Common use of Additional Transfers Clause in Contracts

Additional Transfers. For purposes of this Lease, the term “Transfer” shall also include: (i) if Tenant is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of fifty-one percent (51%) or more of the partners, or transfer of fifty-one percent (51%) or more of partnership interests, within a twelve (12)-month period, or the dissolution of the partnership without immediate reconstitution thereof; (ii) if Tenant is a closely held corporation (i.e., whose stock is not publicly held and not traded through an exchange or over the counter), (A) the dissolution, merger, consolidation or other reorganization of Tenant, (B) the sale or other transfer of more than an aggregate of fifty-one percent (51%) of the voting shares of Tenant (other than to immediate family members by reason of gift or death), within a twelve (12)-month period, or (C) the sale, mortgage, hypothecation or pledge of more than an aggregate of fifty-one percent (51%) of the value of the unencumbered assets of Tenant within a twelve (12) month period; and (iii) if Tenant is a limited liability company, any cumulative transfer of more than fifty-one percent (51%) of the membership interests. In addition to those types of Transfers specified above in this Article Nine, any change to the form of tenant entity or any use of the Property by an individual or entity other than Tenant (excluding Tenant’s Customers), whether pursuant to a license or concession or otherwise, shall be deemed a Transfer requiring Landlord’s consent.

Additional Transfers. For purposes of this Lease, but subject to Section 14.8 below, the term “Transfer” shall also include: include (i) if Tenant is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of fifty-one fifty percent (5150%) or more of the partners, or transfer of fifty-one fifty percent (5150%) or more of partnership interests, within a twelve (12)-month period, or the dissolution of the partnership without immediate reconstitution thereof; , and (ii) if Tenant is a closely held corporation (i.e., whose stock is not publicly held and not traded through an exchange or over the counter), (A) the dissolution, merger, consolidation or other reorganization of Tenant, Tenant or (B) the sale or other transfer of more than an aggregate of fifty-one fifty percent (5150%) or more of the voting shares of Tenant (other than to immediate family members by reason of gift or death), within a twelve (12)-month period, or (C) the sale, mortgage, hypothecation or pledge of more than an aggregate of fifty-one fifty percent (5150%) or more of the value of the unencumbered assets of Tenant within a twelve (12) month 12)-month period; and (iii) if Tenant is . Notwithstanding the foregoing, a limited liability company, merger or consolidation of any cumulative transfer of more than fifty-one percent (51%) of the membership interests. In addition to those types of Transfers specified above in this Article Nine, any change to the form of tenant entity or any use of the Property by an individual or entity other than Tenant (excluding Tenant’s Customers), whether pursuant to a license or concession or otherwise, wholly-owned subsidiaries into Tenant shall not be deemed a Transfer requiring Landlord’s consentTransfer, provided that Tenant is the surviving entity following such transaction.

Additional Transfers. For purposes of this Lease, the term “"Transfer” " shall also include: include (i) if Tenant is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of fifty-one fifty percent (5150%) or more of the partners, or transfer of fifty-one fifty percent (5150%) or more of partnership interests, within a twelve (12)-month period, or the dissolution of the partnership without immediate reconstitution thereof; , and (ii) if Tenant is a closely held corporation (i.e., whose stock is not publicly held and not traded through an exchange or over the counter), (A) the dissolution, merger, consolidation or other reorganization of Tenant, Tenant or (B) the sale or other transfer of more than an aggregate of fifty-one fifty percent (5150%) or more of the voting shares of Tenant (other than to immediate family members by reason of gift or death), within a twelve (12)-month period, or (C) the sale, mortgage, hypothecation or pledge of more than an aggregate of fifty-one fifty percent (5150%) or more of the value of the unencumbered assets of Tenant within a twelve (12) month 12)-month period; and (iii) if . In furtherance of the foregoing, notwithstanding anything in this Lease to the contrary, Landlord acknowledges that the Original Tenant named herein is a limited liability companypublicly traded corporation which has equity interests trading on the NASDAQ stock exchange, and Landlord hereby agrees that, for so long as the named Tenant remains a publicly-traded corporation, any cumulative transfer of more than fiftyits equity interests whatsoever, including, without limitation, any sale, redemption, split, buy-one percent back, ESOP, consolidation, or by acquisition (51%in whatever form) of another entity, whether or not such transfer or transfers results in a change in control, shall not be a "Transfer" for purposes of this Lease and shall in no way require Landlord’s consent or be subject to the membership interests. In addition to those types terms of Transfers specified above in this Article Nine, any change to the form of tenant entity or any use of the Property by an individual or entity other than Tenant (excluding Tenant’s Customers), whether pursuant to a license or concession or otherwise, shall be deemed a Transfer requiring Landlord’s consent14.

Additional Transfers. For purposes of this Lease, the term “Transfer” shall also include: include (i) if Tenant is a partnership, the withdrawal or change, voluntary, involuntary or by operation of law, of fifty-one more than fifty percent (5150%) or more of the partners, or transfer of fifty-one more than fifty percent (5150%) or more of partnership interests, within a twelve (12)-month period, or the dissolution of the partnership without immediate reconstitution thereof; , and (ii) if Tenant is a closely held corporation (i.e., whose stock is not publicly held and not traded through an exchange or over the counter), (A) the dissolution, merger, consolidation or other reorganization of Tenant, subject to Section 14.8 below or (B) the sale or other transfer of more than an aggregate of fifty-one more than fifty percent (5150%) or more of the voting shares of Tenant (other than to immediate family members by reason of gift or death), within a twelve (12)-month periodperiod subject to Section 14.8 below, or (C) the sale, mortgage, hypothecation or pledge of more than an aggregate of fifty-one more than fifty percent (5150%) or more of the value of the unencumbered assets of Tenant within a twelve (1212)-month period. Notwithstanding anything to the contrary set forth in this Section 14.6 and except as set forth in item (B) month period; and (iii) of Section 14.8 below), if Tenant is a limited liability companycorporation, any cumulative so long as Tenant is publicly traded on a major over-the-counter stock exchange, the ordinary transfer of more than fifty-one percent (51%) of shares over the membership interests. In addition to those types of Transfers specified above in this Article Nine, any change to the form of tenant entity or any use of the Property by an individual or entity other than Tenant (excluding Tenant’s Customers), whether pursuant to a license or concession or otherwise, counter shall be deemed not to be a Transfer requiring Landlord’s consentfor purposes of this Section 14.6.