Restriction on dealings. (a) The Registered Proprietor (being the registered proprietor at the time of execution of this Agreement) is not to:
(i) sell or transfer the Land or any part of it, or
(ii) assign the Registered Proprietor’s rights or obligations under this Agreement, or novate this Agreement, to any person unless:
(A) the Registered Proprietor has, at no cost to the Council, first procured the execution by the person to whom the Land, or part thereof, is to be sold or transferred or the Registered Proprietor’s rights or obligations under this Agreement are to be assigned or novated, of an Agreement in favour of the Council on terms reasonably satisfactory to the Council, and
(B) the Council has given written notice to the Registered Proprietor stating that it reasonably considers that the purchaser, transferee, assignee or novatee, is reasonably capable of performing its obligations under this Agreement, and
(C) the Registered Proprietor is not in breach of this Agreement, and
(D) the Council otherwise consents to the transfer, assignment or novation, such consent not to be unreasonably withheld.
(b) Subject to clause 1.1(c), the Registered Proprietor acknowledges and agrees that it remains liable to fully perform its obligations under this Agreement unless and until it has complied with its obligations under clause 5.2(a).
Restriction on dealings. See clause 15. See clauses 12 and 13.
Restriction on dealings. See clause 24. See clause 21. Under s93F of the Environmental Planning and Assessment Xxx 0000 NSW 2440 (Council) and Gowings Bros. Limited ABN 68 000 010 471 of Suite 21, 26 – 00 Xxxxxxx Xxxx, Xxxxxxx XXX 0000 (Developer)
Restriction on dealings. (A) The Company undertakes to the Underwriter that for the period from the date of this Agreement and ending on the date which is 90 days from the Long Stop Date, the Company shall not (except for the Rights Shares and the Subscription Shares):
(i) allot or issue or offer to allot or issue or grant any option, right or warrant to subscribe (either conditionally or unconditionally, or directly or indirectly, or otherwise) any Shares or any interests in Shares or any securities convertible into or exercisable or exchangeable for or substantially similar to any Shares or interest in Shares (except for the allotment or issue of Shares upon exercise of the outstanding Share Options);
(ii) agree (conditionally or unconditionally) to enter into or effect any such transaction with the same economic effect as any of the transactions described in Clause 18(A)(i); or
(iii) announce any intention to enter into or effect any such transaction described in Clause 18(A)(i) or 18(A)(ii) unless with the prior written consent of the Underwriter (such consent not to be unreasonably withheld or delayed).
Restriction on dealings. (a) The Land Owner (Second Applicant) (being the registered proprietor at the time of execution of this Deed) must not:
(i) sell or transfer the Land or any part of it, or
(ii) assign the Applicant’s rights or obligations under this Deed, or novate this Deed, to any person unless:
(iii) the Developer or the Land Owner (as the case may be) has, at no cost to the Council, first procured the execution by the person to whom the Land, or part thereof, is to be sold or transferred or the Applicant’s rights or obligations under this Deed are to be assigned or novated, of a deed in favour of the Council on terms reasonably satisfactory to the Council, and
(iv) the Council has given written notice to the Developer or the Landowner (as the case may be) stating that it reasonably considers that the purchaser, transferee, assignee or novatee, is reasonably capable of performing its obligations under this Deed, and
(v) the Developer or the Landowner (as the case may be) is not in breach of this Deed, and
(vi) the Council otherwise consents to the transfer, assignment or novation, such consent not to be unreasonably withheld.
(b) Subject to clause 10.7(c), the Developer and the Landowner (as the case may be) acknowledges and agrees that it remains liable to fully perform its obligations under this Deed unless and until it has complied with its obligations under clause 10.7(a).
(c) Clause 10.7(a) does not apply in relation to any sale or transfer of the Land if this Deed is registered on the title to the Land at the time of the sale.
Restriction on dealings. See clause 32.
Restriction on dealings. See clause 15. See clauses 12 and 13. Under s93F of the Environmental Planning and Assessment Xxx 0000 (Council) and (Developer)
Restriction on dealings. See clause 22. See clauses 19 and 20. See clause 18. Tweed Shire Council ABN 90178732496 of Xxxxxxxxx Xxxx, Xxxxxxxxxxxx, Xxx Xxxxx Xxxxx 0000 (Council) and Metricon Qld Pty Limited ABN 66 607 866 132 of 000 Xxxxxxxxx Xxxx, Mount Waverley Victoria 3149 (Developer)
Restriction on dealings a) The Developer must not:
(i) sell or transfer the Land; or
(ii) Assign the Developer's rights or obligations under this document, or novate this document, to any person unless:
b) the Developer has, at no cost to the Council, first procured the execution by the person to whom the Land or part will be sold or transferred or the Developer's rights or obligations under this document are to be Assigned or novated, of a deed in favour of the Council on terms reasonably satisfactory to the Council; and
c) the Council has given written notice to the Developer stating that it reasonably considers that the purchaser, transferee, assignee or novatee, is reasonably capable of performing its obligations under this document, and
d) the Developer is not in material breach of this document; and
e) the Council otherwise consents to the transfer, assignment or novation, such consent not to be unreasonably withheld.
f) This clause does not apply in relation to any sale or transfer of the Land if this document is registered on the title to the Land at the time of the sale or transfer.
