Third Party Consent Limitation definition

Third Party Consent Limitation means that if, any right of way, easement, lease or sublease, servitude, permit, license, or other instrument granting Borrower or any Subsidiary or applicable Holdco Entity a possessory right to use or occupy any real property owned by a third party prohibits or requires the consent of such third party as a condition to the creation of any security interest in or Mortgage on Borrower’s or the applicable Subsidiary’s or applicable Holdco Entity’s interest in such instrument, whether expressly within such instrument or by operation of law, and such consent has not been obtained, then Borrower or the applicable Subsidiary or applicable Holdco Entity shall not be deemed to have granted, nor be required to grant, a security interest in or Mortgage on and to Borrower’s or the applicable Subsidiary’s or applicable Holdco Entity’s interest in such instrument; provided, that, if at any time the grant of a security interest in or Mortgage on any such instrument shall no longer be prohibited or consent to the creation of a security interest or Mortgage therein has been obtained, then Borrower or the applicable Subsidiary or applicable Holdco Entity shall at such time be deemed to have granted a security interest in or Mortgage on such instrument; provided further, that, unless and until the consent to the creation of security interest is obtained, Borrower or the applicable Subsidiary or applicable Holdco Entity shall, to the extent it may do so at law or pursuant to the provisions of the applicable instrument, hold all benefit to be derived from such instruments in trust for the Administrative Agent as additional security for payment of the obligations described therein as being secured thereby; provided, further, that in the case of any such instrument that is material to the business of Borrower or the applicable Subsidiary or applicable Holdco Entity, it will use commercially reasonable efforts to obtain the necessary third-party consent to the granting of the security interest or Mortgage (but be required to use such commercially reasonable efforts for a period of 90 days following the granting of a Mortgage on related instruments for the same Pipeline System or Terminal asset(s)), and upon obtaining such consent, the instrument will constitute Collateral; and provided, further, that in no event, regardless of whether any such instrument permits or prohibits the granting of a security interest in or Mortgage on such instrument, will Borrower or any applicable S...
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Third Party Consent Limitation is amended by adding the words "or any Holdco Entity" after the reference to the words "any Subsidiary"; by adding the words "or applicable Holdco Entity" after each reference to the words "applicable Subsidiary"; by adding the words "or applicable Holdco Entity's" after each reference to the words "applicable Subsidiary's"; and by adding the words "or any applicable Holdco Entity" after the reference to the words "or any applicable Subsidiary".
Sample 1
Third Party Consent Limitation means that if, any right of way, easement, lease or sublease, servitude, permit, license, or other instrument granting Borrower or any Subsidiary or applicable Holdco Entity a possessory right to use or occupy any real property owned by a third party prohibits or requires the consent of such third party as a condition to the creation of any security interest in or Mortgage on Borrower’s or the applicable Subsidiary’s or applicable Holdco Entity’s interest in such instrument, whether expressly within such instrument or by operation of law, and such consent has not been obtained, then Borrower or the applicable Subsidiary or applicable Holdco Entity shall not be deemed to have granted, nor be required to grant, a security interest in or Mortgage on and to Borrower’s or the applicable Subsidiary’s or applicable Holdco Entity’s interest in such instrument; provided, that, if at any time the grant of a security
Sample 1

Examples of Third Party Consent Limitation in a sentence

  • Subject to the Third Party Consent Limitation, the Administrative Agent shall be satisfied that the Security Documents encumber substantially all of such real property interests held by the Borrower and its Subsidiaries as the Administrative Agent may require.

  • As of the date of the Financial Statements, there were no material contingent obligations, liabilities for taxes, unusual forward or long term commitments, or unrealized or anticipated losses of the Borrower or any of its Subsidiaries, except for the Third Party Consent Limitation with respect to real property interests to which such limitation is applicable and except as disclosed therein and adequate reserves for such items have been made in accordance with GAAP.

  • Other than the Permitted Liens and other than those for which waivers or consents have been obtained and delivered to the Mortgagee on or prior to the date hereof or otherwise subject to the Third Party Consent Limitation, there are no preferential purchase rights held by third parties affecting any part of the Mortgaged Property or rights of third parties to prohibit the assignment, conveyance, pledge, or mortgage of any part of the Mortgaged Property without the consent of such third parties.

  • Notwithstanding anything to the contrary in the foregoing, to the extent applicable to any Lease, Servitude, or other portion of the Mortgaged Property, the conveyance and grant of Liens and security interests under this Mortgage are subject to the Third Party Consent Limitation and shall not be deemed to have been made with respect to the applicable portion(s) of the Mortgaged Property (but no other portion of the Mortgaged Property) until the receipt, if at all, of the applicable third-party consent.

