Common use of Transfer of the Property; Assumption Clause in Contracts

Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o interest therein); (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 years; (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower; and (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are, (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y) the creation of a purchase money security interest for household appliances; or (z) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer:

Appears in 2 contracts

Samples: Loan Agreement (AmeriCann, Inc.), Loan Agreement (AmeriCann, Inc.)

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Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o interest therein); (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); , (iiiii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 three (3) years; , (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower; and , (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are, are (xi) the creation of a lien or encumbrance subordinate to this Deed of Trust; , (yii) the creation of a purchase money security interest for household appliances; or , (ziii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant, or (iv) execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein. At the election of Lender, in the event of each and every Transfertransfer:

Appears in 1 contract

Samples: Eagle Exploration Co

Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o or interest therein); (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 years; (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower; Borrower and (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are, are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; (y) the creation of a purchase money security interest for household appliances; or (z) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of LenderXxxxxx, in the event of each and every Transfer:

Appears in 1 contract

Samples: Deed of Trust (Fresh Vine Wine, Inc.)

Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o or interest therein); ): (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); ): (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 three (3) years; : (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower; Borrower and (v) the reorganization, liquidation or dissolution of Borrower. Not to be included as a Transfer are, are (x) the creation of a lien or encumbrance subordinate to this Deed of Trust; : (y) the creation of a purchase money security interest for household appliances; , or (z) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfertransfer:

Appears in 1 contract

Samples: Home Treasure Finders, Inc.

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Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o or interest therein); , (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); , (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 three (3) years; , (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in the Borrower; and , (v) the reorganization, liquidation or dissolution of the Borrower. Not to be included as a Transfer are, are (xi) the creation of a lien or encumbrance subordinate to this Deed of Trust; , (yii) the creation of a purchase money security interest for household appliances; , or (ziii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfer:

Appears in 1 contract

Samples: Home Loan Agreement (Rogue Wave Software Inc /Or/)

Transfer of the Property; Assumption. The following events shall be referred to herein as a “Transfer”; : (i) a transfer or conveyance of title (or any portion thereof, legal or equitable) of the Property (or any part thereof o or interest therein); , (ii) the execution of a contract or agreement creating a right to title (or any portion thereof, legal or equitable) in the Property (or any part thereof or interest therein); , (iii) or an agreement granting a possessory right in the Property (or any portion thereof), in excess of 3 three (3) years; , (iv) a sale or transfer of, or the execution of a contract or agreement creating a right to acquire or receive, more than fifty percent (50%) of the controlling interest or more than fifty percent (50%) of the beneficial interest in Borrower; and Wildcat, (v) the reorganization, liquidation or dissolution of BorrowerWildcat. Not to be included as a Transfer are, are (xi) the creation of a lien or encumbrance subordinate to this Deed of Trust; , (yii) the creation of a purchase money security interest for household appliances; , or (ziii) a transfer by devise, descent or by operation of the law upon the death of a joint tenant. At the election of Lender, in the event of each and every Transfertransfer:

Appears in 1 contract

Samples: Varca Ventures, Inc.

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