Procedure for Consent. In any circumstances requiring the approval or consent of any Limited Partner specified in this Agreement, such approval or consent may, except as expressly provided to the contrary in this Agreement, be given or withheld in the sole and absolute discretion of such Limited Partner. If the General Partner receives the necessary approval or consent of the Limited Partners to such action, the General Partner shall be authorized and empowered to implement such action without further authorization by any Limited Partner.
Procedure for Consent. In the event Tenant wishes to sublet the Premises, or any portion thereof, or assign this Lease, then the following procedure shall apply:
(i) Tenant shall submit in writing to Landlord (A) the name of the proposed subtenant or assignee; (B) a statement describing the nature of the business to be carried on in the Premises; (C) a copy of the proposed sublease or assignment, including all terms and conditions thereof; (D) Xxxxxxxx’s lease application form, completed by the proposed assignee or subtenant; (E) financial statements for the proposed assignee or subtenant, which shall include, at a minimum, prior year and year to date (current to within six (6) months) balance sheets, income and expense statements and sources and uses of cash statements; and (F) such other financial and business information regarding such subtenant or assignee as Landlord shall reasonably request.
(ii) At any time within thirty (30) days after Xxxxxxxx’s receipt of all of the information specified in clauses (A) through (F) of Section 21(b)(i), Landlord may, by written notice to Tenant, elect to: (A) cancel and terminate this Lease with respect to an assignment of this Lease or the sublease or the entire Premises; (B) consent to such sublease or assignment; or (C) withhold Landlord’s consent. If Landlord falls to respond to Xxxxxx’s request for consent within thirty (30) days after receipt of all of the information specified in clauses (A) through (F) of Section 21(b)(i), Xxxxxxxx’s consent will be deemed to have been denied.
(iii) It shall be reasonable for Landlord to consider, in deciding whether to consent to an assignment or sublease, any or all of the following factors regarding the proposed assignee or subtenant: (A) whether the proposed assignee or subtenant has continuing financial strength comparable to or greater than Tenant and any guarantors of this Lease; (B) the proposed use of the Premises by the assignee or subtenant, including the applicability of any covenants not to compete undertaken by Landlord to other tenants in the Building, whether made before or after execution of this Lease; (C) the proposed assignee’s or subtenant’s business reputation; (D) the tenant mix within the Building; and (E) the business capability, experience and other qualifications of the proposed assignee or subtenant.
Procedure for Consent. In the event Tenant wishes to sublet or assign the Premises, or any portion thereof, the following procedure shall apply:
10.2.1. Tenant shall submit in writing to Landlord the name of the proposed subtenant or assignee, the nature of the business to be carried on the Premises, a copy of the proposed sublease or assignment, including all terms and conditions thereof, and such reasonable financial information regarding such subtenant or assignee as Landlord shall request;
10.2.2. At any time within thirty (30) days of Landlord's receipt of the information specified in Section 10.2, Landlord may, by written notice to Tenant, elect either to (a) consent to the subletting or assignment of the Premises upon the same terms and conditions as those offered to the proposed subtenant or assignee; (b) terminate this Lease with respect to the portion of the Premises proposed to be subleased or assigned, with a proportionate abatement of rent payable hereunder; (c) consent to such subletting or assignment, in which event such consent shall be conditioned upon the agreement by Tenant to pay over to Landlord the amount by which any rent or other consideration received by Tenant from subtenant or assignee exceeds the amount of rent payable by Tenant to Landlord pursuant to this Lease as offset by Tenant's costs of subletting; or (d) withhold Landlord's consent.
Procedure for Consent. In any circumstances requiring the approval or consent of any Member specified in this Agreement, such approval or consent may, except as expressly provided to the contrary in this Agreement, be given or withheld in the sole and absolute discretion of such Member. If the Managing Member receives the necessary approval or consent of the Members to such action, the Managing Member shall be authorized and empowered to implement such action without further authorization by any Member.
Procedure for Consent. In any circumstances requiring the agreement, approval, or consent of the Members specified in this Agreement, such agreement, approval, or consent may, except where a standard for such agreement, approval, or consent is provided for expressly in this Agreement and notwithstanding any provisions of law or in equity to the contrary, be given or withheld in the sole and absolute discretion of the Members in any manner permitted under the Act, and each Member shall be entitled to consider only such factors and interests as it desires, including its own interests, and shall have, to the fullest extent permitted by applicable law, no duty or obligation to give any consideration to any interest of or factors affecting the Company or any other Person. If the Managing Member receives the necessary agreement, approval, or consent of the Members to such action, the Managing Member shall be authorized and empowered to implement such action without further authorization by the Members. Such agreement, approval, or consent must be obtained in writing or by facsimile or electronic communication.