  • Subject to the Third Party Consent Limitation and the Material Collateral Threshold, the Administrative Agent shall be satisfied that the Security Documents encumber substantially all of such real property interests held by the Borrower and its Subsidiaries as the Administrative Agent may require.

  • As of the date of the Financial Statements, there were no material contingent obligations, liabilities for taxes, unusual forward or long term commitments, or unrealized or anticipated losses of the Borrower 3rd Amended/Restated Credit Agreement or any of its Subsidiaries, except for the Third Party Consent Limitation with respect to real property interests to which such limitation is applicable and except as disclosed therein and adequate reserves for such items have been made in accordance with GAAP.

Related to Third Party Consent Limitation

  • Third Party Consent means any permission, consent, license, agreement, authorization or “right to use” required, from a third party (whether under a Third Party Agreement or otherwise):

  • Third Party Consents shall have the meaning set forth in Section 8.3.

  • Required Consents shall have the meaning set forth in Section 4.5.

  • Required Consent has the meaning set forth in Section 4.4.

  • Third Party Contract means a contract between Metrolinx and any other Person which is in any way related to, impacts or is impacted by the Services and/or the Consultant’s acts or omissions, whether expressly identified to the Consultant or not.

  • Third Party Contracts means any agreements entered into by the Retailer and/or the Customer with any third parties, such as the Transmission Licensee and the MSSL, to enable the Retailer to retail electricity to Contestable Consumers. For the purposes of this Electricity Agreement, Third Party Contracts shall include, but is not limited to, the Retailer Use of Systems Agreement, the Market Support Services Agreement, and the Power System Operator•Market Participant Agreement (as defined under the Market Rules);

  • Third Party Agreement has the meaning provided in Section 5(a) hereof.

  • Third Party IPR means any Intellectual Property Rights not belonging to either party to this Agreement but used by the Supplier in the creation of the Deliverables and/or in the course of or in connection with the Project.

  • Third Party IP Claim has the meaning given to it in clause E8.7 (Intellectual Property Rights).

  • Third Party Contractor as used in the Student Data Protection Act and “Operator” as used in COPPA. De-Identified Information (DII): De-Identification refers to the process by which the Contractor removes or obscures any Personally Identifiable Information (“PII”) from Education Records in a way that removes or minimizes the risk of disclosure of the identity of the individual and information about them.

  • Seller Consents has the meaning set forth in Section 3.03.

  • Third Party Agreements means any Contract between or among a Party (or any member of its Group) and any other Persons (other than the Parties or any member of their respective Groups) (it being understood that to the extent that the rights and obligations of the Parties and the members of their respective Groups under any such Contracts constitute Versum Assets or Versum Liabilities, or Air Products Retained Assets or Air Products Retained Liabilities, such Contracts shall be assigned or retained pursuant to Article II).

  • Third Party IP means the Intellectual Property Rights of any third party that is not a party to this Contract, and that is not a Subcontractor.

  • Contractor-acquired property means property acquired, fabricated, or otherwise provided by the Contractor for performing a contract, and to which the Government has title.

  • Third Party Claims has the meaning set forth in Section 11.1.

  • Express consent means the confirmed express consent you have provided to our processing of your personal data by actively accepting this Privacy Policy.

  • Third Party License means licenses from third parties governing third party software embedded or used in the Trading Platform.

  • Third Party Data has the meaning set forth in Section 9.3(a).

  • Required Governmental Approvals means the Company Required Governmental Approvals and the Parent Required Governmental Approvals.

  • Third Party Licenses has the meaning set forth in Section 3.

  • Third Party Buyer means any Person other than (i) the Company or any of its Subsidiaries, (ii) any employee benefit plan of the Company or any of its Subsidiaries, (iii) the Investors or (iv) any Affiliates of any of the foregoing.

  • Third Party Content means all software, data, text, images, audio, video, photographs and other content and material, in any format, that are obtained or derived from third party sources outside of Oracle that You may access through, within, or in conjunction with Your use of, the Services. Examples of Third Party Content include data feeds from social network services, rss feeds from blog posts, Oracle data marketplaces and libraries, dictionaries, and marketing data. Third Party Content includes third-party sourced materials accessed or obtained by Your use of the Services or any Oracle-provided tools.

  • Third Party Components means software and interfaces, licensed by RIM from a third party for incorporation into a RIM software product, or for incorporation into firmware in the case of RIM hardware products, and distributed as an integral part of that RIM product under a RIM brand, but shall not include Third Party Software.

  • Landlord Personal Property Collateral Access Agreement means a Landlord Waiver and Consent Agreement substantially in the form of Exhibit S, with such amendments, modifications or supplements as may be approved by Collateral Agent.

  • Specified Merger Agreement Representations means such of the representations and warranties made with respect to the Company and its Subsidiaries by the Company in the Merger Agreement to the extent a breach of such representations and warranties is material to the interests of the Lenders.

  • Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity.