Common use of Assignment, Mortgage, Etc Clause in Contracts

Assignment, Mortgage, Etc. Tenant, for itself , its heirs, distributees, executors, administrators, legal representatives, succcessors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner in each instance. Transfer of the majority of the stock of corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:

Appears in 1 contract

Samples: Office Lease (Internet Financial Services Inc)

AutoNDA by SimpleDocs

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:: 12) Rates and conditions in respect to submetering or rent inclusion, as the case may be, to be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of electric current shall not exceed the capacity of existing feeders to the building or the risers or wiring installation, and Tenant may not use any electrical equipment which, in Owner’s opinion, reasonably exercised, will overload such installations or interfere with the use thereof by other tenants of the building. The change at any time of the character of electric service shall in no wise make Owner liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain. Access to Premises: 13) Owner or Owner’s agents shall have the right (but shall not be obligated) to enter the demised premises in any emergency at any time, Vault, Vault Space, Area: 14) No vaults, vault space or area, whether or not enclosed or covered, not within the property line of the building, is leased hereunder, anything contained in or indicated on any sketch, blue print or plan, or anything contained elsewhere in this lease to the contrary notwithstanding. Owner makes no representation as to the location of the property line of the building. All vaults and vault space and all such areas not within the property line of the building, which Tenant may be permitted to use and/or occupy, is to be used and/or occupied under a revocable license, and if any such license be revoked, or if the amount of such space or area be diminished or required by any federal, state or municipal authority or public utility, Owner shall not be subject to any liability, nor shall Tenant be entitled to any compensation or diminution or abatement of rent, nor shall such revocation, diminution or requisition be deemed constructive or actual eviction. Any tax, fee or charge of municipal authorities for such vault or area shall be paid by Tenant.

Appears in 1 contract

Samples: Office Lease (Bankrate, Inc.)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 The consent of Rider) Electric Current:Owner to an assignment or sublet shall not be unreasonably withheld or delayed.

Appears in 1 contract

Samples: Lease Agreement (MSC Industrial Direct Co Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises Demised Premises or any part thereof to be used by others, others without the prior written consent of owner Landlord in each instance, which consent shall not be unreasonably withheld or delayed subject to the provisions of Article 42 hereof. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise be construed constructed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Office Lease (Quietpower Systems Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assignassign by operation of law or otherwise, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein containedcontained or the release of any guarantor. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting, by operation of law or otherwise. (See Article 42 of Rider) Electric Current:

Appears in 1 contract

Samples: Loft Lease (Coach Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or of a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, succcessors successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-under- tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Office Lease (Gbi Capital Management Corp)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributeesdistributes, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Which consent shall not be unreasonably withheld conditioned or delayed. Transfer of the majority of the stock of corporate Tenant or the majority interest in any partnership or other legal entity which is Tenant shall be deemed an as assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, may after default by Tenant, collect rent from the assignee, under-tenant undertenants or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underlettingunderlying, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Lease Agreement (Standard Microsystems Corp)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributeesdistributes, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instanceinstance which shall not be unreasonably withheld or delayed. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant tenant, or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric CurrentELECTRIC CURRENT:

Appears in 1 contract

Samples: Lease Agreement (Ask Jeeves Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreementLease, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance, which consent shall not be unreasonably withheld or delayed. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment. If this lease Lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by TenantTenant and the expiration of the applicable cure period, if any, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of the provisions of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenantnumbered Article, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner prior to any further assignment or underletting. Notwithstanding anything to the contrary above, Tenant may assign this Lease at any time, or sublease all or part of the property, without receipt of Owner’s consent, to any entity which acquires all or part of Tenant, or which is acquired in whole or in part by Tenant, or which is controlled directly or indirectly by Tenant, or which entity controls, directly or indirectly, Tenant (See Article 42 “Affiliate”), or which owns or is owned by the Affiliate, so long as such transaction was not entered into as a subterfuge to avoid the obligations and restrictions of Riderthis Lease. In any such case the net asset value of the assignee shall be greater on the day after such assignment than that of Tenant on the day before such assignment and Tenant shall provide Owner with written notice of any such assignment within ten (10) Electric Current:days of such assignment.

