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6B (2)
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04-10-12 Packet
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6B (2)
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11/1/2012 10:36:41 AM
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3. the fact that a transfer in ownership of the Developer is, for practical <br />purposes, a transfer or disposition of the Property then owned by the <br />Developer; <br />the qualifications and identity of the Developer and its shareholders, members or partners are of <br />particular concern to the Commission. The Developer further recognizes that it is due to such <br />qualifications and identity that the Commission is entering into this Contract with the Developer and <br />in so doing is further willing to accept and rely on the obligations of the Developer for the faithful <br />performance of all undertakings and covenants. <br />B. Prohibition Against Transfer of Interest. The Developer agrees that any transactions <br />with respect to the equity of the Developer, including any increased capitalization, merger, transfer <br />or transfers of ownership of the outstanding shares of the Developer, or otherwise, which results in <br />the ownership by persons who are not presently shareholders, members or partners of the Developer <br />of 50% or more of the outstanding equity of the Developer at any time prior to the date of issuance <br />of a Certificate of Completion, will constitute a violation of this Contract unless the Commission has <br />given prior written approval to such transfer or transfers, which approval will not be unreasonably <br />withheld. <br />C. Prohibition Against Transfer of Property or Assignment of Contract. The Developer <br />represents and agrees for itself, its successors and assigns, that except for security for obtaining <br />financing needed to enable the Developer to make the improvements under this Contract, and except <br />for any other purpose authorized by this Contract, the Developer has not made or will not make prior <br />to receiving the Certificate of Completion: <br />any total or partial sale, assignment, conveyance, or lease; or <br />2. any trust or power; or <br />any transfer in any other mode or form, with respect to the Contract or the <br />Property or any part thereof, of any interest therein; or <br />4. any contract or agreement to do any of the above without prior written <br />approval of the Commission, which approval shall not be unreasonably <br />withheld. <br />This subsection does not prohibit the sale or lease of individual units in the Project. <br />D. Approval of Qualifications Prior to Transfer. The Commission may require as <br />conditions precedent to any approval of transfer or assignment any and all information regarding the <br />qualifications, financial responsibility, legal status, experience, background and any and all other <br />information it deems necessary or desirable in order to achieve and safeguard the purposes of the <br />Act, the Plan, and this Contract. <br />D <br />
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