Limits on Transfers. Subject to the provisions of this Lease, Tenant hereby acknowledges that Landlord has entered into this Lease because of Tenant’s financial strength, goodwill, ability and expertise, and that, accordingly, this Lease is one which is personal to Tenant, and ▇▇▇▇▇▇ agrees for itself and its successor and assigns in interest hereunder that it shall not, other than by the terms of the Permitted Leasehold Mortgages and leases made in accordance with Section 21.17 herein: (a) assign this Lease or any of its rights under this Lease as to all or any portion of the Property, or (b) make or permit any voluntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer as to all or any portion of the Property or the occupancy or use thereof, other than in accordance with LIHTC/Bond/Additional Housing Requirements and this Lease (each of which is hereinafter referred to as a “Transfer”) without first obtaining Landlord’s, Permitted Leasehold Mortgagee’s, and Investor Limited Partner’s express written consent thereto by an instrument which makes specific reference to this paragraph 14.1 and is executed by Landlord (which consent will not be unreasonably withheld, delayed or conditioned) and by Investor Limited Partner, and the Permitted Leasehold Mortgagee. Further, notwithstanding anything to the contrary herein, Landlord shall not transfer, encumber or otherwise dispose of the Fee Estate or the Property or any interest therein without the prior written consent of Tenant, Investor Limited Partner, the Permitted Leasehold Mortgagees and Administrative Limited Partner.
Appears in 1 contract
Sources: Ground Lease
Limits on Transfers. Subject to the provisions of this Lease, Tenant hereby acknowledges that Landlord has entered into this Lease because of Tenant’s financial strength, goodwill, ability and expertise, and that, accordingly, this Lease is one which is personal to Tenant, and ▇▇▇▇▇▇ agrees for itself and its successor and assigns in interest hereunder that it shall will not, other than by the terms of the Permitted Leasehold Mortgages and leases made in accordance with Section 21.17 herein: , (a) assign this Lease or any of its rights under this Lease as to all or any portion of the Property, or (b) make or permit any voluntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer as to all or any portion of the Property or the occupancy or use thereof, other than in accordance with LIHTC/Bond/Additional Housing Requirements and this Lease (each of which is hereinafter referred to as a “Transfer”) without first obtaining Landlord’s, Permitted Leasehold Mortgagee’s, ’s and Investor Limited Partner’s express written consent thereto by an instrument which makes specific reference to this paragraph 14.1 and is executed by Landlord (which consent will not be unreasonably withheld, delayed or conditioned) and by Investor Limited Partner, and the Permitted Leasehold Mortgagee. Further, notwithstanding anything to the contrary herein, Landlord shall not transfer, encumber or otherwise dispose of the Fee Estate or the Property or any interest therein without the prior written consent of Tenant, Investor Limited Partner, Partner and the Permitted Leasehold Mortgagees and Administrative Limited PartnerMortgagees.
Appears in 1 contract
Sources: Ground Lease
Limits on Transfers. Subject to the provisions of this Leasesubsection 9.1.4 hereof, the Tenant hereby acknowledges that the Landlord has entered into this Lease because of the Tenant’s financial strength, goodwill, ability and expertise, expertise and that, accordingly, this Lease is one which is personal to the Tenant, and ▇▇▇▇▇▇ the Tenant agrees for itself and its successor successors and assigns in interest hereunder that that, subject to rights and remedies of Permitted Leasehold Mortgagees, it shall will not, other than by the terms of the Permitted Leasehold Mortgages Mortgage and leases rentals made in accordance with Section 21.17 herein: 19.15 hereof (a) assign this Lease or any of its rights under this Lease as to all or any portion of the PropertyPremises, the Units, the rest of the Improvements, the Equipment or the Property generally or (b) make or permit any voluntary or involuntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer as to of any or all of the Premises, the Units, the rest of the Improvements, the Equipment or any portion of the Property or the occupancy or use thereof, other than in accordance with LIHTC/Bond/Additional LIHTC Housing Requirements Requirements, and this Lease Lease, or pursuant to a foreclosure or deed-in-lieu thereof of a Permitted Leasehold Mortgagee, (each of which is hereinafter referred to as a “Transfer”) ), without first obtaining the Landlord’s, Permitted Leasehold Mortgagee’s, and Investor Limited Partner’s express written consent thereto by an instrument which makes specific reference to this paragraph 14.1 and is executed by Landlord (which consent will not be unreasonably withheld, delayed or conditioned) and by Investor Limited Partner, and the Permitted Leasehold Mortgagee). Further, Further notwithstanding anything to the contrary herein, during the term of this Lease, the Landlord shall not transfer, encumber or otherwise dispose of the Fee Estate or the Property Premises or any interest therein without the prior written consent of the Tenant, Investor Guarantor (until the Guaranty Date), the Limited Partner, Partners and the Permitted Leasehold Mortgagees and Administrative Limited PartnerMortgagee.
Appears in 1 contract
Sources: Ground Lease
Limits on Transfers. Subject to the provisions of this Lease, Tenant hereby acknowledges that Landlord has entered into this Lease because of Tenant’s financial strength, goodwill, ability and expertise, and that, accordingly, this Lease is one which is personal to Tenant, and ▇▇▇▇▇▇ agrees for itself and its successor and assigns in interest hereunder that it shall will not, other than by the terms of the Permitted Leasehold Mortgages Mortgage and leases made in accordance with Section 21.17 herein: , (a) assign this Lease or any of its rights under this Lease as to all or any portion of the PropertyPremises, the Units, the rest of the Improvements, the Equipment or the Property generally, or (b) make or permit any voluntary total or partial sale, lease, assignment, conveyance, mortgage, pledge, encumbrance or other transfer as to of any or all of the Premises, the Units, the rest of the Improvements, the Equipment or any portion of the Property or the occupancy or use thereof, other than in accordance with LIHTC/Bond/Additional LIHTC Housing Requirements and this Lease (each of which is hereinafter referred to as a “Transfer”) without first obtaining Landlord’s, Permitted Leasehold Mortgagee’s, and Investor Limited Partner’s express written consent thereto by an instrument which makes specific reference to this paragraph 14.1 and is executed by Landlord (which consent will not be unreasonably withheld, delayed or conditioned) and by Investor Limited Partner, and the Permitted Leasehold Mortgagee). Further, notwithstanding anything to the contrary herein, the Landlord shall not transfer, encumber or otherwise dispose of the Fee Estate or the Property or any interest therein without the prior written consent of the Tenant, the Investor Limited PartnerMembers, the Permitted Leasehold Mortgagees Mortgagee and Administrative Limited PartnerSpecial Member.
Appears in 1 contract
Sources: Ground Lease