Appears in 1 contract

Samples: Lease Agreement (MMC Energy, Inc.)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, succcessors successor and assignsassignees, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. ([See Article 42 of Rider) Electric Current:43]

Appears in 1 contract

Samples: Office Lease (Media Metrix Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreementLease, nor underlet, or suffer or permit the demised premises Demised Premises or any part thereof to be used by others, others without the prior written consent of owner Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) in each instanceinstance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignmentassignment of this lease except as set forth in Article 42. If this lease be assigned, or if the demised premises Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise anyway be construed constructed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Office Lease (Intira Corp)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Loft Lease (General Credit Corp)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by TenantTenaxx, collect xxllect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from Tenaxx xxxm obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric CurrentELECTRIC CURRENT:

Appears in 1 contract

Samples: Lease Agreement (Advanced Viral Research Corp)

Assignment, Mortgage, Etc. A. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that that, except as expressly specified in this Article 15, it shall not assign(i) transfer or assign (whether by operation of law, mortgage merger, consolidation or otherwise) its interest in this Lease, in whole or in part, (ii) mortgage, pledge or encumber this agreementLease or the Demised Premises or any part thereof in any manner by reason of any act or omission on the part of Tenant, nor underlet, (iii) sublet the Demised Premises or suffer any part thereof or permit the demised premises Demised Premises or any part thereof to be used or occupied by others, (iv) advertise, or authorize a broker to advertise the Demised Premises for assignment or subletting, (v) enter into franchise, license or concession agreements with respect to the Demised Premises or any part thereof, or (vi) sell, pledge, transfer or otherwise alienate (x) more than either the controlling interest in, or fifty percent (50%) of, the issued and outstanding capital stock of any corporate Tenant (unless such stock is publicly traded on a recognized security exchange or over-the-counter market, in which case no consent to such transaction shall be required hereunder) or (y) more than either the controlling interest in, or fifty percent (50%) of, any limited liability company, partnership, joint venture or other legal entity constituting Tenant, however accomplished, whether in a single transaction or in a series of related and/or unrelated transactions, without obtaining the prior written consent of owner Landlord in each instance. Transfer , which consent shall not be unreasonably withheld, conditioned or delayed provided all of the majority provisions of this Article 15 have been satisfied. For the purpose of this Lease, any sale or transfer of Tenant’s capital stock of corporate Tenant through any public exchange shall not be deemed an assignment, subletting or any other transfer of the Lease or the Demised Premises. If this lease Lease be assigned, or if the demised premises Demised Premises or any part thereof be underlet sublet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant subtenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underlettingsubletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant subtenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting subletting shall not in any wise way be construed to relieve Tenant and/or any assignee or subtenant of Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underlettingsubletting. B. Tenant shall submit to Landlord in writing, at least thirty (30) days prior to effective date of any proposed assignment or subletting, notice of Tenant’s intention to assign the Lease or sublease the Demised Premises or a portion thereof, together with the following: (i) a statement setting forth in reasonable detail the identity of the proposed assignee or subtenant, the nature of its business and its proposed use of the Demised Premises; (ii) a final, fully-negotiated term sheet signed by Tenant and the proposed assignee or subtenant setting forth all of the material business terms of the proposed sublease or assignment (the “Term Sheet”), including, without limitation, whether the proposed transaction is an assignment or sublease (and, if a sublease, that portion of the Demised Premises to be sublet and the proposed sublease term), the rent and other consideration to be paid to Tenant in connection with the proposed transaction, the various concessions offered by Tenant to the proposed assignee or subtenant (e.g., rent abatements, moving allowances, base building work and tenant improvement allowances), the effective or commencement date of the proposed sublease or assignment (which shall be not earlier than thirty (30) days, and not later than one hundred twenty (120) days, following the date of such notice, and such other information as Landlord may reasonably request; (iii) financial statements for the proposed assignee or subtenant for the past two (2) years prepared