RESTRICTIONS ON ALIENATION. Before taking actual physical possession of the said Unit in terms of this agreement and execution and registration of the Sale Deed to be executed in pursuance hereof, the Allottee shall not deal with, let out, encumber, transfer or alienate the said Apartment or his rights under this Agreement without the consent in writing of the Promoter first had and obtained Provided That the Allottee may nominate transfer or alienate the said Apartment or his rights under this Agreement with the consent in writing of the Promoter (which consent the Promoter may refuse to grant without assigning any reason whatsoever) after expiry of a period of 12 (twelve) months from the date hereof (“Lock-in Period”) and that too only after the Allottee having made payment of the entirety of all amounts payable hereunder to the Promoter and not being in default in observance of his obligations under this Agreement Provided Further That the Allottee shall be liable for payment to the Promoter of a fee / charge of Rs.25,000/- (Rupees twenty-five thousand only) for 1 BHK Type Flats, Rs.50,000/- (Rupees fifty thousand only) for 2 BHK Type Flats and Rs.75,000/- (Rupees seventy-five thousand only) for 3 BHK Type Flats or such other fee / charge as may be decided and/or made applicable from time to time by the Promoter in its absolute discretion for such transfer or alienation, plus applicable GST, And Subject Nevertheless To the following terms and conditions:
i) The Promoter shall consent to such nomination transfer or alienation only upon being paid the fee / charge as aforesaid;
ii) Any such nomination assignment transfer or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
iii) The Allottee shall have previously informed the Promoter in writing of the full particulars of such nominee / transferee;
iv) Under no circumstances, the Allottee shall be entitled to let out the said Apartment before possession of the said Apartment is delivered to the Allottee in terms hereof and the Allottee having duly made payment of all amounts payable hereunder and having duly complied with all the Allottee’s obligations hereunder.
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / alienation shall be payable by the Allottee or its transferee.
34.1 Transfer of the said Apartment after the P...
RESTRICTIONS ON ALIENATION. 9.1 No party (the "Selling Party") shall sell, transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any manner transfer or alienate all or any portion of its interest or rights under this Agreement without the prior consent in writing, within 30 days of receipt of notice thereof, of the other party, such consent not to be unreasonably withheld, and the failure to notify the Selling Party within the said 30 days that such consent has been withheld shall be deemed to constitute the consent of the other party.
9.2 Before the completion of any sale or other disposition by any party of its interests or rights or any portion thereof under this Agreement, the Selling Party shall require the proposed acquirer to enter into an agreement with the party not selling or otherwise disposing on the same terms and conditions as set out in this Agreement.
9.3 The provisions of Sections 9.1 and 9.2 shall not prevent a party from entering into an amalgamation or corporate reorganization which will have the effect in law of the amalgamated or surviving company possessing all the property, rights and interests and being subject to all the debts, liabilities and obligations of each amalgamating or predecessor company, or prevent a party from assigning its interest to an Affiliate of such party provided that the Affiliate first complies with Section 9.2 and agrees in writing with the other party to re-transfer such interest to the originally assigning party immediately before ceasing to be an Affiliate of such party.
RESTRICTIONS ON ALIENATION. 12.01 Save and except as provided elsewhere herein, during the Carry Period and for a period of one year thereafter SMC shall not transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any way transfer or alienate all or any portion of its Interest or rights under this Agreement except by permission of the other Party, which shall not be unreasonably with held. Stockgroup may sell its Interest, or any part thereof, but shall sell subject to the buyer assuming its obligations of this Agreement.
12.02 Nothing in this section shall prevent:
(a) a sale by any Party of any part of its Interest or an assignment of any part of its rights under this Agreement to an Affiliate provided that such Affiliate first complies with the provisions of sub-paragraph 12.09 and agrees with the other Parties in writing to re-transfer such Interest to the originally assigning Party before ceasing to be an Affiliate of such Party; or
(b) a disposition pursuant to an amalgamation or corporate reorganization which will have the effect in law of the amalgamated or surviving company possessing all the property, rights and interest and being subject to all debts, liabilities and obligations of each amalgamating or predecessor company, and the same not constituting a change of control.
12.03 Any of the Parties intending to dispose of all or any portion of its Interest or rights under this Agreement (in this section called the "Offeror") shall first give notice in writing to the other Parties (in this section called the "Offerees") of such intention together with the terms and conditions on which the Offeror intends to dispose of its Interest or a portion thereof or rights under this Agreement.
12.04 Any communication of an intention to sell (the "Offer") for the purposes of this section shall be in writing and shall:
(a) set out in reasonable detail all of the terms and conditions of any intended sale;
(b) if it is made pursuant to a proposed sale by agent, advertisement, or otherwise, include a photocopy of the Offer and all other relevant documents; and
(c) if it is made pursuant to a third Party offer, clearly identify the offering Party and include such information as is known by the Offeror about such offering Party; and such communication will be deemed to constitute an Offer by the Offeror to the Offerees to sell the Offeror's Interest or its rights (or a portion thereof as the case may be) under this Agreement to the Offerees on th...
