Transfer or Encumbrance of the Property. Trustor shall comply in all --------------------------------------- respects with the provisions of the Loan Agreement prohibiting (a) the sale, transfer, assignment or encumbrance of the Property, and (b) any change in ownership or control of Borrower as defined in the Loan Agreement, which are incorporated herein as if set forth in full.
Transfer or Encumbrance of the Property. Grantor shall not permit or suffer to occur any sale, assignment, conveyance, transfer, mortgage, lease or encumbrance of the Property, any part thereof, or any interest therein in violation of the Debt Instruments.
Transfer or Encumbrance of the Property. (a) Grantor acknowledges that Beneficiary has examined and relied on the creditworthiness and experience of Grantor and its general partner, managing member, limited partners, members and beneficial owners, as applicable, in owning and operating properties such as the Property in agreeing to make the loan secured by this Deed of Trust, and that Beneficiary will continue to rely on Grantor’s ownership of the Property as a means of maintaining the value of the Property as security for repayment of the Debt. Grantor acknowledges that Beneficiary has a valid interest in maintaining the value of the Property so as to ensure that, should Grantor default in the repayment of the Debt, Beneficiary can recover the Debt by a sale of the Property. Grantor shall not, without the prior written consent of Beneficiary, directly or indirectly, sell, convey, alienate, mortgage, encumber, pledge or otherwise transfer all or any part of the Property, or permit all or any part of the Property to be sold, conveyed, alienated, mortgaged, encumbered, pledged or otherwise transferred.
Transfer or Encumbrance of the Property. (a) Trustor acknowledges that Beneficiary has examined and relied on the creditworthiness and experience of Trustor in owning and operating the Property in agreeing to make the Loan, and that Beneficiary will continue to rely on Trustor's ownership of the Property as a means of maintaining the value of the Property as security for repayment of the Indebtedness. Trustor acknowledges that Beneficiary has a valid interest in maintaining the value of the Property so as to ensure that, should Trustor default in the repayment of the Indebtedness, Beneficiary can recover the Indebtedness by a sale of the Property. Trustor shall not, without the prior written consent of Beneficiary, sell, convey, alienate, mortgage, encumber, pledge or otherwise transfer the Property or any part thereof, or permit the Property or any part thereof to be sold, conveyed, alienated, mortgaged, encumbered, pledged or otherwise transferred.
Transfer or Encumbrance of the Property. (a) Borrower acknowledges that (i) Lender has examined and relied on the creditworthiness and experience of the principals of Borrower in owning and operating properties such as the Property in agreeing to make the Loan, (ii) Lender will continue to rely on Borrower’s ownership of the Property as a means of maintaining the value of the Property as security for the Debt, and (iii) Lender has a valid interest in maintaining the value of the Property so as to ensure that, should Borrower default in the repayment of the Debt, Xxxxxx can recover the Debt by a sale of the Property. Borrower shall not sell, convey, alienate, mortgage, encumber, pledge or otherwise transfer the Property or any part thereof, or suffer or permit any Transfer to occur, other than a Permitted Transfer or as otherwise expressly permitted under the Loan Documents.
Transfer or Encumbrance of the Property. (a) Except as otherwise provided in Sections 6.4(b) and (c) hereof, so long as the Project Loan is outstanding the Borrower shall not, without the prior written consent of the Lender, which consent may be withheld by Lender in its sole discretion, transfer the Property or any part thereof or any interest therein, or permit the Property or any part thereof or any interest therein to be transferred.
Transfer or Encumbrance of the Property. Except as a result of the exercise by Lessee or a nominee of Lessee of any options to purchase the Property or a portion thereof contained in the Lease, or at the request of Agent or the Majority Holders after the occurrence of an Event of Default, Trustee will not, directly or indirectly, voluntarily or by operation of Law, sell, convey, transfer, assign, encumber, pledge, lease, rezone, or permit to be sold, conveyed, transferred, assigned, encumbered, pledged, leased (except for the Lease and any sublease permitted under the terms of the Lease) or rezoned, or otherwise dispose of, any interest in all or any part of the Property without Agent's prior written approval, which approval may be withheld for any reason in the sole and absolute discretion of Agent. So long as the Lease remains in effect, any transaction by Trustee with respect to the Property approved by Agent shall be made expressly subject to the rights of Lessee under the Lease, including Lessee's purchase options thereunder. Notwithstanding the foregoing, Agent agrees to execute such instruments or documents as Lessee may request in connection with the granting of easements or other such interests affecting the Property under those circumstances where the Lessee is permitted to grant such rights pursuant to the Lease and after Lessee has satisfied all requirements of the Lease with respect to such matters. In no event shall Agent be obligated to grant any recognition, non-disturbance or other rights to any subtenant of Lessee under the Lease that would survive termination or expiration of the Lease. The Trustee shall not voluntarily create or grant any Lien upon any portion of the Property other than in accordance with the terms of the Transaction Documents.
Transfer or Encumbrance of the Property. (a) Borrower acknowledges that Lender has examined and relied on the creditworthiness and experience of Borrower in owning and operating properties such as the Property in agreeing to make the loan secured hereby, and that Lender will continue to rely on Borrower’s ownership of the Property as a means of maintaining the value of the Property as security for repayment of the Debt. Borrower acknowledges that Lender has a valid interest in maintaining the value of the Property so as to ensure that, should Borrower default in the repayment of the Debt, Lender can recover the Debt by a sale of the Property. Subject to the provisions of subsection 12(b) below, without the prior written consent of Lender:
Transfer or Encumbrance of the Property. (a) Except as permitted under the terms and provisions of the Loan Agreement, Mortgagor shall not, without the prior written consent of Mortgagee, sell, convey, alienate, mortgage, encumber, pledge or otherwise transfer the Property or any part thereof, or permit the Property or any part thereof to be sold, conveyed, alienated, mortgaged, encumbered, pledged or otherwise transferred other than in connection with a release of the Property pursuant to Section 2.4 of the Loan Agreement.
Transfer or Encumbrance of the Property. (a) Borrower acknowledges that Xxxxxx has examined and relied on the creditworthiness of Xxxxxxxx and the experience of Borrower in owning properties such as the Property in agreeing to make the loan secured hereby, and that Xxxxxx will continue to rely on Xxxxxxxx's ownership of the Property as a means of maintaining the value of the Property as security for repayment of the Debt. Borrower acknowledges that Xxxxxx has a valid interest in maintaining the value of the Property so as to ensure that, should Borrower default in the repayment of the Debt, Xxxxxx can recover the Debt by a sale of the Property. Except as otherwise provided in subparagraph 9(c) hereof, Borrower shall not sell, convey, alien, mortgage, encumber, pledge or otherwise transfer the Property or any part thereof, or permit the Property or any part thereof to be sold, conveyed, aliened, mortgaged, encumbered, pledged or otherwise transferred.
