Approval of Manager. Notwithstanding anything to contrary contained in this Agreement, the prior written approval, consent or other action by Manager shall be required to approve: (a) the incurring of any indebtedness secured by and interest in the Company or any extension, renewal or replacement of any such indebtedness; or any other indebtedness not in the ordinary course of managing the Business; (b) the voluntary creation or acquiescence in any lien or other encumbrance against the Company or any of its assets; (c) the pledging of any money or other of Company’s assets; and (d) the sale, contribution transfer or conveyance of all or any part of the assets of the Company.
Appears in 3 contracts
Sources: Services Agreement, Services Agreement (Empire State Realty Trust, Inc.), Services Agreement (Empire State Realty OP, L.P.)