CONSENT PROCEDURES Clause Samples

CONSENT PROCEDURES. (a) If Tenant desires to (i) assign this Lease other than to a Related Entity, a Successor or a Qualified Business Group Holder or (ii) sublet the Premises or any part thereof to other than a Related Entity, a Successor or a Qualified Business Group Holder, then Tenant shall give Landlord notice (each, a “Transfer Notice”) of such intent. Each Transfer Notice shall be accompanied by (i) a statement setting forth in reasonable detail the identity of the proposed assignee or sublessee, the nature of its business and its proposed use of the Premises and (ii) in the case of a proposed assignment, current financial information with respect to the proposed assignee. Landlord’s consent to any such proposed assignment or to any such proposed sublease shall not be unreasonably withheld, conditioned or delayed, provided that (a) in the case of a proposed assignment, the proposed assignee shall have the financial ability to perform the obligations of Tenant under this Lease (it being agreed that any entity that has a tangible net worth equal to or greater than $50,000,000.00 and a minimum net income of $10,000,000 for each of the three (3) previous years shall be deemed to have the financial ability to perform the obligations of Tenant under this Lease, both as evidenced by financial statements prepared by certified public accountants. Net worth shall be calculated as of the last day of the proposed assignee’s then most recently completed fiscal year, using sound accounting principles. (b) the proposed assignee or subtenant is of a character comparable to (or better than) that of other warehouse and/or office tenants in the area of the Premises, as determined by objective criteria; (c) the intended use of the Premises by the proposed assignee or subtenant (A) is permitted by the first sentence of Section 6.01 above and (B) is no more likely to result in environmental contamination at the Premises than Tenant’s use of the Premises at the time of the assignment or subletting in question. (d) in the case of a proposed assignment, such assignment will not violate the so-called “Party-In-Interest Rules” under ERISA. (b) Landlord shall approve or disapprove a proposed sublease or a proposed assignment described in any Transfer Notice within 10 business days after Landlord’s receipt of such Transfer Notice and the information required pursuant to the provisions of Section 11.03(a) above. If Landlord fails to approve or disapprove a proposed sublease or assignment within suc...

CONSENT PROCEDURES. Section 1. The District shall inform the employee that he/she is subject to testing and will state whether the testing is probable suspicion, post-accident, or random testing. Section 2. If the testing is for probable suspicion, the District shall give the employee a copy of the Impaired Behavior Report prepared pursuant to Article II, Section 1. Both of the observing witnesses shall complete an Impaired Behavior Report form. An ACE representative shall not be required to complete the form. In completing the Impaired Behavior Report form, the witnesses shall be as accurate and detailed as possible recording their observations of the employee’s behavior which leads to their decision to require a test. The District shall explain that because of the observation of the employee’s behavior, it is necessary to verify the employee’s physical capability at that point in time. Section 3. In each and every case the District shall read the applicable Drug Screen Consent form and/or Breath Alcohol Testing Consent form to the employee prior to obtaining the employee’s signature authorizing the test and release of positive or negative test results. 1. Make it clear to the employee that the request to sign the form and take the test is a direct order. 2. Ask the employee if he/she understands the order. If the employee responds that he/she does not understand the order, the supervisor shall explain the order again. 3. Explain to the employee that failure to comply with the order will result in the employee being treated as having tested positive for the substance or substances for which testing was requested and will subject the employee to being taken out of service and subjected to employee evaluation pursuant to Article II, Section 7. Section 4. The District shall use best efforts to immediately notify ACE if the employee requests the presence of an ACE representative at the time of the urine collection or breath testing, or at the time of the request for testing. Urine collection and breath testing shall be delayed no more than one (1) hour from the time of the first request in order to permit an ACE representative to reach the location.

CONSENT PROCEDURES. If Licensee shall have received a bona fide letter of intent to sell or assign its interest in the Hotel/Casino and the Project, together with its rights under this Agreement, in whole and not in part (hereinafter referred to as “LICENSEE’S PROJECT INTEREST”), and Licensee, pursuant to the terms of such offer, desires to accept such offer, Licensee shall give written notice thereof to Licensor, stating the name and full identity of the prospective purchaser of Licensee’s Project Interest, including the names and addresses of the owners of the equity interests of such prospective purchaser, the purchase price for Licensee’s Project Interest, and all of the material terms and conditions of such proposed assignment or sale, together with all other information with respect thereto requested by Licensor and reasonably available to Licensee. Within thirty (30) days after Licensor’s receipt of such written notice from Licensee, Licensor shall elect, by written notice to Licensee, one of the following alternatives: (i) To acquire Licensee’s Project Interest, or to have its designee or designees (which, in Licensor’s sole discretion, may be an unrelated third party), acquire Licensee’s Project Interest at the same price and upon the same terms and conditions as those set forth in the written notice from Licensee to Licensor, provided that Licensor may substitute cash for the fair market value of any non-cash consideration offered. In the event that Licensor has elected to so acquire or have its designee(s) so acquire Licensee’s Project Interest in accordance with the provisions of the preceding sentence, Licensee and Licensor, or its designee(s), as the case may be, shall promptly thereafter enter into an agreement for sale of Licensee’s Project Interest at the price and on the same terms aforesaid and shall consummate such transaction subject to and in accordance with the terms and conditions thereof. The closing for such transaction shall take place on the later to occur of (A) ninety (90) days after the date of Licensor’s written notice electing to exercise its rights under this Section 16(C)(i), or (B) the fifth (5th) Business Day following Licensor’s receipt of all consents, orders and approvals of any Governmental Authority applicable to such transaction; or (ii) To consent or withhold consent to the sale or assignment of Licensee’s Project Interest to such prospective purchaser, subject to the provisions of Section 16(D) below. Licensor’s consent to a sale o...