by said assignee’s or subtenant’s independent accountant in accordance with generally accepted accounting principles (it being agreed, however, that in connection with a sublease, the proposed subtenant may have the foregoing financial statements certified by an officer of subtenant in lieu having the same prepared by an independent accountant); and (iv) such other information that Landlord may reasonably request. If the obligations of the proposed assignee or subtenant will be guaranteed by any person or entity, Tenant’s request shall not be considered complete until the information described in (See Article 42 iii) and (iv) above has been provided with respect to each proposed guarantor. C. Other than in connection with a sublease or assignment pursuant to the provisions of RiderSections 15O, P, Q, R, and S below, Tenant’s request for Landlord’s consent to an assignment of this Lease or a sublease of any single full floor (or multiple full floors) Electric Currentof the Demised Premises for all or substantially all of the then balance of the Term shall be deemed an offer from Tenant to Landlord to (x) cancel and terminate this Lease with respect to an assignment of this Lease or with respect to a sublease for all or substantially all of the Demised Premises for all or substantially all of the then Term, or (y) terminate this Lease with respect to the portion of the Demised Premises covered by such sublease if the proposed sublease is not for all or substantially of the Demised Premises but is a sublease of any full floor (or multiple full floors) of the Demised Premises for all or substantially all of the then Term, effective on the effective or commencement date of the proposed sublease or assignment. If Landlord accepts the offer and terminates this Lease as provided in clause (x) of the first sentence of this Section 15C, then this Lease and the term hereof shall expire and terminate on the effective or commencement date of the proposed sublease or assignment as if it were the Expiration Date, and the Fixed Annual Rent and the Additional Rent due hereunder shall be paid and apportioned to such date and no further costs shall be due except as otherwise provided in this Section 15C, the indemnification provisions of this Lease and those provisions of this Lease that shall survive the expiration or earlier termination of this Lease. If Landlord accepts the offer and terminates this Lease with respect to the portion of the Demised Premises as provided in clause (y) of the first sentence of this Section 15C, then this Lease and the term hereof shall expire and terminate on the effective or commencement date of the proposed sublease with respect to the portion of the Demised Premises proposed to be sublet as if it were the Expiration Date, the Fixed Annual Rent and Additional Rent due hereunder with respect to such portion of the Demised Premises shall be paid and apportioned to such date, and the Fixed Annual Rent and the Percentage shall be adjusted based upon the proportion that the rentable area of the Demised Premises remaining bears to the total rentable area of the Demised Premises (it being agreed that if Landlord accepts the offer and terminates this Lease for less than the entire Demised Premises as provided in clause (y) of the first sentence of this Section 15C, then Tenant shall pay to Landlord, within thirty (30) days following notice, as Additional Rent, the actual costs reasonably incurred by Landlord in removing any internal staircase for such portion of the Demised Premises and sealing the slab(s)). The parties agree to enter into a termination or lease amendment to ratify and confirm such total or partial termination and setting forth any appropriate modifications to the terms and provisions hereof but the failure to do so shall not affect the effectiveness of the termination. D. Without limiting the rights of Landlord hereunder, and notwithstanding anything to the contrary contained in this Lease, no assignment or subletting shall be made, and Landlord may reasonably withhold consent to any proposed assignment or subletting, if: 1. In Landlord’s sole but reasonable judgment, the financial condition and general reputation of the proposed assignee or subtenant are not consistent with the extent of the obligations undertaken by the proposed assignment or sublease. 2. In Landlord’s sole but reasonable judgment, the proposed use of the Demised Premises by the proposed subtenant or assignee is not appropriate for the Building or in keeping with the standards for, and general character of, the Building, or violates the provisions of any existing lease for space at the Building or the terms of any Superior Interest, or is not the same type of business as the Permitted Use. 3. In Landlord’s sole but reasonable judgment, the nature of the occupancy of the proposed assignee or subtenant will cause a density of employees or traffic significantly greater than that of Tenant or make greater demands on the Building’s services or facilities than as provided for by the full occupancy or maximum capacity under applicable Legal Requirements. 4. The proposed assignee or sublessee is a party, or the affiliate of a party, who has exchanged proposals with Landlord or its affiliates (directly or through a broker) with respect to space in the Building during the six (6) month period immediately preceding Tenant’s request for Landlord’s consent.

