No Conveyance or Encumbrance. Not to sell, convey, transfer, dispose of or further encumber the Property or the Improvements or any part thereof or any interest therein or enter into a lease covering all or any portion thereof or an undivided interest therein, either voluntarily, involuntarily or otherwise, or enter into an agreement so to do without the prior written consent of Lender being first had and obtained. All easements, declarations of covenants, conditions and restrictions, and private or public dedications affecting the Property shall be submitted to Lender for its approval and such approval shall be obtained prior to the execution or granting of any thereof by Borrower, accompanied by a drawing or survey showing the precise location of each thereof.
No Conveyance or Encumbrance. Seller may not, without Xxxxx’s written consent, convey any right, title or interest in or to the Property to a third party or subject all or any portion of the Property to any mortgage, lien, lease, license, purchase contract, right of first offer, right of first refusal, covenant or restriction that would or may run with title to the Property and be binding on the Buyer or the Property following Closing.
No Conveyance or Encumbrance. Not to sell, convey, transfer, dispose of or further encumber the Property or the Improvements or any part thereof or any interest therein or enter into a lease covering all or any portion thereof (other than residential leases entered into in the ordinary course of business) or an undivided interest therein, either voluntarily, involuntarily or otherwise, or enter into an agreement so to do without the prior written consent of Lender being first had and obtained. All easements, declarations of covenants, conditions and restrictions, and private or public dedications affecting the Property shall be submitted to Lender for its approval and such approval shall be obtained prior to the execution or granting of any thereof by Borrower, accompanied by a drawing or survey showing the precise location of each thereof.
No Conveyance or Encumbrance. Except as provided in Section ---------------------------- 5.19 below, not convey or encumber the Property in any way without the written consent of Lender. All easements affecting the Property shall be submitted to Lender for its approval prior to the execution thereof by Borrower, accompanied by a drawing or survey showing the location thereof.
No Conveyance or Encumbrance. Except for involuntary, immaterial transfers by reason of eminent domain, or replacements of fixtures or equipment pertaining to the Property, Borrower shall not convey, transfer or encumber any interest in the Property in any way without the consent of Lender as more specifically provided in the Deed of Trust. All easements affecting the Property shall be submitted to Lender for its approval (which will not be unreasonably withheld or delayed) prior to the execution thereof by Borrower, accompanied by a drawing or survey showing the location of the proposed easement.
No Conveyance or Encumbrance. Except for Permitted Liens and Permitted Investments, not to sell, convey, transfer, dispose of or further encumber any of the Collateral or any part thereof or any interest therein outside of the ordinary course of business or enter into a lease covering all or any portion thereof or an undivided interest therein, either voluntarily, involuntarily or otherwise, or enter into an agreement so to do without the prior written consent of Lender being first had and obtained; provided however, Borrower may, in its discretion, cease operations at up to three restaurants during any twelve month period without the consent of Lender, and Borrower may transfer, move or dispose of any Collateral related to such restaurants, in accordance with reasonable business practices, without the consent of Lender.
No Conveyance or Encumbrance. Except for Permitted Transfers, Borrower shall not sell, convey, transfer, dispose of, gxxxx x xxxx or security interest in, or otherwise further encumber the Property or the Improvements or any part thereof or any interest therein or enter into a lease (other than leases for units pursuant to the business plan for the Project delivered to Agent) covering all or any portion thereof or an undivided interest therein, either voluntarily, involuntarily or otherwise, or enter into an agreement so to do without the prior written consent of Agent being first had and obtained. All easements, declarations of covenants, conditions and restrictions, and private or public dedications affecting the Property shall be submitted to Agent, and such approval shall be obtained prior to the execution or granting of any thereof by Borrower, accompanied by a drawing or survey showing the precise location of each thereof. Except for Permitted Transfers, any of the following transfers of any beneficial interest in Borrower shall be deemed to constitute a transfer of the Property for purposes of this Section: (a) if Borrower is a partnership, the transfer of any general partnership interest or (unless traded in a recognized public exchange) of more than 15% of the limited partners’ interest; (b) if Borrower is a corporation, the transfer (unless traded in a recognized public exchange) of more than ten percent (10%) of the voting common shares or the creation or issuance of any new class of shares, (c) if Borrower is a limited liability company, the transfer (unless traded in a recognized public exchange) of more than 15% in interest therein, and (d) if Borrower is a trust, any change in the effective holding of the beneficial interest of more than ten percent (10%) of the assets thereof. L’Auberge de Sonoma - 41 - Building Loan Agreement/Disbursement Schedule
