Common use of Consent Clause in Contracts

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below.

Appears in 182 contracts

Sources: Loan Agreement Cum Deed of Assignment and Power of Attorney, Facility Agreement, Proclamation of Sale

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written writ ten notice thereof subject to Clause 11.c below.

Appears in 43 contracts

Sources: Facility Agreement, Facilities Agreement, Facilities Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned above mentioned approval or consent or confirmation can be obtained but in the event of:- (i) of:- - Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) or - Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below.

Appears in 12 contracts

Sources: Conditions of Sale, Conditions of Sale, Conditions of Sale

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below. - Restriction In interest f. In the event there is any restriction in interest on the Property it is the duty of the Purchaser to comply with the restriction in interest and ensure that the sale is completed on or before the Completion Date subject to other provisions in these Conditions of Sale. - Foreign Citizen / Company g. In the event the Purchaser is a foreign citizen or foreign company, the sale is subject to the Purchaser applying and obtaining at his/her/its own costs the unconditional consent of Economic Planning Unit (if any) and/or relevant State Authorities to the said sale on or before the Completion Date.

Appears in 8 contracts

Sources: Facilities Agreement, Property Sale Agreement, Facility Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in i n the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below.

Appears in 5 contracts

Sources: Loan Agreement, Facilities Agreement, Property Sale Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written writ ten notice thereof subject to Clause 11.c below. - Restriction In interest f. In the event there is any restriction in interest on the Property it is the duty of the Purchaser to comply with the restriction in interest and ensure that the sale is completed on or before the Completion Date subject to other provisions in these Conditions of Sale. - Foreign Citizen / Company g. In the event the Purchaser is a foreign citizen or foreign company, the sale is subject to the Purchaser applying and obtaining at his/her/its own costs the unconditional consent of Economic Planning Unit (if any) and/or relevant State Authorities to the said sale on or before the Completion Date.

Appears in 5 contracts

Sources: Facilities Agreement, Facilities Agreement and Deed of Assignment, Facility Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below. - Restriction In Interest f. In the event there is any restriction in interest on the Property it is the duty of the Purchaser to comply with the restriction in interest and ensure that the sale is completed on or before the Completion Date subject to other provisions in these Conditions of Sale. - Foreign Citizen / Company g. In the event the Purchaser is a foreign citizen or foreign company, the sale is subject to the Purchaser applying and obtaining at his/her/its own costs the unconditional consent of Economic Planning Unit (if any) and/or relevant State Authorities to the said sale on or before the Completion Date.

Appears in 2 contracts

Sources: Facilities Agreement, Loan Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or o r consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies b odies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies b odies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant rel evant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below.

Appears in 1 contract

Sources: Facilities Agreement

Consent. Application a. first been duly executed by the relevant persons and delivered to the Assignee/Bank’s solicitors for the Assignee/Bank’s or the Assignee/Bank’s solicitors further action. The Property is sold subject Purchaser shall be absolutely responsible for and shall be solely and absolutely liable for all fees, costs and expenses in connection with the preparation , stamping and registration of the memorandum of transfer in favour of the Assignor as transferee(including and not limited to the payment of any moneys payable or owing to the Developer and/or the relevant authorities and/or bodies). The executed memorandum of transfer in favour of Assignor as transferee shall only be delivered to the Purchaser at own costs of the Purchaser’s solicitors upon full payment of the Balance Purchase Price in accordance with the provision of Clause 7.9 above and expenses applying for the approval or consent or confirmation (if all other moneys(if any) required from payable by the Developer Purchaser in accordance with the terms and conditions contained herein there Conditions of Sale the Assignee/Bank’s Solicitors, the Auctioneer and their respective servants or agents do not in any way, form or manner make any representation or warranty whatsoever in respect of any of the aforesaid matters and shall not in any way be responsible or liable to the Purchaser for any of the same (including but not limited to any delay that may arise in the delivery to the Purchaser or the Purchaser’s solicitors the Memorandum of transfer in favour of the Assignor as transferee and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property Memorandum of Transfer in favour of the Purchaser within thirty (30) days or such extended period as allowed by transferee. 12.1 It shall be the Assignee responsibility of the Purchaser to apply for consent from the date Developer, the Proprietor/Landowner and/or other relevant authorities (if any) in respect of successful sale whereby the sale, assignment and/or transfer of the property to the Purchaser shall forward a copy (“The Consent”). All fees charges and expenses including the administrative fees and/or legal fees in connection with or incidental to the application and/or endorsement of the application letter for assignment and/or transfer of the said approval or consent or confirmation duly acknowledged receipt property by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. 12.2 The Purchaser undertakes shall forward or caused to be forwarded to the Solicitors for MBSB BANK BERHAD a copy of each of the applications referred to in paragraph 10.1 above and a copy each of the approvals and/or consents when obtained and keep the Assignee or the Assignee’s Solicitors for MBSB BANK BERHAD informed at all times time the status of the development applications and progress of such application for approval or consent or confirmation and the Purchaser and/or his/her solicitor shall forward a copy of fulfill all the approval or consent or confirmation granted subject to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given conditions imposed by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in Developer. 12.3 In the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies authorities shall be granted subject to conditions which are not acceptable to the Assignee MBSB BANK BERHAD, then the Assignee is absolutely MBSB BANK BERHAD shall be entitled to terminate the sale in its absolute discretion whereupon the sale shall be terminated and MBSB BANK BERHAD shall refund all monies paid by the Purchaser towards the account of the Property at its discretion Purchase Price free from interest less the costs and fees incurred by giving MBSB BANK BERHAD in connection with or in relation to the sale herein and the Purchaser written notice thereof subject shall not be entitled to Clause 11.c belowany claims and demands whatsoever against MBSB BANK BERHAD, the Solicitors, the Auctioneers or any party/parties on account thereof.

