Control of Tenant. (n) Clearfield has the right, but not the obligation, to require the Tenant’s parent company to transfer 100% of the shares or membership interests of the Tenant to Clearfield at no cost to Clearfield (other than the nominal value of the shares or membership interests provided in the Tenant’s formation documents).
Control of Tenant. 31 ARTICLE 25.
Control of Tenant. Section 24.01. If Tenant hereunder is a corporation (other than a corporation whose shares are regularly and publicly traded on a duly recognized stock exchange), Tenant represents that ownership and power to vote its entire outstanding capital stock is vested in the officers executing this Lease or the members of their immediate families. If there shall be any change in the ownership of and/or power to vote the majority of said outstanding capital stock, without the prior written consent of Landlord, then, and in such event, Landlord shall have the option to terminate this Lease upon not less than thirty (30) days notice to Tenant.
Control of Tenant. If Tenant is a corporation, and if at any time during ----------------- the Term the persons, firms or corporations who own a majority of its shares at the time of execution of this Lease cease to own such shares and such succession shall not first have been approved in writing by Landlord, then such succession shall, at the option of Landlord, be deemed a default by Tenant under this Lease. If Tenant is a limited partnership, and if at any time during the terms of this Lease any person, from a corporation, who, at the date hereof, is a general partner thereof ceases to be such a general partner and such succession shall not first have been approved in writing by Xxxxxxxx, then such succession shall, at the option of Landlord, be deemed a default by Tenant under this Lease.
Control of Tenant. Tenant represents and warrants to Landlord that upon the execution of this Lease and further covenants that at all times thereafter and during the Term of this Lease (including any Extension Terms), it is and shall be a special purpose entity formed under the Laws of the State of Georgia exclusively for the purpose of owning and operating a hospital and other purposes incidental or ancillary thereto located on the Premises. Tenant further represents and warrants to Landlord that its initial members (the “Initial Members”) are RehabCare Hospital Holdings, L.L.C., a Delaware limited liability company (“RHH”), owning a 80% membership interest in Tenant, and Fxxxx Healthcare Resources, Inc., a Georgia not-for-profit corporation (“Fxxxx”), owning a 20% membership in Tenant. Tenant represents, warrants and covenants to Landlord that except in the event of a Permitted Transfer of this Lease or assignment of an Initial Member’s interest in Tenant under Section 20 hereof, then throughout the Term of this Lease, including any Extension Terms, one or both of the Initial Members and/or any Affiliate of the Initial Members, shall collectively own and Control 100% of the membership interests in Tenant.
Control of Tenant. If the Tenant is a corporation or other limited liability entity, to provide to the Landlord prior to the execution of this Lease, and thereafter on demand, a list containing the following information:
Control of Tenant. If Tenant is a corporation, other limited liability entity or partnership and if at any time during the Lease Term the person(s) who, at the time of the execution of this Lease, own(s) a majority of such corporation’s shares, the general partners’ interests in such partnership or membership interests in the limited liability company, as the case may be, cease(s) to own a majority of such shares, general partners’ or membership interests, as the case may be (including as the result of transfers by phantom stock or stapled stock but expressly excluding transfers by bequest or inheritance). Tenant shall so notify Landlord and Landlord may terminate this Lease by notice to Tenant given within ninety (90) days thereafter or within or within ninety (90) days after Landlord shall have received other notice thereof.
Control of Tenant. If the Tenant is a corporation or other limited liability entity, simultaneously with execution of this Lease, the principal shareholders or owners, as the case may be, of the Tenant or such other parent company entities as are required by Landlord, shall execute a Guaranty of Lease, in the form attached hereto as Exhibit D, in which the principals, as guarantors, shall jointly and severally, personally guaranty the obligations of the Tenant under this Lease.
Control of Tenant. If the Tenant is a corporation (other than one whose shares are regularly and publicly traded on a recognized stock exchange), partnership or other entity other than an individual, Tenant represents that the ownership and power to vote the majority of its entire outstanding capital stock or other controlling interest (collectively "Controlling Interest") belongs to and is vested in the person(s) executing this Lease or members of his or their immediate family.
Control of Tenant. Tenant represents and warrants to Landlord that upon the execution of this Lease and further covenants that at all times thereafter and during the Term of this Lease (including any Extension Terms), it is and shall be a special purpose entity formed under the Laws of the State of Texas exclusively for the purpose of owning and operating a hospital and other purposes incidental or ancillary thereto located on the Leased Property. Tenant further represents and warrants to Landlord that its initial members (the “Initial Members”) are Seton Healthcare f/k/a Daughters of Charity Health Services of Austin, a Texas non-profit corporation, and RehabCare Hospital Holdings, L.L.C., a Delaware limited liability company. Tenant represents, warrants and covenants to Landlord that except in the event of a Permitted Transfer of this Lease or assignment of an Initial Member’s interest in Tenant under Section 20 hereof, then throughout the Term of this Lease, including any Extension Terms, one or both of the Initial Members and/or any Affiliate of the Initial Members, shall collectively own and Control 100% of the membership interests in Tenant.