Appears in 1 contract

Samples: Lease Agreement (RedBall Acquisition Corp.)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority interest in any partnership or other legal entity which is Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by fby anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount amounts collected to the rent herein reserved, but no such assignment, underletting, occupancy occupancy, or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further furhter performance by of Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:Par. 54

Appears in 1 contract

Samples: Loft Lease (Scientific Industries Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, succcessors successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, occupant and apply the net amount collected to the rent herein reserved, reserved but no such assignment, underletting, assignment underletting occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of or Owner to any further assignment or underletting. (See Article 42 61 of Rider) Electric Current:this Lease.

Appears in 1 contract

Samples: Office Lease (College Television Network Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, succcessors successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. ([See Article 42 of Rider) Electric Current:43]

Appears in 1 contract

Samples: Sublease (Media Metrix Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise anywise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Assignment, Mortgage, Etc. Subject to Article A-22 hereof, Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment; provided, however, that a transfer of stock in connection with the reincorporation of Tenant from one state of the United States of America to another shall not be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Lease Agreement (National Medical Health Card Systems Inc)

AutoNDA by SimpleDocs

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer sublet or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Landlord in each instance. Transfer of the majority of the stock of corporate Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. (See Article 42 of Rider) Electric Current:: [GRAPHIC]

Appears in 1 contract

Samples: Sublease Agreement (Maxwell Shoe Co Inc)

Assignment, Mortgage, Etc. (a) After notice to Landlord, Tenant may assign or sublease the premises without the Landlord’s consent to: (i) a related entity; (ii) any entity resulting from a merger or consolidation with Tenant; (iii) any subsidiary of Tenant. Otherwise, Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, assigns expressly covenants that it shall not assign, sublet, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by othersLease, without the prior written consent of owner Landlord in each instance. Transfer of the majority of the stock of corporate Tenant instance which consent shall not be deemed an assignmentunreasonably withheld or delayed. If this lease Lease be assigned, or if the demised premises Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent Rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent Rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. . (See Article 42 of Riderb) Electric Current:Tenants shall remain liable under the Lease, even if the Lease is assigned or sublet.

Appears in 1 contract

Samples: Lease Agreement (Clickable Enterprises Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, . legal representatives, succcessors representative successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, . without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of corporate a Corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, . Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant under- temnt or occupant as tenant, or a release of Tenant from the further performance Performance by Tenant of covenants on the part of Tenant ofTenant herein contained. The consent by Owner to an assignment or underletting underlettingg shall not in any wise wax be construed to relieve Tenant from obtaining the express consent in writing wnung of Owner to any further hunher assignment or underletting. (See Article 42 of Rider) Electric Current:underierting.

Appears in 1 contract

Samples: Office Lease (Allstate Financial Corp /Va/)

Assignment, Mortgage, Etc. (a) Except as otherwise set forth in this Article 15, Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, succcessors successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises Premises or any part thereof to be used by others, without the prior written consent of owner Landlord in each instance. Transfer of the majority of the stock of corporate Tenant shall be deemed an assignment. If this lease Lease be assigned, or if the demised premises Premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. . (See b) (i) Tenant shall not, whether voluntarily, involuntarily, or by operation of law or otherwise (A) assign or otherwise transfer this Lease or the term and estate hereby granted, or offer or advertise to do so, (B) sublet the Premises or offer or advertise to do so, or allow the same to be used, occupied or utilized by anyone other than Tenant, (C) mortgage, pledge, encumber or otherwise hypothecate this Lease or the Premises or any part thereof in a manner whatsoever or (D) permit the Premises or part thereof to be occupied, by any person other than Tenant, without in each instance obtaining the prior written consent of Landlord or notifying Landlord as provided in this Article 42 of Rider) Electric Current:15.