RESTRICTIONS ON ALIENATION. The allottee may assign this agreement any time before the registration of the Deed of Sub- Lease, subject to the following conditions;
i) The profile of the assignee is accepted by the Promoter.
ii) An assignment fee equivalent to [] % ([] percent) of the Premium together with applicable taxes, if any, payable thereon has been paid to the Promoter. The Promoter shall consent to such assignment only upon being paid the fee / charge as aforesaid;
iii) All amounts agreed to be payable by the allottee(s) intending to assign this Agreement has already been paid to the Promoter.
iv) Any such assignment or alienation shall be subject to the terms conditions agreements and covenants contained hereunder and on the part of the Allottee to be observed fulfilled and performed;
v) All stamp duty and registration charges, legal fees and other charges and outgoings as maybe occasioned due to aforesaid transfer / nomination / assignment/alienation shall be payable by the Allottee or its transferee.
RESTRICTIONS ON ALIENATION. Performance Shares may not be sold, transferred, pledged, attached, assigned, or otherwise alienated or encumbered in any manner, whether voluntarily, by operation of law, or otherwise, until the restrictions on the Performance Shares are removed and the Performance Shares are distributed to the Grantee in the form of shares of Common Stock. Any attempt to assign, alienate, pledge, attach, sell, or otherwise transfer or encumber the Performance Shares or the rights relating thereto during the Performance Cycle shall be wholly ineffective.
RESTRICTIONS ON ALIENATION. The Tenant shall not:
(a) save to the extent permitted by the following sub-clauses of this clause, part with possession of the whole or any part of the Property or part with or share occupation of the whole or any part of the Property or permit occupation by a licensee of the whole or any part of the Property or hold on any trust the whole or any part of the Property;
(b) if it is an unlimited company, incorporate itself as a limited company without the prior consent of the Landlord.
RESTRICTIONS ON ALIENATION. 18.1 No party (the "Selling Party") shall sell, transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any manner transfer or alienate all or any portion of its interest or rights under this Agreement without the prior consent in writing of the other parties, such consent not to be unreasonably withheld.
18.2 Where consent has been granted, before the completion of any sale or other disposition by any party of its interests or rights or any portion thereof under this Agreement, the Selling Party shall require the proposed acquirer to enter into an agreement with the party or parties not selling or otherwise disposing on the same terms and conditions as set out in this Agreement.
18.3 The provisions of subsections 18.1 and 18.2 shall not prevent a party from entering into an amalgamation or corporate reorganization which will have the effect in law of the amalgamated or surviving company possessing all the property, rights and interests and being subject to all the debts, liabilities and obligations of each amalgamating or predecessor company, or prevent a party from assigning its interest to an Affiliate of such party provided that the Affiliate first complies with subsection 18.2 and agrees in writing with the other parties to re-transfer such interest to the originally assigning party immediately before ceasing to be an Affiliate of such party.
RESTRICTIONS ON ALIENATION. Not to:
(a) part with or share possession or occupation of the whole or any part or parts of the Premises or charge or mortgage the whole or any part or parts of the Premises save in accordance with the provisions of this paragraph 23; or
(b) grant to any third parties any rights over the Premises except by way of an assignment, underlease or charge of the whole of the Premises in accordance with the provisions of this paragraph 23.
RESTRICTIONS ON ALIENATION. Performance Units or the rights relating thereto may not be sold, transferred, pledged, attached, assigned, or otherwise alienated or encumbered by the Participant in any manner, whether voluntarily, by operation of law, or otherwise. Any attempt to assign, alienate, pledge, attach, sell, or otherwise transfer or encumber the Performance Units or the rights relating thereto shall be wholly ineffective.
RESTRICTIONS ON ALIENATION. 18.1 Except in accordance with this Agreement, each Participant will not transfer, convey, assign, mortgage or grant an option in respect of or grant a right to purchase or in any manner transfer or alienate any or all of its Interest or transfer or assign any of its rights under this Agreement.
18.2 Each Participant will not sell any of its respective Interest or transfer or assign any of its rights under this Agreement except upon the written consent of all Participants and:
(a) in its entirety, unless specifically provided otherwise hereunder,
(b) as a single transaction not directly or indirectly part of some other sale or purchase or agreement for any additional consideration of any nature whatsoever, and
(c) when there is no default of any of the covenants and agreements herein contained by such party.
18.3 Nothing in this Part 18 will prevent:
(a) a sale by a Participant of all of its Interest or an assignment of all its rights under this Agreement to an Associated Company provide that such Associated Company first complies with the provisions of Section 18.11 and agrees with the other Participants in writing to retransfer such Interest to the originally assigning party before ceasing to be an Associated Company of such party, or
(b) a joint disposition of the Property, or all or any part of the other assets constituting any part of the Assets to a third party by the parties as agreed to in writing.
18.4 Subject to Section 18.1 and Section 18.2, any Participant (in this Part 18 referred to as the “Offeror”) intending to sell its Interest or assign its rights under this Agreement will first give notice in writing to the other party hereto (in this Part 18 referred to as the “Offeree”) of such intention together with the terms and conditions on which the Offeror intends to sell its Interest or assign its rights under this Agreement.
18.5 Subject to Section 18.7, if a Participant receives any offer to sell its Interest or assign its rights under this Agreement which its intends to accept, the Offeror will not accept the same unless and until the Offeror has first offered to sell such Interest or rights to the other party hereto on the same terms and conditions as in the offer received and the same has not been accepted by the Offerees in accordance with Section 18.6.
18.6 Any communication of an intention to sell pursuant to Section 18.4 and Section 18.5 (the “Offer” for the purposes of this Part 18 only) will be in writing delivered in accordance with...
