Common use of Due on Sale and Encumbrance; Transfers of Interests Clause in Contracts

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 4 contracts

Samples: Loan Agreement (Glimcher Realty Trust), Loan Agreement (Beacon Capital Partners Inc), Loan Agreement (Glimcher Realty Trust)

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Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer Transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, by operation of law or otherwise, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 4 contracts

Samples: Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust), Loan Agreement (Americold Realty Trust)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect an ownership or beneficial interest in Borrower shall sell, transfer, convey, mortgage, grantpledge, bargain, or assign any interest in the Project or any part thereof or further encumber, pledgealienate, assign xxxxx x Xxxx or transfer xxxxx any interest, direct or indirect, other interest in the Borrower, the Property Project or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this AgreementMortgage.

Appears in 2 contracts

Samples: Loan Agreement (Griffin Land & Nurseries Inc), Loan Agreement (Cedar Income Fund LTD /Md/)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect an ownership or beneficial interest in Borrower shall sell, transfer, convey, mortgage, grantpledge, bargain, or assign any interest in the Project or any part thereof or further encumber, pledgealienate, assign xxxxx x Xxxx or transfer xxxxx any interest, direct or indirect, other interest in the Borrower, the Property Project or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth herein and in the Mortgage and this AgreementMortgage.

Appears in 2 contracts

Samples: Loan Agreement (Campus Crest Communities, Inc.), Loan Agreement (Campus Crest Communities, Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect an ownership or beneficial interest in Borrower shall sell, transfer, convey, mortgage, grantpledge, bargain, or assign any interest in the Project or any part thereof or further encumber, pledgealienate, assign gxxxx x Xxxx or transfer gxxxx any interest, direct or indirect, other interest in the Borrower, the Property Project or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this AgreementMortgage.

Appears in 2 contracts

Samples: Loan Agreement (Meredith Enterprises Inc), Loan Agreement (Winston Hotels Inc)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, except as otherwise specifically permitted pursuant to and in accordance with the terms and provisions of this Loan Agreement, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 2 contracts

Samples: Loan and Security Agreement (NNN 2003 Value Fund LLC), Loan and Security Agreement (NNN 2003 Value Fund LLC)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect an ownership or beneficial interest in Borrower shall sell, transfer, convey, mortgage, grantpledge, bargain, or assign any interest in any Project or any part thereof or further encumber, pledgealienate, assign xxxxx x Xxxx or transfer grant any interest, direct or indirect, other interest in the Borrower, the Property any Project or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this AgreementMortgages.

Appears in 2 contracts

Samples: Loan Agreement (Extra Space Storage Inc.), Loan Agreement (Extra Space Storage Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect an ownership or beneficial interest in Borrower shall sell, transfer, convey, mortgage, grantpledge, bargainor assign any interest in the Project or any part thereof (including any direct ownership interest of Borrower), or further encumber, pledgealienate, assign gxxxx x Xxxx or transfer grant any interest, direct or indirect, other interest in the Borrower, the Property Project or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this AgreementLoan Documents.

Appears in 1 contract

Samples: Loan Agreement (Columbia Equity Trust, Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, the Individual Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage Mortgages and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither no Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the any Borrower, any of the Property Individual Properties or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage Mortgages and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, any of the Property Individual Properties or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Wells Real Estate Investment Trust Inc)

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Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor Operating Tenant, nor any other Person having a direct or indirect ownership or beneficial interest in Borrower or Operating Tenant shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, Operating Tenant, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Ashford Hospitality Trust Inc)

Due on Sale and Encumbrance; Transfers of Interests. Without (a) Except as provided in Article VIII hereof, without the prior written consent of LenderLxxxxx, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this AgreementAgreement (collectively, a “Transfer”).

Appears in 1 contract

Samples: Loan Agreement (Lazydays Holdings, Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without Subject to the provisions of Article VIII hereof, without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer otherwise Transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth except as expressly permitted in the Mortgage Security Instrument and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Inland Real Estate Income Trust, Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without Subject to Section 8, without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Digital Realty Trust, Inc.)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer Transfer any interest, direct or indirect, in the Borrower, the Property or any part thereof, ; whether voluntarily or involuntarily, by operation of law or otherwise, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Americold Realty Trust)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior written consent of Lender, neither Borrower nor any other Person having a direct or indirect ownership or beneficial interest in Borrower shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign not cause or transfer any interest, direct permit a Sale or indirect, in the Borrower, Pledge of the Property or any part thereof, whether voluntarily thereof or involuntarily, any legal or beneficial interest therein nor permit a Sale or Pledge of an equity ownership interest in any Restricted Party in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement (Chesapeake Lodging Trust)

Due on Sale and Encumbrance; Transfers of Interests. Without the prior Page41 written consent of Lender, neither Borrower Borrower, Mortgagor nor any other Person having a direct or indirect ownership or beneficial interest in Borrower or Mortgagor shall sell, convey, mortgage, grant, bargain, encumber, pledge, assign or transfer any interest, direct or indirect, in the Borrower, Mortgagor, the Property or any part thereof, whether voluntarily or involuntarily, in violation of the covenants and conditions set forth in the Mortgage and this Agreement.

Appears in 1 contract

Samples: Loan Agreement

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