Appears in 1 contract

Samples: Lease Agreement (Salon Media Group Inc)

Assignment, Mortgage, Etc. 14.1 Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, assigns expressly covenants that it shall not assign, mortgage or encumber this agreement, Lease nor underlet, or suffer or permit the demised premises Premises or any part thereof to be used by others, without the prior written consent of owner Landlord in each instance. Transfer Landlord may withhold or grant its consent to any assignment or sublease of the Premises proposed by Tenant in Landlord's sole discretion. With respect to any proposed subtenant or assignee, Landlord shall have the right to approve the form and substance of any sublease or assignment documents. In the event of any proposed acquisition of a majority of the corporate stock of corporate Tenant by any corporation, person or entity, Landlord's consent shall not be required, provided that Tenant shall be deemed an notify Landlord at least thirty (30) days prior to any such proposed acquisition and shall forward to Landlord such detailed information about the proposed transaction as Landlord may reasonably require. No assignment. , subletting or other transfer consented to by Landlord shall relieve Tenant of any liability under this Lease. 14.2 If this lease Lease be assigned, or if the demised premises Premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner Landlord may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of the provisions of this covenantArticle, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Lease Agreement (Renal Care Group Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such such, assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a 8 release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Loft Lease (American Realty Capital New York Recovery Reit Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant undertenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:

Appears in 1 contract

Samples: Office Lease (Source Interlink Companies Inc)

Assignment, Mortgage, Etc. Tenant, for itself , its heirs, distributees, executors, administrators, legal representatives, succcessors and assigns, expressly covenants that it Tenant shall not assignwithout having first obtained Landlord's written consent thereof (i) use or permit the Demised Premises or any part of the same to be used for any purpose other than to that specified in this lease, (ii) assign or transfer, by operation of law or otherwise, this lease or any interest therein, (iii) mortgage or encumber this agreementthe same, nor underlet, (iv) sublet or suffer or permit underlet the demised premises Demised Premises or any part thereof thereof, or (v) permit the same to be used occupied by others, without the prior written consent anyone other than Tenant or Tenant's officers and employees. A transfer of owner in each instance. Transfer control or ownership of more than twenty (20%) per cent of the majority shares of Tenant, if Tenant is a corporation, or of more than twenty (20%) per cent of the stock of corporate total partnership interests in Tenant, if Tenant is a partnership, shall be deemed an assignment. If assignment of this lease be assignedrequiring the consent of Landlord pursuant to this Article. In the event that Tenant shall desire to assign this lease, or if sublet the demised premises whole or any part thereof of the Demised Premises or permit the same to be underlet or occupied by anybody any person other than Tenant, Owner mayits officers or employees, after default by Tenant, collect rent from Tenant shall submit in writing to Landlord the name of the proposed assignee, under-tenant subtenant, or occupant, the nature of and apply character of its business, the net amount collected terms and conditions of the proposed assignment or subletting, information as to the rent herein reservedfinancial responsibility and standing of the proposed subtenant or assignee and such other information as Landlord may reasonably request, but no and, simultaneously, with such assignmentsubmission, underlettingTenant shall deliver to the Landlord a written agreement, occupancy or collection shall be deemed in a waiver of this covenantform satisfactory to Landlord, fully executed and acknowledged by Tenant surrendering to Landlord the entire Demised Premises, if an assignment is proposed, or if a subletting is proposed, then the acceptance portion of the assigneeDemised Premises proposed to be sublet or to be occupied by a person other than Tenant. Such surrender agreement shall also provide that if a portion of the Demised Premises is to be surrendered, under-tenant or occupant as tenantTenant, or a release at its expense, will erect the partitions required to separate the portion of Tenant the Demised Premises to be surrendered from the further performance by Tenant remainder of covenants the Demised Premises and shall install any doors required to provide an independent means of access to the portion of the Demised Premises to be surrendered from the elevators and/or staircase on the part floor and shall install all other equipment or facilities which may be required either by law or otherwise in order to permit the portion of Tenant herein containedthe Demised Premises to be surrendered to be used as a unit separate from the balance of the Demised Premises. The If Landlord shall not execute the surrender agreement within sixty (60) days after receipt thereof, then Landlord shall not unreasonably withhold its consent by Owner to an the proposed assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:subleasing.

