Common use of Assignment by Tenant Clause in Contracts

Assignment by Tenant. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld delayed or conditioned, (i) transfer, pledge, mortgage or assign this Lease or any interest hereunder; (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet the Premises or any part thereof; or (iv) permit the regular use of the Premise by any parties other than Tenant, its agents and employees. Tenant shall seek such written consent of Landlord by a written request therefore, setting forth such information as Landlord may reasonably deem necessary. Tenant shall, by notice in writing, advise Landlord of its intention from, on and after a stated date which shall not be less than thirty (30) days after date of Tenant's notice, to assign this Lease or sublet any part or all of the Premises for the balance of the Term. Tenant's notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease shall be delivered to Landlord with Tenant's notice along with any consideration therefor. Landlord will not unreasonably withhold, delay, or condition its consent to Tenant's assignment of the Lease or subletting of such space and incidental rights to the party identified in Tenant's notice.

Appears in 2 contracts

Samples: Lease (Fourth Shift Corp), Lease (Fourth Shift Corp)

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Assignment by Tenant. Other than with respect to the Permitted Institutional Mortgagees, Tenant shall not, will not assign this Lease or any interest in this Lease or sublet or permit any other person to occupy the Premises or any portion thereof (except for leasing the Units to Qualifying Households) prior to the Final Completion of the Initial Improvements without the prior written consent of Landlord, which consent may be withheld in Landlord’s sole discretion. After the Final Completion of the Initial Improvements, Landlord’s consent shall not be unreasonably withheld delayed withheld. Notwithstanding the foregoing, Tenant shall have the right to assign or conditionedtransfer its rights under this Lease to any entity that Tenant controls, provided that (i) transfer, pledge, mortgage or assign this Lease or any interest hereunder; (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet Tenant sends written notice to the Premises or any part thereof; or (iv) permit the regular use of the Premise by any parties other than Tenant, its agents and employees. Tenant shall seek such written consent of Landlord by a written request therefore, setting forth such information as Landlord may reasonably deem necessary. Tenant shall, by notice in writing, advise Landlord of its intention from, on and after a stated date which shall not be less than Town at least thirty (30) days after date prior to any such transfer, notifying the Town of the transferee’s name and evidence of the control that Tenant exercises over such transferee, and obtains the Town’s written consent, not to be unreasonably withheld, (ii) any such transferee enters into an Assumption Agreement, expressly agreeing to perform all of Tenant's notice’s obligations hereunder and under this Lease; and (iii) Tenant shall guarantee the transferee’s performance of such obligations, to assign this Lease or sublet any part or all of the Premises for the balance of the Term. Tenant's notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease shall be delivered to Landlord jointly and severally liable with Tenant's notice along with any consideration therefor. Landlord will not unreasonably withhold, delay, or condition its consent to Tenant's assignment the transferee until a final certificate of occupancy has been issued for all the Lease or subletting of such space and incidental rights to the party identified in Tenant's noticeUnits.

Appears in 1 contract

Samples: Ground Lease

Assignment by Tenant. (a) Tenant acknowledges that Landlord has relied both on the business experience and creditworthiness of Tenant and upon the particular purposes for which Tenant intends to use the Properties in entering into this Lease. Any (i) assignment, sublease, transfer, conveyance, pledge or mortgage by Tenant, whether voluntary or involuntary, whether by operation of Law or otherwise, of any part or all of this Lease, or of any part or all of the leasehold estate created by this this Lease, or any interest herein, or (ii) any assignment, transfer, conveyance, pledge or mortgage of any stock, partnership, membership or other direct or indirect equity interests in Tenant, Guarantor or any Person or group of Persons controlling Tenant or Guarantor that results in a direct or indirect change of control of Tenant, whether voluntary or involuntary, whether by operation of law (for example, by merger) or otherwise, is defined in this Agreement as a “Transfer”. For purposes of this Article XV, “control” or “controlling” means shall notmean, as applied to any Person or entity, the possession, directly or indirectly, of the power to direct the management and policies of that Person or entity, whether through ownership, voting control, by contract or otherwise. Except as otherwise expressly provided in this Lease, no Transfer shall occur without the prior written consent of Landlord, which consent shall will not be unreasonably withheld withheld, conditioned or delayed or conditioned, by Landlord with respect to an assignment (i) transfer, pledge, but not a mortgage or assign pledge) of this Lease in its entirety by Tenant, considering such matters as the experience and financial strength of any assignee, the assumption by any assignee of all of Tenant’s obligations hereunder by undertakings enforceable by Landlord, and the transfer to or any interest hereunder; procurement by the proposed assignee of all necessary licenses and franchises in order to continue operating the Properties for the purposes herein provided, so long as Landlord is given at least 30 days prior written notice of such assignment accompanied by information about the proposed assignee (iiincluding financial statements of the proposed assignee and its direct and indirect equity owners), and provided further that at the time of such assignment no Event of Default (assuming with the giving of notice or the passage of time) permit will occur and be continuing. At the time of any assignment of this Lease which is approved in writing by voluntary actLandlord, operation of law or otherwise; (iii) sublet the Premises or any part thereof; or (iv) permit the regular use assignee shall assume all of the Premise by any parties other than Tenant, its agents and employees. obligations of Tenant shall seek such written consent of Landlord by under this Lease pursuant to a written request therefore, setting forth such information as Landlord may assumption agreement in form and substance reasonably deem necessaryacceptable to Landlord. Such assignment of this Lease shall not relieve Tenant shall, by notice in writing, advise Landlord or Guarantor of its intention from, on and after a stated date which obligations respecting this Lease unless otherwise agreed to by Landlord. Any consent to any Transfer shall not be less than thirty (30) days after date deemed to be a consent to any subsequent Transfer. Any transfer, mortgage, assignment or pledge of Tenant's notice, to assign this Lease or sublet any part or all by Tenant in violation of the Premises for the balance terms of the Term. Tenant's notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease this Lease shall be delivered to Landlord with Tenant's notice along with any consideration therefor. Landlord will not unreasonably withhold, delay, or condition its consent to Tenant's assignment of the Lease or subletting of such space and incidental rights to the party identified in Tenant's noticevoid.