Appears in 1 contract

Sources: Loan Agreement

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below.

Appears in 1 contract

Sources: Facilities Agreement

Consent. Application a. (a) Under Section 7.3 of the Agreement, Borrower is prohibited from acquiring all or substantially all of the assets of another Person if, among other things, the acquisition cost exceeds Two Hundred Fifty Thousand Dollars ($250,000). Borrower desires to acquire substantially all of the ownership interests of Exony Limited (“Seller”) for an amount in excess of $250,000 under the terms of a Shareholder Purchase Agreement between Borrower and Seller (the “Purchase Agreement”). The Property is sold subject transactions described in the Purchase Agreement are referred to as the “Transaction”. Borrower has requested that Bank consent to the Purchaser at own costs Transaction and expenses applying for waive any Event of Default which would arise under the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour Agreement as a result of the Purchaser within thirty Transaction. (30b) days or such extended period Bank hereby consents to the Transaction and waives any Event of Default which would arise under the Agreement as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy result of the application letter for Transaction so long as (1) it is consummated in accordance with the said approval terms of the Purchase Agreement previously provided by Borrower to Bank and (2) no default or consent or confirmation duly acknowledged receipt by Event of Default has occurred under any of the Developer and/or Proprietor and/or State Authorities and/or relevant bodies Loan Documents prior to the Assignee’s Solicitors and obtain consummation of the said approval Transaction or consent or confirmation on or before the Completion Datewould result after giving effect thereto. b. The Purchaser is (c) Except as specifically set forth herein, this consent shall not be deemed to comply with all amend or alter in any respect the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval Agreement or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval other Loan Documents, or to constitute a waiver or release by Bank of any right, remedy, Collateral, default or Event of Default under the Agreement or any of the other Loan Documents, except to the extent specifically set forth herein. This consent shall not act as a consent to any other transaction, act or confirmation can be obtained but omission, whether related or unrelated thereto and shall not extend to or affect any obligation, covenant or agreement not expressly consented hereto. Furthermore, this consent shall not affect in any manner whatsoever any rights or remedies of Bank with respect to any other non-compliance by Borrower with the Agreement or the other Loan Documents, whether in the event of:- (i) Any nature of the approval a default or consent Event of Default, and whether now in existence or confirmation subsequently arising, and shall not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable apply to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c belowtransaction.

Appears in 1 contract

Sources: Loan and Security Agreement (EGAIN Corp)

Consent. Application a. The Property is sold subject to the Purchaser at own costs and expenses applying for the approval or consent or confirmation (if any) required from the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to transfer or assign the Property in favour of the Purchaser within thirty (30) days or such extended period as allowed by the Assignee from the date of successful sale whereby the Purchaser shall forward a copy of the application letter for the said approval or consent or confirmation duly acknowledged receipt by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies to the Assignee’s Solicitors and obtain the said approval or consent or confirmation on or before the Completion Date. b. The Purchaser is to comply with all the terms and conditions as imposed by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies as the case may be in granting the said approval or consent or confirmation to transfer or assign the Property to the Purchaser on or before the Completion Date or such period as may be specified by the Developer and/or Proprietor and/or State Authorities and/or relevant bodies whichever is the earlier. c. All sums or dues whatsoever owing to the Developer and/or Proprietor and/or State Authorities and/or relevant bodies and all fees, charges and expenses in connection with incidental to or pursuant to the said application for approval or consent or confirmation shall be solely borne and paid by the Purchaser. d. The Purchaser undertakes to keep the Assignee or the Assignee’s Solicitors informed at all times of the development and progress of such application for approval or consent or confirmation and shall forward a copy of the approval or consent or confirmation to the Assignee’s Solicitors immediately within seven (7) days upon receipt of the same. - No Consent e. No warranty is given by the Assignee that any of the abovementioned approval or consent or confirmation can be obtained but in the event of:- (i) Any of the approval or consent or confirmation not being obtained from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies for reasons not attributable to any act of default or omission by the Purchaser on or before the Completion Date; or (ii) Any of the approval or consent or confirmation from the Developer and/or Proprietor and/or State Authorities and/or other relevant bodies shall be subject to conditions which are not acceptable to the Assignee then the Assignee is absolutely entitled to terminate the sale of the Property at its discretion by giving the Purchaser written notice thereof subject to Clause 11.c below. - Restriction In Interest f. In the event there is any restriction in interest on the Property it is the duty of the Purchaser to comply with the restriction in interest and ensure that the sale is completed on or before the Completion Date subject to other provisions in these Conditions of Sale. - Foreign Citizen / Company g. In the event the Purchaser is a foreign citizen or foreign company, the sale is subject to the Purchaser applying and obtaining at his/her/its own costs the unconditional consent of the Foreign Investment Committee (if any) and/or relevant State Authorities to the said sale on or before the Completion Date.

Appears in 1 contract

Sources: Loan Agreement