Consent Agreement Sample Clauses

Consent Agreement. Testing (the “Testing”) has been performed at the Property with respect to lead-based paint. Law Engineering and Environmental Services, Inc. performed the Testing and reported its findings in the Multifamily: Component Type Report dated November 11, 2002, a copy of which has been provided to Purchaser (the “Report”). The Report certifies the Property as lead-based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Report, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, and acknowledges receipt of that certain Consent Agreement (the “Consent Agreement”) by and among the United States Environmental Protection Agency (executed December 19, 2001), the United States Department of Housing and Urban Development (executed January 2, 2002), and AIMCO (executed December 18, 2001). Because the Property has been certified as lead-based paint free, Seller is not required under the Consent Agreement to remediate or abate any lead-based paint condition at the Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) that Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.
Consent Agreement. Pre-1978 Certified . The provisions of this Section 15.3 apply to those Properties identified on the Seller Information Schedule as “Pre-1978-Certified.” Testing has been performed at each Property identified as “Pre-1978, Certified” with respect to lead-based paint. The “LBP Consultant” identified on the Seller Information Schedule prepared the Report with respect to the Property identified therein. A copy of each report will be provided to Purchaser with the Materials. Each Report certifies the respective Property as lead based paint free. By execution hereof, Purchaser acknowledges receipt of a copy of the Reports, the Lead-Based Paint Disclosure Statement attached hereto as Exhibit H, and acknowledges receipt of the Consent Agreement. Because the applicable Property has been certified as lead based paint free, the applicable Seller is not required under the Consent Agreement to remediate or abate any lead-based paint condition at its Property prior to the Closing. Purchaser acknowledges and agrees that (1) after Closing, Purchaser and the applicable Property shall be subject to the Consent Agreement and the provisions contained herein related thereto and (2) Purchaser shall not be deemed to be a third party beneficiary to the Consent Agreement.
Consent Agreement. Pre-1978 – Not Certified . The provisions of this Section 15.2 apply to those properties identified on the Seller Information Schedule as “Pre 1978, Not Certified.” Using reasonable and customary efforts, the applicable Seller shall (a) perform any testing (the “Testing”) required at its Property with respect to lead-based paint in accordance with the requirements of the Consent Agreement (the “Consent Agreement”) by and among the United States Environmental Protection Agency (executed December 19, 2001), the United States Department of Housing and Urban Development (executed January 2, 2002), and AIMCO (executed December 18, 2001), and (b) if required under the Consent Agreement, as determined by such Seller and its counsel in their sole and absolute discretion, remediate or abate (the “Remediation”) any lead-based paint condition at such Property prior to the Closing using reasonable and customary efforts. In the event that such Seller does not complete such Testing or Remediation, if any is required under the Consent Agreement, prior to the Closing, such Seller shall initiate, continue or complete such Testing or Remediation, if any is required under the Consent Agreement, promptly after Closing. Purchaser shall provide such Seller with full and unimpeded access to its Property, including, without limitation, access to all units located thereon, for the purposes of completing such Testing or Remediation, if any is required under the Consent Agreement, and Purchaser shall fully cooperate with such Seller regarding, and allow such Seller to perform, such Testing or Remediation, if any is required under the Consent Agreement, as determined by such Seller and its counsel in their sole and absolute discretion, including, without limitation, allowing any alterations to such Property, to comply with the Consent Agreement, until such time as such Testing or Remediation, if any is required under the Consent Agreement, has been completed. Seller shall provide 24 hoursnotice to Purchaser in the event that access to a unit is required to perform such Testing or Remediation, if any is required under the Consent Agreement; provided, however, such Seller’s obligations hereunder after Closing shall be contingent on Purchaser’s compliance herewith, and such Seller shall be relieved of all liability and obligations regarding such Testing or Remediation or otherwise under the Consent Agreement, if any is required under the Consent Agreement, as a result of any failure b...
Consent Agreement. Parent has provided to the Company a true and correct copy of the proposed consent agreement (the “Proposed Consent Agreement ”) currently under discussion between Parent and the staff of the United States Federal Trade Commission (the “ FTC”).
Consent Agreement. The Company acknowledges and agrees to be bound by and comply with the provisions of Section 5.2 of the Consent Agreement with respect to transfers of record ownership of shares of the Company Capital Stock held by parties to the Consent Agreement and agrees to provide such documentation and use its commercially reasonable efforts to do such other things to effectuate the provisions of such Consent Agreement.
Consent Agreement. Consent agreement approval of satisfaction required under this lease may be withheld by the sole discretion of the party from whom such consent, approval, or satisfaction is required unless this lease specifically states that a different standard shall be applied.
Consent Agreement. A consent agreement with PNC Bank, National Association, relating to the pledge of stock of Fulton Funding, Inc. and the grant of a security interest in the receivables of JLG, The Gradall Company and The Gradall Orrville Company in form and substance acceptable to Administrative Agent and JLG.
Consent Agreement. The Consent Agreement (as defined below) constitutes a legal, valid and binding obligation of each Seller, enforceable against such Seller in accordance with its terms, and is in full force and effect with respect to each such Seller, and, following execution of this Agreement, will continue to constitute a legal, valid and binding obligation of each Seller, enforceable against such Seller in accordance with its terms. To such Seller's knowledge, no party to the Consent Agreement is in breach or default thereof and no event has occurred that with notice or lapse of time would constitute a breach or default, or permit termination or modification of the Consent Agreement. Such Seller has not received written notice from any party to the Consent Agreement that such party has repudiated any provision thereof. Upon consummation of the transactions contemplated by the Purchase Agreement, the Purchaser shall be deemed a "Transferee" (as defined in the Consent Agreement) under Section 8 of the Consent Agreement. Each Seller shall take such requisite actions to support any of the Company's obligations under Section 8 of the Consent Agreement with regard to the election of the Purchaser's designee to the Company's Board of Directors.