Permit Transfers. A member may transfer their permit/MRI to another party in accordance 15 with this agreement. For the purposes of this section, transferring a fifty percent or greater 16 interest in a permit/MRI or in the entity that holds the permit/MRI shall constitute a permit 17 transfer. All sector permit transfers shall be conducted in the following manner:
Permit Transfers. 20 Each Member agrees that so long as it is a party to this Agreement, such Member (i) shall not 21 have the authority to sell, lease or transfer the ownership of its Permit to a party that is not or 22 does not agree in writing to be bound by this Agreement for the remainder of the fishing year in 23 which such sale, lease or transfer is to occur, (ii) shall not transfer, lease or assign any DAS 24 allocated to its Permit by NMFS to any permit not enrolled in an approved sector, and (iii) shall 25 comply with the right of first refusal provisions of Section 2.06 hereof prior to the consummation 26 of any proposed sale, lease or transfer permitted hereunder. To the extent that a Member sells, 27 leases or transfers its Permit to another individual or entity (a “Transferee”) in compliance with 28 the foregoing sentence, then (a) such Transferee shall only be permitted to participate in the 29 Sector for the remainder of the fishing year in which the transfer occurred (the “Transfer Year”) 30 and (b) prior to the commencement of the fishing year immediately following the Transfer Year, 31 the Transferee must apply for admission to the Sector pursuant to the provisions of Section 2.04 32 hereof in order to be admitted to the Sector as a Member. For the avoidance of all doubt, for 33 the purposes of calculating a Member’s Commitment Period under Section 2.03 hereof, no 34 portion of a Transfer Year shall be included in such calculation.
Permit Transfers. Each Member agrees that so long as it is a party to this 37 Agreement, such Member (i) shall not have the authority to sell, lease or transfer the ownership 38 of its Permit to a party that is not or does not agree in writing to be bound by this Agreement for 39 the remainder of the fishing year in which such sale, lease or transfer is to occur, (ii) shall not 40 transfer, lease or assign any days-at-sea allocated to its Permit by GARFO to any permit not 41 enrolled in a sector, and (iii) shall comply with the right of first refusal provisions of Section 42 2.08 hereof prior to the consummation of any proposed sale, lease or transfer permitted
Permit Transfers. Seller shall have completed the transfer and assignment of all of the Permits then in effect to the Property Transferee and/or the Tenant and/or Manager of the Property, to the extent the same may be or are required to be effectuated at or prior to the Closing under applicable and governing laws, rules and regulations. To the extent any of the Permits cannot be transferred or assigned at or prior to the Closing, alternative arrangements that are satisfactory to Purchaser and the Tenant shall have been implemented to assure that the Property Transferee and/or the Tenant shall have the benefit of such Permits, and Seller, the Property Transferee and/or the Tenant shall cooperate and use their respective commercially reasonable efforts to complete the transfer and assignment of the Permits as contemplated in the foregoing sentence promptly after the Closing. For example, but not by way of limitation, in the event the required assisted living/senior living facilities and/or skilled nursing facilities licenses or permits have not been transferred, issued or re-issued as of the Closing Date with respect to a Property, as required by applicable law and regulations, the Manager, the Tenant and the Property Transferee shall enter into a sublease of the Lease (the “Transition Period Sublease”), so that the facility located on such Property may continue to be operated on and after the Closing Date pending the transfer, issuance or re-issuance of such required licenses or permits. This Section 4.6 shall survive the Closing for a period of one year.
Permit Transfers. Section 2.06.
Permit Transfers. 3.04.1. As long as a Member is a party to this Agreement, the Member shall not lease annual catch entitlement, (ACE) or Days At Sea (DAS) or otherwise transfer the use rights in the Member’s Permit to an entity outside of the Sector unless a majority of the Sector Board Members and the Sector Manager provide written consent prior to the effective date of the lease or transfer.
3.04.2. Any ACE lease by the Penobscot East Resource Center permit bank to an entity outside of the Sector is exempt from the Board approval requirement, and simply requires the approval of that member and the Sector Manager.
3.04.3. As long as a Member is a party to this Agreement, the Member shall not sell, or otherwise transfer the ownership in the Member’s Permit unless (i) all Sector Members and the Sector Manager provide written consent to transfer prior to the effective date of the transfer; and (ii) the transferee agrees in writing to be bound by this Agreement for the remainder of the fishing year in which such sale or transfer is to occur.
3.04.4. The Sector Members, in their sole discretion, may decide to approve a Permit transfer.
Permit Transfers. Each Member agrees that so long as it is a party to this Agreement, such Member (i) shall not have the authority to sell, lease or transfer the ownership of its Permit to a party that is not or does not agree in writing to be bound by this Agreement for the remainder of the fishing year in which such sale, lease or transfer is to occur, (ii) shall not transfer, lease or assign any days-at-sea allocated to its Permit by NMFS to any permit not enrolled in a sector, and (iii) shall comply with the right of first refusal provisions of Section 2.08 hereof prior to the consummation of any proposed sale, lease or transfer permitted hereunder. To the extent that a Member sells, leases or transfers its Permit to another individual or entity (a “Transferee”) in compliance with the foregoing, then (a) such Transferee shall only be permitted to participate in the Sector for the remainder of the fishing year in which the transfer occurred (the “Transfer Year”) and
Permit Transfers. The Sellers shall, at their sole expense, cause the transfer, reissuance or modification of any Permits to the extent that such is required to cause the Permits to remain in full force and effect in the possession of the Company, after the Closing. The Buyer shall cooperate with the Sellers in their efforts to cause such transfer, reissuance or modification of any Permits. Each of the Sellers agrees to bear the entire financial burden and hold harmless the Buyer for any costs, expenses, obligations or liabilities arising in connection with or pursuant to any of the above described Permit Transfers, reissuances or modifications, except as otherwise noted on Schedule 3.11.
Permit Transfers. The Sellers shall, prior to or at the Closing, at its sole expense, cause the transfer or modification of any material licenses, certificates of occupancy, franchises, permits, exemptions, consents, waivers, authorizations, rights, franchises, orders or approvals of, and has made all required registrations with, any Governmental Authority that are material to the conduct of the Business (collectively, the "Permits") (including any Permits issued pursuant to Environmental Laws) to the extent that such is required or advisable to cause the Permits to remain in full force and effect, on the same terms as those existing prior to the Closing, after the Closing. The Purchaser will provide all reasonable cooperation to the Sellers necessary to effect such transfers or modifications. The Sellers and the Purchaser agree to cooperate as necessary to effect the reissuance of any Permits (including any Permits issued pursuant to Environmental Laws) to the extent that such is required or advisable. Any reasonable costs (not including Sellers' costs) associated with a reissuance of any Permit to the Purchaser shall be borne by the Purchaser.
Permit Transfers. To the extent practicable and permitted by or under applicable Environmental Laws, DI will prepare and file all applications for transfer of its Environmental Permits to Merger Sub in adequate time for transfer to occur as of the time of Closing hereunder.
