No Encumbrances Except as Mortgages, Deeds of Trust, Sales and Lease- backs or Other Financing for Development Sample Clauses

No Encumbrances Except as Mortgages, Deeds of Trust, Sales and Lease- backs or Other Financing for Development. Notwithstanding Section 2.4, mortgages, deeds of trust, sales and lease-backs or any other form of conveyance required for any reasonable method of financing by Developer are permitted before issuance of the final Certificate of Completion for the Project (including the granting of a security interest in Developer’s rights in this Agreement), but only for the purpose of securing funds to be used for financing the acquisition of the Property and/or the construction of the Improvements on the Property and/or any take-out financing related to the development of the Property and any other expenditures necessary or appropriate to develop the Property under this Agreement, including without limitation real and personal property taxes, related off- Property improvements, insurance premiums, closing costs, attorneys’ fees, loan carrying costs and costs of financing. Developer shall notify City in advance of any mortgage, deed of trust, or other form of conveyance for financing if Developer proposes to enter into the same before issuance of a Certificate of Completion for the construction of the Improvements on the portion of the Property to be subject to such financing arrangement. Developer shall not enter into any such secured financing arrangement without the prior written approval of the City Manager, which shall not be unreasonably withheld, and which approval the City Manager shall give if any such arrangement is with a Qualified Lender. In the event that any such arrangement is with Developer or a person or entity that is affiliated with Developer in any way (which shall exclude corporations whose shares are publicly traded provided Developer and affiliates of Developer own less than ten percent of the voting shares of such entity), or if Developer or a person or entity affiliated with Developer requires any lien on the Property or any portion thereof, then the first sentence of Section 6.13.2 and all of Section 6.13.3 shall not apply to Developer or such person or entity as the holder of a lien or otherwise. In any event, Developer shall promptly notify City of any mortgage, deed of trust, sale, lease-back or other financing conveyance, encumbrance or lien that has been created or attached thereto prior to issuance of a Certificate of Completion for the construction of the Improvements on the portion of the Property to be subject to such financing arrangement, whether by voluntary act of Developer or otherwise. The words “mortgage” and “deed of trust” as u...
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Related to No Encumbrances Except as Mortgages, Deeds of Trust, Sales and Lease- backs or Other Financing for Development

  • Properties and Leases Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, the Company and the Company Subsidiaries have good and marketable title to all real properties and all other properties and assets owned by them, in each case free from liens, encumbrances, claims and defects that would affect the value thereof or interfere with the use made or to be made thereof by them. Except as would not, individually or in the aggregate, reasonably be expected to have a Company Material Adverse Effect, the Company and the Company Subsidiaries hold all leased real or personal property under valid and enforceable leases with no exceptions that would interfere with the use made or to be made thereof by them.

  • Site to be free from Encumbrances Subject to the provisions of Clause 10.3, the Site shall be made available by the Authority to the Concessionaire pursuant hereto free from all Encumbrances and occupations and without the Concessionaire being required to make any payment to the Authority on account of any costs, compensation, expenses and charges for the acquisition and use of such Site for the duration of the Concession Period, except insofar as otherwise expressly provided in this Agreement. For the avoidance of doubt, it is agreed that existing rights of way, easements, privileges, liberties and appurtenances to the Licensed Premises shall not be deemed to be Encumbrances. It is further agreed that the Concessionaire accepts and undertakes to bear any and all risks arising out of the inadequacy or physical condition of the Site.

  • OPERATION OF PROPERTY DURING AGREEMENT PERIOD The Seller will continue to operate the Property and any business conducted on the Property in the manner operated prior to the Agreement and will take no action that would adversely impact the Property, tenants, lender, or business, if any. Any changes, such as renting vacant space, that materially affects the Property or the Buyer's intended use will be permitted only with the Buyer's consent.

  • Waivers and Supplemental Agreements with Consent of Holders With the consent of the Holders of Certificates of each Class representing Certificate Balances aggregating not less than 66% of the related Class Balance, (i) compliance by Xxxxxx Xxx with any of the terms of this Trust Agreement may be waived or (ii) Xxxxxx Mae, in its corporate capacity and in its capacity as Trustee, may enter into any Supplemental Agreement for the purpose of adding any provisions to or changing in any manner or eliminating any of the provisions of this Trust Agreement or of modifying in any manner the rights of the Holders of the Certificates issued under this Trust Agreement; provided, however, that no such waiver or Supplemental Agreement shall:

  • Priority of agreements and errors discrepancies

  • ENTIRETY OF CONTRACTUAL AGREEMENT The COUNTY and the CONTRACTOR agree that this Contract sets forth the entire agreement between the parties, and that there are no promises or understandings other than those stated herein. None of the provisions, terms and conditions contained in this Contract may be added to, deleted, modified, superseded or otherwise altered, except by written instrument executed by the parties hereto.

  • PAYMENT OF OTHER HOUSING CANCELLATION FEES AND OTHER ASSESSMENTS Except for rental charges, all housing charges, including but not limited to cancellation fees, rekey fees, and any other non-rental housing charge are due and payable when billed.

  • Mutual Obligations a) This Agreement, including attachments and appendices to the Agreement, shall constitute the entire Agreement between the parties with respect hereto and supersedes all previous communications and representations or agreements, whether written or oral, with respect to the subject matter hereto unless acknowledged in writing by the duly authorized representatives of both parties.

  • Event of Default Under Any Trust Indenture; Amendments to Any Trust Indenture; Waiver In the event that, as to any MBS, there shall be a Default Under the Trust Indenture or an Event of Default Under the Trust Indenture, the Holders of the Certificates of the related Classes may, in the event that the Trustee shall not take any such action on their behalf, give such notice and take such action as certificateholders under such Trust Indenture shall be permitted to take in respect thereof. For purposes of any Trust Indenture pursuant to which any such action shall be taken or notice given, the holders of the fractional undivided interest in the related trust fund represented by the MBS shall be considered to have approved any such action or given any such notice in an amount which is equal to such fractional undivided interest multiplied by a percentage equal to that percentage obtained by dividing the aggregate of the Certificate Balances of all such Certificates the Holders of which have taken such action or given such notice as permitted hereby by the aggregate of the related Class Balances. In the event that Xxxxxx Xxx shall desire to amend any Trust Indenture pursuant to Section 11.02 (or any similar provision) thereof, under circumstances requiring the vote of certificateholders thereunder, the Trustee may not vote the related MBS on behalf of Holders of the related Certificates except upon the direction to do so from the Holders of the Certificates of the related Classes having Certificate Balances aggregating not less than 51% of the aggregate of the related Class Balances. Similar direction shall be required in order for the Trustee to waive compliance with any provision of a Trust Indenture where the vote of certificateholders is required pursuant to Section 11.02 (or any similar provision) thereof.

  • Limited Contracts The guideline for the length of year recommended for re-employment of limited contract teachers (not eligible for tenure) is as follows:

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