Appears in 1 contract

Samples: Master Lease Agreement (Party City Holdco Inc.)

Assignment by Tenant. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld delayed or conditioned, (i) transfer, pledge, mortgage or assign this Lease or any interest hereunder; (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet the Premises or any part thereof; or (iv) permit the regular use of the Premise by any parties other than Tenant, its agents and employees. Tenant shall seek such written consent of Landlord by a written request therefore, setting forth such information as Landlord may reasonably deem necessary. Tenant shall, by notice in writing, advise Landlord of its intention from, on and after a stated date which shall not be less than thirty (30) days after date of Tenant's ’s notice, to assign this Lease or sublet any part or all of the Premises for the balance of the Term. Tenant's ’s notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease shall be delivered to Landlord with Tenant's ’s notice along with any consideration therefor. Landlord will not unreasonably withhold, delay, or condition its consent to Tenant's ’s assignment of the Lease or subletting of such space and incidental rights to the party identified in Tenant's ’s notice.

Appears in 1 contract

Samples: Lease (SoftBrands, Inc.)

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Assignment by Tenant. Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld delayed or conditioneddelayed, (i) transfer, pledge, mortgage or assign this Lease or any interest hereunder; (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet the Premises or any part thereof; or (iv) permit the regular use of the Premise by any parties other than Tenant, its agents and employees. Tenant shall seek such written consent of Landlord by a written request therefore, setting forth such information as Landlord may reasonably deem necessary. Tenant shall, by notice in writing, advise Landlord of its intention from, on and after a stated date which shall not be less than thirty (30) days after date of Tenant's notice, to assign this Lease or sublet any part or all of the Premises for the balance or any part of the Termproposed assignment or sublease the consideration therefore. Tenant's notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease shall be delivered to Landlord with Tenant's notice along with any consideration therefornotice. Landlord will not unreasonably withhold, delay, or condition withhold its consent to Tenant's assignment of the Lease or subletting of such space and incidental rights to the party identified in Tenant's notice.

Appears in 1 contract

Samples: Lease Agreement (BMC Industries Inc/Mn/)

Assignment by Tenant. Except as provided below, Tenant shall notnot mortgage, pledge, hypothecate or encumber this Lease or any interest therein. Tenant shall not assign this Lease or sublet, or suffer any other person (the agents and servants of Tenant excepted) to occupy or use, the Premises, or any part thereof, or any right or privilege appurtenant thereto without the prior written consent of the Landlord, which consent shall not unreasonably be unreasonably withheld delayed or conditioneddelayed. Xxxxxxxx’s consent to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting, (i) transfer, pledge, mortgage or assign nor shall Landlord’s consent release Tenant from any of its obligations under this Lease unless such consent expressly so provides. Any assignment, subletting, occupation or any interest hereunder; (ii) permit any assignment of this Lease by voluntary act, operation of law or otherwise; (iii) sublet use without the Premises or any part thereof; or (iv) permit the regular use of the Premise by any parties other than Tenant, its agents and employees. Tenant shall seek such written consent of Landlord by shall be void and, at the option of Landlord, shall terminate this Lease. Any assignment or sublease of 50% or more of the Premises through the end of the Term shall terminate any option(s) or right(s) of first refusal. Notwithstanding anything to the contrary herein, Tenant shall have a written request therefore, setting forth such information as Landlord may reasonably deem necessary. Tenant shall, by notice in writing, advise Landlord of its intention from, on and after a stated date which shall not be less than thirty (30) days after date of Tenant's notice, one-time right to assign this Lease or sublet to an entity which is a wholly-owned subsidiary of Tenant and/or a supporting organization of Tenant, in either case subject to Xxxxxx’s general supervision and control. In no event shall such an assignment release Tenant for any part or all of the Premises for the balance of the Term. Tenant's notice shall state the name and address of the proposed assignee or subtenant and a true and complete copy of the proposed assignment or sublease shall be delivered to Landlord with Tenant's notice along with any consideration therefor. Landlord will not unreasonably withhold, delay, or condition its consent to Tenant's assignment of the Lease or subletting of such space and incidental rights to the party identified in Tenant's noticeobligations under this Lease.

Appears in 1 contract

Samples: Ground Lease Agreement

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