Assignment and Subleasing. Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Lessee shall give the Agent and Lessor written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by Lessee, nor shall Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 4 contracts
Samples: Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc), Master Agreement (Ruby Tuesday Inc)
Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except (i) to a wholly owned Subsidiary of Xxxxxx, provided that -------- Xxxxxx reaffirms its obligations under the Guaranty Agreement after giving effect thereto and (ii) as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all -------- obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 2 contracts
Samples: Master Lease Agreement (Hughes Supply Inc), Master Lease Agreement (Hughes Supply Inc)
Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 2 contracts
Samples: Master Lease Agreement (Discount Auto Parts Inc), Master Lease Agreement (Choicepoint Inc)
Assignment and Subleasing. The Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Subject to the terms and conditions of the Bond Lease, the Lessee may (i) assign its right under this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any the Leased Property, provided that (a) all obligations of the Lessee shall -------- continue in full effect as obligations of a principal and not of a guarantor or surety, as though no assignment or sublease had been made; (b) such assignment or sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such assignment or sublease shall terminate on or before the Lease Termination Date. The Lessee shall give the Agent Agent, the Lessor and Lessor the Issuer prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by the Lessee, nor shall the Lessee mortgage or pledge any interest in any the Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 1 contract
Samples: Master Lease Agreement (Jones Financial Companies Lp LLP)
Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such assignment or sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided PROVIDED that with respect to a sublease (a) all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 1 contract
Samples: Master Lease Agreement (Allete Inc)
Assignment and Subleasing. The Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to all or any portion a Subsidiary of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guarantor provided that the Guarantor acknowledges that its obligations under the Guaranty Agreement continues remain in full force and effect and (ii) the Lessee may sublease the Leased Property as set forth in the following sentence. If no Event of Default has occurred and is continuing, the Lessee may, without any consent of the Agent or any Funding Party, sublease all or any portion of any the Leased Property, provided that (a) all obligations of the Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. The Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by the Lessee, nor shall the Lessee mortgage or pledge any interest in any the Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date, and (d) the Guarantors continue to guaranty the obligations of such Lessee under the Lease. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. No Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Each Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate Subsidiary of Lessee Dollar so long as LesseeDollar's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such assignment or sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. No Lessee may not assign or sublease any of its right, title or interest in, to or under this Lease, except as set forth in the following sentencebelow. Each Lessee may (i) assign its right under this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) -------- all obligations of such Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease assignment had been made; . Each Lessee may sublet all or any portion of its interest in, to or under this Lease and all or any portion of the Leased Property provided (bi) each such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (cii) each such sublease shall terminate on or before the Lease Termination Date. Each Lessee shall give the Agent and Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by any Lessee, nor shall any Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. The Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. The Lessee may (i) assign its right under this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any the Leased Property, provided that (a) all obligations of the Lessee -------- shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no assignment or sublease had been made; (b) such assignment or sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such assignment or sublease shall terminate on or before the Lease Termination Date. The Lessee shall give the Agent and the Lessor prompt written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by the Lessee, nor shall the Lessee mortgage or pledge any interest in any the Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 1 contract
Samples: Master Lease Agreement (Jones Financial Companies Lp LLP)
Assignment and Subleasing. Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to all the Guarantor or any portion Subsidiary (including a Person that becomes a Subsidiary in connection with such assignment), without the consent of any Leased Property the Funding Parties, or to any Affiliate of Lessee so long as Lessee's guaranty pursuant other Person consented to by the Funding Parties (which consent shall not be unreasonably withheld, conditioned or delayed), provided that in each case other than an assignment to the Guarantor, the Guarantor shall have reaffirmed its obligations under the Guaranty Agreement continues in full force and effect and (ii) writing. Lessee may sublease all or any portion of the Leased Property to any Leased PropertyPerson without the consent of the Funding Parties, provided that (a) all obligations of Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) , such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; , and (c) each such sublease shall terminate on or before the Lease Termination Date. Lessee Date and (b) the Guarantor shall give have reaffirmed its obligations under the Agent and Lessor written notice of any such assignment or subleaseGuaranty in writing. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by Lessee, nor shall Lessee mortgage or pledge any interest in any the Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. Lessee may not assign any of its right, title or interest in, to or under this Lease, except (i) to a wholly owned Subsidiary of Lessee so long as Lessee has delivered to the Lessor and the Agent a reaffirmation of the Guaranty and (ii) as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any the Leased Property, provided that (a) all obligations of Lessee -------- shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. Lessee shall give the Agent and Lessor written notice of any such assignment or sublease. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by Lessee, nor shall Lessee mortgage or pledge any interest in any the Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to all or any portion of any Leased Property to any Affiliate of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased Property, provided that (a) all obligations of Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; and (b) such sublease shall be expressly subject and subordinate to this Lease, the Loan Agreement and the other Operative Documents; Documents in form and (c) each such sublease substance reasonably satisfactory to Lessor and the Agent and shall terminate on or before the Lease Termination Date. Lessee shall promptly reimburse Lessor for any and all costs and expenses incurred by Lessor or the Agent with respect to any such sublease. Lessee shall give the Agent and Lessor prompt written notice of any such assignment or subleasesublease and shall include a copy of such sublease with such notice. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by Lessee, nor shall Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
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Assignment and Subleasing. Lessee may not assign any of its right, title or interest in, to or under this Lease, except as set forth in the following sentence. Lessee may (i) assign this Lease as it relates to sublease all or any portion of any Leased Property to any Affiliate Subsidiary of Lessee so long as Lessee's guaranty pursuant to the Guaranty Agreement continues in full force and effect and (ii) sublease all or any portion of any Leased PropertyGuarantor, provided that (a) all obligations of Lessee shall continue in full effect as obligations of a principal and not of a guarantor or surety, as though no sublease had been made; (b) such sublease shall be expressly subject and subordinate to this Lease, the Lease Participation Agreement, the Loan Agreement and the other Operative Documents; and (c) each such sublease shall terminate on or before the Lease Termination Date. , and (d) the Guarantor shall remain liable for performance of all obligations of Lessee shall give under this Lease and the Agent and Lessor written notice of any such assignment or subleaseother Operative Documents. Except pursuant to an Operative Document, this Lease shall not be mortgaged or pledged by Lessee, nor shall Lessee mortgage or pledge any interest in any Leased Property or any portion thereof. Any such mortgage or pledge shall be void.
Appears in 1 contract
Samples: Master Agreement (Aaron Rents Inc)