Permitted Assignments and Transfers. Subject to compliance with the provisions of Section 22.4, as applicable, and Article XL, Tenant (or a third-party as applicable to the extent expressly referenced below), without the consent of Landlord, may:
(i) (a) subject to and in accordance with Section 17.1, assign this Lease (and/or permit the assignment of direct or indirect interests in Tenant), in whole, but not in part, to a Permitted Leasehold Mortgagee for collateral purposes pursuant to a Permitted Leasehold Mortgage, (b) assign this Lease (and/or permit the assignment of direct or indirect interests in Tenant) to such Permitted Leasehold Mortgagee, its Permitted Leasehold Mortgagee Designee or any other purchaser following any foreclosure or transaction in lieu of foreclosure of the Permitted Leasehold Mortgage, and (c) assign this Lease (and/or direct or indirect interests in Tenant) to any subsequent purchaser thereafter (provided such subsequent purchaser is not CEC, any Affiliate of CEC or any other Prohibited Leasehold Agent), in each case, solely in connection with or following a foreclosure of, or transaction in lieu of foreclosure of, a Permitted Leasehold Mortgage; provided, however, that immediately upon giving effect to any Lease Foreclosure Transaction, (1) subject to the last sentence of this Section 22.2, at the option of Foreclosure Successor Tenant, either of the following conditions (A) or (B) shall be satisfied (the “Tenant Transferee Requirement”): (A) (x) a Qualified Transferee will be the replacement Tenant hereunder or will Control, and own not less than fifty-one percent (51%) of all of the direct and indirect economic and beneficial interests in, Tenant or such replacement Tenant, (y) a replacement lease guarantor that is a Qualified Replacement Guarantor will have provided a Replacement Guaranty of the Lease, and (z) the Leased Property shall be managed pursuant to a Replacement Management Agreement by a Qualified Replacement Manager or a manager that is expressly approved in writing by Landlord or (B) (x) a transferee that satisfies the requirements set forth in clauses (b) through (i) in the definition of Qualified Transferee will be the replacement Tenant or will Control and own not less than fifty-one percent (51%) of all of the direct and indirect economic and beneficial interests in Tenant, (y) the Lease shall continue to be guaranteed by Guarantor under the MLSA (unless Landlord previously expressly consented in writing to the termination of the MLSA) (it bei...
Permitted Assignments and Transfers. The restrictions set forth in Section 19.01 shall not restrict:
(a) dispositions and sales by the Operator incident to renewals or replacements of the Transmission Facilities;
(b) the right of an Owner to subject any of its Ownership Interest (and Capacity Share) to the lien of any mortgage upon all or a portion of its own physical electric utility property or to otherwise collaterally assign its rights and obligations in this Agreement to a lender or other person providing financing to the Owner;
(c) the right of an Owner to transfer voluntarily all of its Ownership Interest (and Capacity Share) and all of its rights and obligations in this Agreement (including as part of such transfer, in the case of Idaho Power, all of its rights and obligations in this Agreement as the Operator) in connection with any sale, merger or other transfer of substantially all of such Owner’s electric transmission facilities as an operating entity; provided, however, that the effectiveness of such assignment shall be conditioned upon the assignee (i) agreeing in writing, in form and substance reasonably satisfactory to the other Owner, to assume all of the rights and obligations of the assigning Owner as of the assignment date and (ii) qualifying as a Qualified Owner on the assignment date;
(d) the right of an Owner to transfer voluntarily all of its Ownership Interest (and Capacity Share) and all of its rights and obligations in this Agreement (including as part of transfer, in the case of Idaho Power, all of its rights and obligations in this Agreement as the Operator) to an Affiliate of the Owner which owns all or substantially all of the transmission facilities of such Owner; provided, however, that the effectiveness of such assignment shall be conditioned upon the assignee (i) agreeing in writing, in form and substance reasonably satisfactory to the other Owner, to assume all of the rights and obligations of the assigning Owner as of the assignment date and (ii) qualifying as a Qualified Owner on the assignment date;
(e) the right of any Owner to transfer voluntarily all of its Ownership Interest (and Capacity Share) and all of its rights and obligations in this Agreement (including as part of such transfer, in the case of Idaho Power, all of its rights and obligations in this Agreement as the Operator) to a third party; provided that: (i) the other Owner, in its sole discretion, approves such transfer and approves the third-party purchaser as having demonstrated that it ...
