Property Disposition. Lessor shall not sell, lease, transfer or otherwise dispose of its right, title and interest in the Property and the Operative Documents except as provided in Subparagraph 2.11(b) or Subparagraph 7.05(d) or after retaining the Property following the Expiration Date.
Property Disposition. Any sale or other disposition of Secured Property or REO shall be carried out by the Investor at such price and upon such terms and conditions as the Investor shall determine. The Investor shall be responsible for issuance of any foreclosure bidding instructions. Any final proceeds from the sale or other disposition of the Secured Property or REO shall be deposited in an account designated by Owner and distributed to the Investor, net of any funds owed under this Agreement, pursuant to the terms outlined in Paragraph 4 of this Agreement. The Investor shall be responsible for the expenses of such sale or other disposition and all Standard Expenses, including amounts owed to third parties as a result of a Foreclosure Sale, or as otherwise owed under applicable law.
Property Disposition. 2.11.1 The Cimarron Trustee may, at any time, seek the approval of the United States, NRC (with respect to the Cimarron License), and the State of Oklahoma for the sale or lease or other disposition of all or part of the Cimarron Site. Subject to the approval of NRC and the State of Oklahoma, the Cimarron Trustee may propose a sale, lease, or disposition of the Cimarron Site that includes funding from, or the retention of some portion of liability by, the respective Cimarron Trust Environmental Cost Account and/or the Cimarron Trust Administrative Account, provided that the net effect of any proposed sale, lease or disposition is to lessen the total financial obligations and liabilities as would otherwise be incurred in the absence of any such sale, lease, or disposition. In the event of any approved sale or lease or other disposition under this Paragraph, any net proceeds from the sale or lease or other disposition shall be paid to the Cimarron Trust Environmental Cost Accounts for the Cimarron Site and/or the Cimarron Trust Administrative Account in a proportion approved by NRC and the State of Oklahoma in writing.
Property Disposition. The Parties do not anticipate having to dispose of any property upon partial or complete termination of this Agreement. However, to the extent that such disposition is necessary, property shall be returned to its original owner.
Property Disposition. Real or personal property purchased in whole or in part with CDBG funds shall not be disposed through sale, use, or location without the written permission of the City and/or HUD as applicable. The proceeds from the disposition of real property will be considered Program Income and subject to 24 CFR §570.504(c).
Property Disposition. 2.11.1 The Environmental Trustee may, at any time, seek the approval of the Lead and Non-Lead Agencies for the sale or lease or other disposition of all or part of the Environmental Trust Assets (including but not limited to real property constituting the DPH Sites and personal property associated therewith). Subject to the approval of the Lead and Non-Lead Agency for a particular DPH Site, the Environmental Trustee may propose a sale, lease, or disposition of that DPH Site that includes funding from the respective Environmental Trust Environmental Cost Account and/or the Environmental Trust Administrative Account, provided that the net effect of any proposed sale, lease or disposition is to lessen the total financial obligations and liabilities as would otherwise be incurred in the absence of any such sale, lease, or disposition.
Property Disposition. 2.15.1 The United States, the State in which a Property is located (or the Tribe in the case of the Massena Property), or a governmental unit that is a designee thereof, may at any time propose in writing to take ownership of any of the Properties or any part thereof. Any such proposed transfer and the terms thereof are subject to the notice to and consultation with the United States, the State or Tribe in whose jurisdiction the Property is located, and the affected communities. Any Property owned by the Environmental Response Trust may be sold or transferred by the Administrative Trustee after the Administrative Trustee provides notice to and consults with the United States and the applicable State or Tribe, and affected communities where the Property is located. Any sale or other disposition of a Property owned by the Environmental Response Trust shall be consistent with the provisions of Paragraphs 64 through 67 and 69 through 75 of the Settlement Agreement.
Property Disposition. 2.13.1 Subject to Section 2.12.2 of this Agreement, the United States, the State in which a Transferred Real Property is located, or a governmental unit that is a designee thereof, may at any time propose in writing to take ownership of any of the Transferred Real Properties or any part thereof. Any such proposed transfer and the terms thereof are subject to approval in writing by USEPA, DOI and DOC/NOAA as applicable, and the State in which the Transferred Real Property is located. The Environmental Custodial Trust Trustee may at any time seek the approval of USEPA, DOI and DOC/NOAA as applicable, and the applicable State for the sale or lease or other disposition of all or part of a Transferred Real Property. In the event of any approved sale or lease or other disposition under this Paragraph, any net proceeds from the sale or lease or other disposition shall be paid to the Custodial Trust Environmental Cost Account for that Transferred Real Property (subject to the provisions of Sections 2.7.3 and 2.7.4) in a proportion approved by USEPA, DOI and DOC/NOAA as applicable, and the State in writing. With the prior written approval of USEPA, DOI and DOC/NOAA as applicable, and the applicable State, the Environmental Custodial Trust may, after the sale or lease of all or part of a Transferred Real Property to a third party pursuant to this Section, continue to conduct, manage, and/or fund Environmental Actions, and pay oversight costs, with respect to that property.
Property Disposition. It is not expected that the Non-profit subgrantee will make purchases of property or services related to the implementation of this Agreement. Should such purchases be made, they will remain the property of the Non-profit subgrantee until such time as they are no longer needed. At such time, the Non-profit subgrantee will inquire of the City as to the appropriate disposition of such property.
Property Disposition. The TCEQ or the United States, may at any time propose in writing to take ownership of any of the Designated Properties transferred to the Texas Custodial Trust or any part thereof. Any such proposed transfer and the terms thereof are subject to the consent of the TCEQ and the United States. The Custodial Trustee shall obtain the approval of TCEQ and the United States for the sale or lease or other disposition of all or part of the Designated Properties prior to any such sale, lease, or other disposition. With the prior approval of the TCEQ and the United States, the Custodial Trustee may sell or lease all or part of the Designated Properties prior to completion of the Environmental Actions at such Designated Properties if such sale or lease does not limit or impede Environmental Actions necessary to address the Designated Properties or Sites. In the event of any approved sale or lease or other disposition under this Paragraph, any net proceeds from the sale or lease or other disposition shall be paid to the Texas Custodial Trust. No sale of the El Paso Designated Property shall take place out of the bankruptcy estate. Any sale of such property shall only take place after the El Paso Designated Property has been transferred to the Texas Custodial Trust in accordance with the terms of this agreement. The following is included in this Agreement at the sole request and direction of the TCEQ: Prior to the TCEQ or the United States taking ownership of any portion of the El Paso Smelter Site, the Custodial Trustee shall provide the City of El Paso the opportunity to propose its own plan regarding disposition of the El Paso Smelter Site to the Custodial Trustee, the TCEQ, and the United States, which may include private or public entities taking ownership and completing remediation of such Designated Property.
