Notwithstanding Section 29. 1, Tenant shall have the right to Transfer without Landlord’s prior written consent the Premises or any part thereof to (a) any person that as of the date of determination and at all times thereafter directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with Tenant (“Tenant’s Affiliate”), (b) in connection with the sale of substantially all of Tenant’s assets, (c) a sale of the stock ownership interests of Tenant, (d) a merger of Tenant (regardless of the survivor of such merger) and (e) any similar entity level transaction effecting directly or indirectly the conveyance of Tenant’s business; provided that Tenant shall notify Landlord in writing at least ten (10) days prior to the effectiveness of any such Transfer (an “Exempt Transfer”) and otherwise comply with the requirements of this Lease regarding such Transfer. For purposes of the definition of Tenant’s Affiliate, “control” requires both (i) owning (directly or indirectly) more than fifty percent (50%) of the stock or other equity interests of another person and (ii) possessing, directly or indirectly, the power to direct or cause the direction of the management and policies of such person.
Notwithstanding Section 29. 2.1 of this Contract, ASES agrees that the Contractor will be allowed to assign or subcontract all or part of its obligations under the Contract to its sister company Triple-C, Inc., provided that notwithstanding such assignment or subcontract the Contractor shall remain obligated to ASES under the terms of this Contract.
Notwithstanding Section 29. 1.1, the Issuing Lender shall not be under any obligation to issue any Letter of Credit if (i) any order, judgment or decree of any Official Body or arbitrator shall by its terms purport to enjoin or restrain the Issuing Lender from issuing the Letter of Credit, or any Law applicable to the Issuing Lender or any request or directive (whether or not having the force of law) from any Official Body with jurisdiction over the Issuing Lender shall prohibit, or request that the Issuing Lender refrain from, the issuance of letters of credit generally or the Letter of Credit in particular or shall impose upon the Issuing Lender with respect to the Letter of Credit any restriction, reserve or capital requirement (for which the Issuing Lender is not otherwise compensated hereunder) not in effect on the Closing Date, or shall impose upon the Issuing Lender any unreimbursed loss, cost or expense which was not applicable on the Closing Date and which the Issuing Lender in good xxxxx xxxxx material to it, or (ii) the issuance of the Letter of Credit would violate one or more policies of the Issuing Lender applicable to letters of credit generally.