Permitted Assignments and Transfers. Notwithstanding anything in this Agreement to the contrary, the Company may upon written notice to the CDA but without any consent or approval of the CDA: (i) with respect to any Project building for which a Certificate of Completion has been issued, sell and convey condominium units in that Project building to homeowners and make related assignments and transfers of property interests to duly formed condominium associations, and lease or sell commercial space in the Project buildings to users/operators thereof; (ii) from time to time before and after Closing, assign or transfer any or all of its interests under this Agreement or in and to the Project and/or the Disposition Parcels to any Affiliate, and from and after any such assignment, such entity shall be deemed to be the Company under this Agreement; and (iii) from time to time before and after Closing, assign and/or pledge its interests under this Agreement and/or in and to the Project, and its membership interests therein, to an Institutional Lender in connection with "mezzanine" or other financing. For the purposes of this Agreement, "Affiliate" shall mean an entity which directly or indirectly through one or more intermediaries controls, or is under common control with, or is controlled by, the Company or the Principals; the term "control" (including the related terms "controlled by" and "under common control with") means: (i) the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract or otherwise; and (ii) the ownership, either directly or indirectly, of at least fifty percent (50%) of the voting stock or other equity interest of such entity.
Permitted Assignments and Transfers. Notwithstanding the foregoing or anything to the contrary contained herein, (i) the assignments, transfers and other actions or transactions (excluding Subleases (as such term is defined in the Non-CPLV Lease)) permitted under Section 22.2 of the Non-CPLV Lease shall be permitted hereunder, and (ii) this Agreement may be assigned or transferred by User to the Person(s) to whom the Non-CPLV Tenant assigns or transfers its interest in the Non-CPLV Lease in accordance with the terms thereof. Further, any Permitted User Lender shall have the same right to receive any notice of a default by User under this Agreement or termination of this Agreement and the same right to cure such default or act or omission which gave rise to such default as such Permitted User Lender would have with respect to a default by the Non-CPLV Tenant under the Non-CPLV Lease or termination of the Non-CPLV Lease as set forth in Article XVII of the Non-CPLV Lease, as if such provisions were set forth in this Agreement mutatis mutandis.
Permitted Assignments and Transfers. Notwithstanding the foregoing or anything to the contrary contained herein, (i) the assignments, transfers and other actions or transactions (excluding Subleases (as such term is defined in the Regional Lease)) permitted under Section 22.2 of the Regional Lease shall be permitted hereunder, and (ii) this Agreement may be assigned or transferred by User to the Person(s) to whom the Regional Tenant assigns or transfers its interest in the Regional Lease in accordance with the terms thereof. Further, any Permitted User Lender shall have the same right to receive any notice of a default by User under this Agreement or termination of this Agreement and the same right to cure such default or act or omission which gave rise to such default as such Permitted User Lender would have with respect to a default by the Regional Tenant under the Regional Lease or termination of the Regional Lease as set forth in Article XVII of the Regional Lease, as if such provisions were set forth in this Agreement mutatis mutandis.
Permitted Assignments and Transfers. Notwithstanding the provisions of this Article 15, AccessCal may without the prior written consent of ANAHEIM, transfer and assign all of AccessCal’s interest under this Lease and the leasehold estate hereby created in AHAHEIM to any trustee named in a deed of trust, any mortgagee named in a mortgage, or any person named in any other type of security instrument for the purpose of incurring an encumbrance on such interest and such leasehold estate pursuant to Section 16.1. However, notwithstanding the foregoing, AccessCal shall provide notice of such transfer and assignment of AccessCal's interest under this Lease to ANAHEIM.
Permitted Assignments and Transfers. Subject to compliance with the provisions of Section 22.4, as applicable, and Article XL, Tenant or any successor to Tenant to the extent expressly referenced below, in each case, that has received an assignment of this Lease in accordance with this Article XXII, may:
Permitted Assignments and Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment or transfer of this Agreement or conveyance of the Project or any part thereof shall not be required in connection with any of the following (the “Permitted Transfers”):
10.2.1. A conveyance of a security interest in the Property in connection with any senior loan and any transfer of title by foreclosure, deed, or other conveyance in lieu of foreclosure in connection therewith.
Permitted Assignments and Transfers. Subject to Section 18.3, the restrictions set forth in Section 18.1 shall not restrict:
(a) Dispositions and sales of equipment or facilities by either Operator incident to renewals or replacements of the Transmission Facilities or Common Equipment;
(b) The right of an Owner to subject any of its Ownership Interests (or Directional Capacity Allocation Percentages and Directional Capacity Allocations) to the lien of any mortgage upon all or a portion of its own physical electric utility property or to otherwise collaterally assign its rights and obligations in this Agreement to a lender or other person providing financing to the Owner;
Permitted Assignments and Transfers. Notwithstanding any other provision of this Agreement to the contrary, City approval of an assignment or transfer of this Agreement or conveyance of the Project or any part thereof shall not be required in connection with any of the following (the “Permitted Transfers”):
12.2.1. Assignment of this Agreement to a limited partnership whose general partner is an affiliate of Golden Empire Affordable Housing, Inc. II that has been formed for the purpose of developing, owning and operating the project.
12.2.2. A conveyance of a security interest in the Property in
12.2.3. The admission of limited partners and any transfer of limited partnership interests in the Developer’s limited partnership in connection with the syndication of the Tax Credit equity.
12.2.4. The removal and replacement of DEVELOPER’s general
