Common use of Consent in Contemplation of Transfer Clause in Contracts

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Guarantee by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligor, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any the Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Program Debt Guarantee by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee the Guaranty Agreement by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) the Parent, (iii) any Subsidiary or any other Affiliate of the Company or the Parent or (iiiiv) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging merger with any Obligor the Company, the Parent and/or any of its their respective Subsidiaries or Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case ) in connection with such consent, consent shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Guarantee 17 by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either ObligorWhitestone REIT, (ii) the Company, (iii) any Subsidiary or any other Affiliate or (iiiiv) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor Whitestone REIT or the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given made pursuant to this Section 18 or any Subsidiary Guarantee 17 by a the holder of a any Note that has transferred or has agreed to transfer its such Note to (i) either Obligorthe Parent Guarantor, (ii) the Company, any Subsidiary Subsidiary, any Affiliate of the Parent Guarantor or any other Affiliate the Company or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any an Obligor and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c))Affiliates, in each case in connection with such consentconsent as a condition to such transfer, shall be void and of no force or effect except solely as to such holderholder with respect to such Note, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.transferring holder with respect to such Note. Agree Limited Partnership Note Purchase Agreement

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Guarantee Note Document by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorany Note Party, (ii) any Subsidiary or any other Affiliate of any Note Party or (iiiii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or ‑40‑ American Assets Trust, L.P. Note Purchase Agreement subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, consent shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee the Guaranty Agreement by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) the Parent, (iii) any Subsidiary or any other Affiliate of the Company or the Parent or (iiiiv) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging merger with any Obligor the Company, the Parent and/or any of its their respective Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case ) in connection with such consent, consent shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Transaction Document by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either ObligorCo-Issuer, (ii) any Subsidiary Obligor or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.6 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligora Note Party, (ii) any Subsidiary or any other Affiliate of any Note Party or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor such Note Party and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.. EQUITY ONE, INC. NOTE PURCHASE AGREEMENT

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 paragraph 11V or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(cparagraph 11C(iii) or subsequent to Section 8.7 paragraph 2 having been amended pursuant to Section 18.1(cparagraph 11C(iii)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(a)(3) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(a)(3)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.. Hercules Capital, Inc. Note Purchase Agreement

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee other Note Document by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or -42- merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee other Note Document by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Guarantee by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligor, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.. ACTIVE 58093961v3 Colliers International EMEA Xxxxx PLCColliers International Group Inc.Fifth Amendment to 2018 Note Agreement

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or The Toro Company Note Purchase Agreement merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c) or subsequent to Section 8.7 having been amended pursuant to Section 18.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder.

Consent in Contemplation of Transfer. Any consent given pursuant to this Section 18 17 or any Subsidiary Guarantee Guaranty by a holder of a Note that has transferred or has agreed to transfer its Note to (i) either Obligorthe Company, (ii) any Subsidiary or any other Affiliate or (iii) any other Person in connection with, or in anticipation of, such other Person acquiring, making a tender offer for or merging with any Obligor the Company and/or any of its Affiliates (either pursuant to a waiver under Section 18.1(c17.1(c) or subsequent to Section 8.7 8.5 having been amended pursuant to Section 18.1(c17.1(c)), in each case in connection with such consent, shall be void and of no force or effect except solely as to such holder, and any amendments effected or waivers granted or to be effected or granted that would not have been or would not be so effected or granted but for such consent (and the consents of all other holders of Notes that were acquired under the same or similar conditions) shall be void and of no force or effect except solely as to such holder. Section 17.3.