Common use of No Liens or Encumbrances by Lessor; Transfer by Xxxxxx Clause in Contracts

No Liens or Encumbrances by Lessor; Transfer by Xxxxxx. Except for easements, covenants, conditions, and restrictions created in accordance with Paragraph 11.3, Xxxxxx agrees and covenants not to place any encumbrance, including, without limitation, any deed of trust, mortgage, or security lien upon the Leased Premises, during the term of this Agreement. If Lessor desires to convey the Leased Premises to a third party, it shall provide Lessee with written notice setting forth the name of the proposed transferee and all of the terms of the conveyance (including, without limitation the purchase price) at least 9 months prior to such proposed conveyance (the “Transfer Notice”). In such event, Xxxxxx shall have the right of first refusal to purchase the Leased Premises from Lessor upon the terms and conditions of the Transfer Notice, which right may be exercised by Xxxxxx’s delivery to Lessor of a written notice (an “Acceptance Notice”) accepting the terms and conditions set forth in the Transfer Notice, to be delivered within sixty days of Xxxxxx’s receipt of the Transfer Notice. If Lessee timely delivers an Acceptance Notice to Lessor, Lessee shall purchase the Leased Premises on the terms set forth in the Transfer Notice, and if Lessee does not timely deliver an Acceptance Notice to Lessor, Lessor may convey the Leased Premises (which conveyance shall be subject and subordinate to each and every term of this Agreement, including without limitation, Lessee’s purchase of the Leased Premises at the expiration of the Term, notwithstanding any provision in the Transfer Notice to the contrary) to the third party identified in the Transfer Notice, upon the exact terms set forth in the Transfer Notice. Lessee shall again have the right of first refusal in accordance with the terms of this Section 11.1 if Lessor proposes to transfer the Leased Premises to any different purchaser, or on any terms and conditions different than those stated in the latest Transfer Notice.

Appears in 2 contracts

Samples: Hospital Lease Purchase Agreement, Hospital Lease Purchase Agreement

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No Liens or Encumbrances by Lessor; Transfer by Xxxxxx. Except for easements, covenants, conditions, and restrictions created in accordance with Paragraph 11.3, Xxxxxx agrees and covenants not to place any encumbrance, including, without limitation, any deed of trust, mortgage, or security lien upon the Leased Premises, during the term of this AgreementTerm. If Lessor desires to convey the Leased Premises to a third party, it shall provide Lessee with written notice setting forth the name of the proposed transferee and all of the terms of the conveyance (including, without limitation the purchase price) at least 9 months prior to such proposed conveyance (the “Transfer Notice”). In such event, Xxxxxx Lessee shall have the right of first refusal to purchase the Leased Premises from Lessor upon the terms and conditions of the Transfer Notice, which right may be exercised by Xxxxxx’s delivery to Lessor of a written notice (an “Acceptance Notice”) accepting the terms and conditions set forth in the Transfer Notice, to be delivered within sixty days of Xxxxxx’s receipt of the Transfer Notice. If Lessee timely delivers an Acceptance Notice to Lessor, Lessee shall purchase the Leased Premises on the terms set forth in the Transfer Notice, and if Lessee does not timely deliver an Acceptance Notice to Lessor, Lessor may convey the Leased Premises (which conveyance shall be subject and subordinate to each and every term of this Agreement, including without limitation, LesseeXxxxxx’s purchase of the Leased Premises at the expiration of the Term, notwithstanding any provision in the Transfer Notice to the contrary) to the third party identified in the Transfer Notice, upon the exact terms set forth in the Transfer Notice. Lessee shall again have the right of first refusal in accordance with the terms of this Section 11.1 if Lessor Xxxxxx proposes to transfer the Leased Premises to any different purchaser, or on any terms and conditions different than those stated in the latest Transfer Notice.

Appears in 1 contract

Samples: Hospital Lease Purchase Agreement

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No Liens or Encumbrances by Lessor; Transfer by Xxxxxx. Except for easements, covenants, conditions, and restrictions created in accordance with Paragraph 11.3, Xxxxxx agrees and covenants not to place any encumbrance, including, without limitation, any deed of trust, mortgage, or security lien upon the Leased Premises, during the term of this AgreementTerm. If Lessor desires to convey the Leased Premises to a third party, it shall provide Lessee with written notice setting forth the name of the proposed transferee and all of the terms of the conveyance (including, without limitation the purchase price) at least 9 months prior to such proposed conveyance (the “Transfer Notice”). In such event, Xxxxxx shall have the right of first refusal to purchase the Leased Premises from Lessor upon the terms and conditions of the Transfer Notice, which right may be exercised by Xxxxxx’s delivery to Lessor of a written notice (an “Acceptance Notice”) accepting the terms and conditions set forth in the Transfer Notice, to be delivered within sixty days of Xxxxxx’s receipt of the Transfer Notice. If Lessee timely delivers an Acceptance Notice to Lessor, Lessee shall purchase the Leased Premises on the terms set forth in the Transfer Notice, and if Lessee does not timely deliver an Acceptance Notice to Lessor, Lessor may convey the Leased Premises (which conveyance shall be subject and subordinate to each and every term of this Agreement, including without limitation, Lessee’s purchase of the Leased Premises at the expiration of the Term, notwithstanding any provision in the Transfer Notice to the contrary) to the third party identified in the Transfer Notice, upon the exact terms set forth in the Transfer Notice. Lessee shall again have the right of first refusal in accordance with the terms of this Section 11.1 if Lessor proposes to transfer the Leased Premises to any different purchaser, or on any terms and conditions different than those stated in the latest Transfer Notice.

Appears in 1 contract

Samples: Hospital Lease Purchase Agreement

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