CONSENT PROCEDURES. The District shall inform the employee that he/she is subject to testing and will state whether the testing is probable suspicion, post-accident, or random testing.

CONSENT PROCEDURES. If the Company desires to take an action which would be prohibited pursuant to Section 4.1 without the prior written consent of Parent, prior to taking such action the Company may request such written consent by sending an email or facsimile to the following individual or such other individual specified by Parent in writing: ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇, Executive Vice President, General Counsel & Secretary; Fax: ▇▇▇-▇▇▇-▇▇▇▇; Email: ▇▇▇-▇▇▇-▇▇▇▇.

CONSENT PROCEDURES. Holders who desire to consent to the proposed amendment must so indicate by marking the appropriate box on the consent included with this consent solicitation statement, and completing, signing, dating, and delivering the same to the processing agent in the manner described in this section. However, if none of the boxes on the consent is checked, but the consent is otherwise properly completed, signed, dated, and delivered, the holder will be deemed to have consented to the proposed amendment. Consents executed by the registered holder of 10-1/2% senior notes must be executed in exactly the same manner as the name(s) appear(s) on such notes. If notes to which a consent relates are held by two or more joint holders, all such holders must sign the consent. If a consent is signed by a trustee, executor, administrator, guardian, attorney-in-fact, officer of a corporation or other registered holder acting in a fiduciary or representative capacity, such person must so indicate when signing and must submit to the processing agent appropriate evidence, satisfactory to us, of such person"s authority to so act, along with the consent. If notes are registered in different names, separate consents must be executed by each such registered holder. Consents by DTC participants whose notes are registered in the name of Cede & Co. must be signed in the manner in which their names appear on the position listing of Cede & Co. with respect to such notes. Subject to the terms and conditions set forth in this consent solicitation statement, we will accept all properly completed and executed consents received by the processing agent and not subsequently revoked prior to 5:00 p.m., New York City time, on the expiration date. All questions as to validity, form, eligibility, time of receipt, and acceptance of consents and revocation will be resolved by us in our sole discretion and our determination will be final and binding, subject only to review and approval of the processing agent with respect to proof of execution and ownership. We reserve the right to reject any and all consents not validly given or the acceptance of which could, in our opinion or in the opinion of our counsel, be unlawful. We also reserve the right, subject to review and approval of the processing agent, to waive any defects, irregularities, or conditions of delivery as to particular consents. Unless waived, all such defects and irregularities must be cured prior to the expiration date, and any consent with ...

CONSENT PROCEDURES. Without limiting any of the Developer's other obligations under this deed, the Developer agrees that it must regularly consult with the State and keep the State fully informed in relation to all its material dealings with the Consent Authority with respect to the Main Development Application and Relevant Applications and must seek the State's prior written approval before making any submissions, variations or submitting anything pursuant to the EP&A Act in respect of the Public Works or the Integration Works, including: (a) to any panel of experts or panel of officers; (b) any environmental assessment, preferred project report, statement of commitments or any revisions of those documents; (c) in relation to the environmental assessment made publicly available and any response to issues raised; (d) any response to issues raised in submissions or any other document; and (e) all details of any significant changes, modifications or conditions of which the Developer becomes aware, which the Consent Authority may consider in relation to the Relevant Application. In giving or withholding its approval to any such documents or matters, the provisions of clauses 9.1, 9.2, 9.5, 9.7, 9.8 and 9.9 will apply mutatis mutandis.

CONSENT PROCEDURES. The Dealer Manager and Participating Brokers will comply in all material respects with the procedures set forth in the Prospectus regarding the submission of consents to the Company.

CONSENT PROCEDURES. Notwithstanding particular periods for consent set forth herein, where a consent is required from Assignee hereunder, Assignee shall use commercially reasonable efforts to provide such consent as early as is reasonable (taking into account availability of its personnel, its applicable approval procedures and provision of information by Company).