EXCLUSION OF PROPERTY Sample Clauses

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EXCLUSION OF PROPERTY. Emgold shall have the right at any time and from time to time to exclude from this Agreement any one or more parts of the Property as may be permitted by regulation by written notice to the Optionors of its election so to do; PROVIDED THAT any part of the Property so excluded shall be in good standing for 12 months, free and clear of all liens and encumbrances, AND PROVIDED FURTHER that Emgold, if requested by the Optionors in writing, shall deliver to the Optionors recordable transfers of the part of the Property so excluded in favour of the Optionors.
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EXCLUSION OF PROPERTY. The Optionee shall have the right at any time and from time to time to elect to exclude from this Agreement any portion of the Property by not less than 60 days prior written notice to the Optionor of this election; provided that any portion of the Property so excluded shall be in good standing for a period of a minimum of one year and free and clear of all liens, charges and encumbrances, and provided further that the Optionee, if requested by the Optionor in writing, shall deliver to the Optionor recorded transfers of any mineral claims and other property interests which are included in the portion of the Property so excluded in favour of the Optionor.
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EXCLUSION OF PROPERTY. The Optionee shall have the right at any time and from time to time to elect to exclude from this Agreement any portion of the Property by not less than thirty (30) days prior written notice to the Optionors of this election; provided that any portion of the Property so excluded shall be in good standing, free and clear of all liens, charges and encumbrances, and provided further that the Optionee, if requested by the Optionors in writing, shall deliver to the Optionors recorded transfers of any mineral claims and other property interests which are included in the portion of the Property so excluded in favour of the Optionors. Upon termination of a portion of the Property, the terminated portion of the Property shall be subject to the provisions of the paragraph in this Agreement entitled "Termination Prior to Acquisition of Interest".
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EXCLUSION OF PROPERTY. At the request of the authorized representa- tive of the Tennessee Valley Authority, the Secretary may exclude movable property from transfer based on a showing by the Tennessee Valley Authority that the property is vital to the mission of the Tennessee Valley Authority and cannot be replaced in a cost-effective manner, if the Secretary determines that the property is not needed for management of the Recreation Area.
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EXCLUSION OF PROPERTY. (a) Purchaser shall have the right, in its sole discretion, to exclude any Property from this transaction at any time after March 14, 2002 (including the right to exclude a Property previously designated by Purchaser to be assigned or sold, as the case may be, to a designee in the event a Property Closing Condition does not occur), provided that none of the Leases previously assumed by Seller during the Bankruptcy Case shall be excluded by Purchaser unless the landlord of such Lease waives in writing all administrative claims relating to such Lease against the Seller's estate. The Purchase Price shall not be reduced by such exclusion of any of the Properties unless such exclusion was solely a result of Seller's inability to convey legal title to a Property, in which case the Purchase Price shall be reduced by the Purchase Price Reduction. Purchaser's Carrying Cost obligations relating to an excluded Property shall cease at the end of the Carrying Costs Period for such Property. (b) After a Property has been excluded as provided herein, all rights to market, sell, abandon in accordance with Section 554 of the Bankruptcy Code, assume, assign or reject such Property (and all obligations relating thereto) shall revert to and vest in Seller. After a Property has been excluded, Seller shall be entitled to retain all proceeds received from the disposition of such Properties. (c) Purchaser agrees that if it elects to exclude any Property, Purchaser shall do so by giving written notice of such exclusion to Seller on or prior to the 14th day of each calendar month. (d) Purchaser agrees that the LTCB Properties and two "pools" of SPE Properties cannot be assumed, rejected, sold or excluded on an individual basis (but rather only as three separate packages) except as may be permitted in the applicable underlying loan and mortgage documents and/or any adequate protection stipulation or order governing the LTCB Properties and SPE Properties or if the mortgagee so consents, and provided that the applicable mortgagee acknowledges that no action can be taken relating to the LTCB Properties and SPE Properties which will create additional claims against the Seller's estate.
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EXCLUSION OF PROPERTY. If NNP wants to exclude any portion of the Project from being allocated any of the EDUs that become available under this Agreement, then NNP and the owner of the property to be excluded (if different than NNP) shall inform the City in writing of such and thereafter, as a condition of being excluded, the owner of the property to be excluded will be required to enter into separate development agreements and appropriate zoning/platting modifications and stipulations, acceptable to the City in its sole discretion, that address the property owner‟s responsibility for: (i) developing a water source to serve the property being excluded; (ii) designing and constructing all infrastructure needed to provide water service to the property being excluded; and (iii) for providing all rights-of-way and property needed for such infrastructure; and (iii) to the extent reimbursements are required, for providing a source for reimbursement of the costs incurred in the development of the water source and infrastructure for the property being excluded (which may include NNP‟s assignment to such property owner of NNP‟s right to payment of water related development impact fees payable in connection with development of the excluded property). After such conditions are satisfied, this Agreement will be deemed amended to exclude the designated property and the City shall record a notice of amendment identifying the designated property and giving notice of the exclusion of the designated property from this Agreement.
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EXCLUSION OF PROPERTY. The ▇▇▇▇▇▇ee shall have the right at any time and from time to time to elect to exclude from this Agreement any portion of the Properties by written notice to the Optionor of this election; provided that any portion of the Properties so excluded shall be in good standing, free and clear of all liens and encumbrances with a minimum of two years assessment applied. The Optionee may also terminate either the Keith Property Option or the Sewell Property Option to the exclusi▇▇ ▇▇ the other before meetin▇ ▇▇▇ respective property provisions in paragraph 3 and still retain the other property.
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Related to EXCLUSION OF PROPERTY