Procedure for Consent. In any circumstances requiring the agreement, approval, or consent of the Members specified in this Operating Agreement, such agreement, approval, or consent may, except where a standard for such agreement, approval, or consent is provided for expressly in this Operating Agreement, be given or withheld in the sole and absolute discretion of the Members, and each Member shall be entitled to consider only such factors and interests as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company or any other Person. If the Manager receives the necessary agreement, approval, or consent of the Members to such action, the Manager shall be authorized and empowered to implement such action without further authorization by the Members. Such agreement, approval, or consent must be obtained in writing or by telephone or facsimile, if such telephone conversation or facsimile is followed by a written summary of the telephone conversation or facsimile communication sent by overnight courier, registered or certified mail, postage and charges prepaid, addressed as described in Section 13.1, or to such other address as such Person may from time to time specify by notice to the Members and the Manager.
Procedure for Consent. It shall be the responsibility of Tenant to provide Landlord, in a manner acceptable to Landlord, with such information as Landlord reasonably determines is necessary for Landlord to grant or withhold its consent. If Tenant desires to request approval to assign, hypothecate or otherwise transfer this Lease or sublet the Premises, then at least thirty (30) days prior to the date when Tenant desires the assignment or sublease to be effective (the “Assignment Date”), Tenant shall give Landlord a notice (the “Assignment Notice”), which shall set forth the name, address and business of the proposed assignees or subtenant, current and signed financial statements, credit information as required by Landlord, the Assignment Date, any ownership or commercial relationship between Tenant and the proposed assignee or subtenant, and the consideration and all other material terms and conditions of the proposed assignment or sublease, all in such detail as Landlord shall reasonably require. If Landlord requests additional detail, the Assignment Notice shall not be deemed to have been received until Landlord receives such additional detail, and Landlord may withhold action on the request to any assignment or sublease until such information is provided. Landlord shall not unreasonably withhold or delay its consent to any sublease or assignment. In considering an Assignment Notice, Landlord may, among other things, consider financial capability, business reputation, business experience, the intended use, the anticipated demand for services by the assignee or subtenant, and the assignee’s or subtenant’s anticipated contribution to the prestige of the building.
Procedure for Consent. In any circumstances requiring the agreement, approval, or consent of the Members specified in this Agreement, such agreement, approval, or consent may, except where a standard for such agreement, approval, or consent is provided for expressly in this Agreement, be given or withheld in the sole and absolute discretion of the Members, and each Member will be entitled to consider only such factors and interests as it desires, including its own interests, and shall have no duty or obligation to give any consideration to any interest of or factors affecting the Company or any other Person. If the Managing Member or the Tax Matters Member receives the necessary agreement, approval, or consent of the Members to such action, the Managing Member or the Tax Matters Member will be authorized and empowered to implement such action without further authorization by the Members. Such agreement, approval, or consent must be obtained in writing or may be obtained by electronic mail, telephone or facsimile, if such electronic mail, telephone conversation or facsimile is followed by a written summary of the electronic mail, telephone conversation or facsimile communication sent by overnight courier, registered or certified mail, postage and charges prepaid, addressed as described in Section 14.1, or to such other address as such Person may from time to time specify by notice to the Members.
Procedure for Consent. The employee shall give consent to urine or breathalyzer testing, or any combination, upon request, by signing a consent form. The form will include the following information:
1. Employee’s consent to release test results to the Hospital.
2. The procedure for confirming an initial positive drug or alcohol test result.
3. The consequences of a positive test for alcohol, under the circumstances.
4. A listing provided by the employee of legally prescribed and over-the-counter medications that may be in the employee’s body.
5. The employee’s right to explain a confirmed positive drug or alcohol test result.
6. The consequences of refusing to consent to urine or breathalyzer testing.
Procedure for Consent. In any circumstances requiring the approval or consent of the Limited Partners specified in this Agreement or otherwise required under the Act, such approval or consent may, except as expressly provided to the contrary in this Agreement, be given or withheld in the sole and absolute discretion of the Limited Partners. If the General Partner receives the necessary approval or consent of the Limited Partners to such circumstances, the General Partner shall be authorized and empowered to implement such action without further authorization by the Limited Partners. Each class of Limited Partners shall exercise the rights to vote or consent granted such class of Limited Partners under this Agreement by a vote or consent of the majority in Percentage Interest of such class of Limited Partners, such result of the majority vote or consent to be the decision of the class of Limited Partners.
