Common use of Effect of Permitted Transfer or other Assignment by BNPPLC Clause in Contracts

Effect of Permitted Transfer or other Assignment by BNPPLC. If by a Permitted Transfer BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s obligations under this Lease and under the other Operative Documents, then BNPPLC will thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Construction Agreement), and NAI must look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 3 contracts

Samples: Participation Agreement (Network Appliance Inc), Lease Agreement (NetApp, Inc.), Lease Agreement (NetApp, Inc.)

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Effect of Permitted Transfer or other Assignment by BNPPLC. If by a Permitted Transfer BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s obligations under this Lease and under the other Operative Documents, then BNPPLC will thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Construction Management Agreement), and NAI must look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 2 contracts

Samples: Lease Agreement (Network Appliance Inc), Participation Agreement (Network Appliance Inc)

Effect of Permitted Transfer or other Assignment by BNPPLC. If by a Permitted Transfer BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s obligations under this Lease and under the other Operative Documents, then BNPPLC will thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Construction Agreement), and NAI LRC must look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 2 contracts

Samples: Participation Agreement (Lam Research Corp), Participation Agreement (Lam Research Corp)

Effect of Permitted Transfer or other Assignment by BNPPLC. If by a Permitted Transfer BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s obligations under this Lease and under the other Operative Documents, then BNPPLC will thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Amended and Restated Lease Agreement (Building 7) – Page 39 Construction Agreement), and NAI must look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 1 contract

Samples: Lease Agreement (NetApp, Inc.)

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Effect of Permitted Transfer or other Assignment by BNPPLC. If by a Permitted Transfer BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s obligations under this Lease and under the other Operative Documents, then BNPPLC will thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Lease Agreement (Building 9) – Page 39 Construction Agreement), and NAI must look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 1 contract

Samples: Lease Agreement (NetApp, Inc.)

Effect of Permitted Transfer or other Assignment by BNPPLC. If If, by a Permitted Transfer Transfer, BNPPLC sells or otherwise transfers the Property and assigns to the transferee all of BNPPLC’s 's rights under this Lease and under the other Operative Documents, and if the transferee expressly assumes all of BNPPLC’s 's obligations under this Lease and under the other Operative Documents, then BNPPLC will shall thereby be released from any obligations arising after such assumption under this Lease or under the other Operative Documents (other than any liability for a breach of any continuing obligation to provide Construction Advances under the Construction Management Agreement), and NAI must Specialty Laboratories shall look solely to each successor in interest of BNPPLC for performance of such obligations.

Appears in 1 contract

Samples: Iii Lease Agreement (Specialty Laboratories)

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