  • Condition of Property Seller or the originator of the Mortgage Loan inspected or caused to be inspected each related Mortgaged Property within six months of origination of the Mortgage Loan and within twelve months of the Cut-off Date. An engineering report or property condition assessment was prepared in connection with the origination of each Mortgage Loan no more than twelve months prior to the Cut-off Date. To Seller’s knowledge, based solely upon due diligence customarily performed in connection with the origination of comparable mortgage loans, as of the Closing Date, each related Mortgaged Property was free and clear of any material damage (other than (i) deferred maintenance for which escrows were established at origination and (ii) any damage fully covered by insurance) that would affect materially and adversely the use or value of such Mortgaged Property as security for the Mortgage Loan.

  • Possession of Property Possession of the Property free and clear of all uses and encroachments, except the Permitted Exceptions, shall be delivered to Purchaser at closing.

  • Inspection of Property The Borrower and each of its Subsidiaries will keep proper books and records in accordance with GAAP and will permit reasonable examinations of its books and records and reasonable inspections of its property (subject to reasonable procedures relating to safety and security), accompanied by personnel of the Borrower, by the Administrative Agent and any Lender and/or their respective accountants or other professional advisers; provided that such examinations and inspections (a) will occur not more frequently than once in any calendar year, with reasonable efforts to make combined visits (unless a Default or an Event of Default has occurred and is continuing in which case such examinations may occur as frequently as reasonably determined by the Administrative Agent or any Lender, with no obligation to combine visits), (b) will be at the sole expense of the Administrative Agent and/or requesting Lender, as the case may be (unless a Default or an Event of Default has occurred and is continuing in which case such examinations will be at the expense of the Borrower), (c) will be undertaken at reasonable times following the provision of written notice in advance to the Borrower, and (d) will not unduly interfere with the operations or management of the Borrower’s business. Notwithstanding anything set forth herein to the contrary, under no circumstances shall the Borrower or any Subsidiary be required to disclose, permit the inspection, examination or making copies or abstracts of, or discussion of, any document, information or other matter (i) that constitutes non−financial trade secrets or non-financial confidential proprietary information, (ii) in respect of which disclosure to the Administrative Agent or any Lender (or their respective Affiliates, representatives, contractors, accountants or other professionals) is prohibited by any Governmental Rule or binding confidentiality agreement with a Person that is not an Affiliate of the Borrower and that was not entered into in contemplation of this Agreement, (iii) that is subject to attorney−client or similar privilege or constitutes attorney work product, or (iv) in the case of any discussions with accountants, only if the Borrower has been given the opportunity to participate in the discussions.

  • Operation of Property To continue to operate the Property consistent with past practices.

  • Condition of Properties All facilities, machinery, equipment, fixtures and other properties owned, leased or used by the Company are in reasonably good operating condition and repair, subject to ordinary wear and tear, and are adequate and sufficient for the Company’s business.