiliate of MeriStar provided that (i) Operator and MeriStar shall notify Lessee of the proposed transfer or assignment not less than thirty (30) days prior to the proposed transfer or assignment and (ii) Lessee shall have determined, in its reasonable discretion, that the proposed transfer or assignment to such Affiliate of MeriStar shall not cause Operator to fail to qualify as an "eligible independent contractor" as defined in Section 856(d)(9) of the Internal Revenue Code of 1986 with respect to the management of the Hotels.
No Assignment by Operator. Operator may not assign, transfer or convey any of its right, title or interest hereunder, nor shall it have the right to delegate any of the obligations or duties required to be kept by it hereunder without the prior written consent of Owner.
No Assignment by Operator. 35
(a) Notwithstanding anything to the contrary set forth in this Agreement, and subject to the provisions of Section 19.01(b) and Section 17.02(d), without the prior written consent of Lessee, Operator shall have no right to transfer or assign any of its interests, rights or obligations under this Agreement voluntarily, by operation of law, through a change in control of Operator, through a transfer of beneficial interests in Operator, directly or indirectly, or otherwise. Lessee may withhold its consent under this Section 19.01 (a) for any reason in its sole and absolute discretion.
(b) Operator shall give Lessee not less than thirty (30) days prior written notice of any event which would result in any change in Noble's ownership of the equity interests in Operator. If, within thirty (30) days following receipt of such notice Lessee does not consent to the occurrence of such event, and such event occurs, Lessee may terminate this Agreement as to one or more Hotels, effective upon occurrence of the event, without any liability to Operator pursuant to Section 22.09. Notwithstanding the foregoing, Noble may transfer or assign all or a portion of its equity interests in Operator to an Affiliate of Noble provided that (i) Operator and Noble shall notify Lessee of the proposed transfer or assignment not less than thirty (30) days prior to the proposed transfer or assignment and (ii) Lessee shall have determined, in its reasonable discretion, that the proposed transfer or assignment to such Affiliate of Noble shall not cause Operator to fail to qualify as an "eligible independent contractor" as defined in Section 856(d)(9) of the Code with respect to the management of the Hotels.
No Assignment by Operator. Notwithstanding anything to the contrary set forth in this Agreement, without the prior written consent of Lessee (which consent may be withheld in Lessee’s sole and absolute discretion), Operator shall have no right to sell, transfer or assign (or permit the sale, transfer or assignment of) any of its rights, duties or obligations under this Agreement in any manner, either directly or indirectly, voluntarily, or by operation of law; provided, that Operator shall be entitled to assign this Agreement, except that Operator may assign this Agreement without Lessee’s consent to (i) any Affiliate of Operator or (ii) any successor or assign that may result from the merger, consolidation or reorganization of Operator or its Affiliate or the sale of all or substantially all of the equity and/or assets of Operator as long as any such assignee shall assume and agree to be bound by all of the terms and be subject to all of the conditions set forth in this Agreement. Upon any assignment by Operator in accordance with item (ii) of the preceding sentence, Lessee shall have the right to terminate this Agreement upon not less than thirty (30) days’ prior written notice to Operator delivered within thirty (30) days following the closing of such merger, consolidation, reorganization or sale, without the payment of a Termination Fee.
No Assignment by Operator. Section 19.02.