Appears in 1 contract

Samples: Lease Agreement (Speizman Industries Inc)

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease leases be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant tenant, or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Lease Agreement (Fania Entertainment Group LTD)

Assignment, Mortgage, Etc. Section 15.1. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not not, during the Initial Term or during a Renewal Term, assign, mortgage or encumber this agreementLease, nor underletsublet, or suffer or of permit the demised premises Demised Premises or any part thereof to be used by others, other than to an affiliated entity comprised wholly of the principals as presently constitute Tenant (E.G. a professional corporation or association comprised of the individual doctors constituting Tenant) without the prior written consent of owner Landlord in each instance, which consent shall not be unreasonably withheld. Transfer of the majority of the stock of corporate Tenant No assignment or sublease to a proposed subtenant or assignee who is not a Connecticut licensed medical doctor or allied health professional shall be deemed an assignmenteffective without the prior written consent of Landlord, which consent may be withheld in Landlord's sole discretion. If Except as herein provided, if this lease Lease be assigned, or if the demised premises Demised Premises or any part thereof be underlet sublet or occupied by anybody any party other than Tenant, Owner Landlord may, at its option, terminate this Lease, or may, at its option, after default by Tenant, collect rent from the assignee, under-tenant subtenant or occupantoccupants or tenant, and apply the net amount collected to the rent herein reservedreceived, but no such assignment, underletting, subletting occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant subtenant or occupant as occupant's tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. In the event Tenant shall at any time desire to have Landlord sublet the Premises for Tenant's account, Landlord or Landlord's agents are authorized to receive keys for such purposes without releasing Tenant from any of the obligations under this Lease. The consent by Owner Landlord to an assignment or underletting subletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner Landlord to any further assignment or underlettingsubletting. (See Each permitted assignee or transferee shall assume and be deemed to have assumed this Less and shall be liable for the payment of the rent and additional rent and for the due performance of all the terms, covenants, conditions and agreements herein contained on Tenant's part to be performed for the term of this Lease. No assignment shall be binding on Landlord unless such assignee or Tenant shall deliver to Landlord a duplicate original of the instrument of assignment, in form reasonably satisfactory to Landlord, containing a covenant of assumption by the assignee of all of the aforesaid written consent, prior thereto. If this Lease be assigned or if the Premises or any part thereof be sublet or occupied by anybody other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, subtenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any of Tenant's covenants contained in this Article 42 XV, or the acceptance of Rider) Electric Current:the assignee, subtenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained.

Appears in 1 contract

Samples: Lease Extension Agreement (Saratoga Resources Inc)

Assignment, Mortgage, Etc. Tenant, ,( 11.1) for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, assigns expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate Tenant tenant or the majority partnership interest of a partnership tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this the covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 ElectricCurrent: * Rates and conditions in respect to submetering or rent inclusion, as the case may be, to be added in RIDER attached hereto. Tenant covenants and agrees that at all times its use of Rider) Electric Currentelectric currents shall not exceed the capacity of existing feeders to the building or the risers or wiring installation and Tenant may not use any electrical equipment which, in Owner’s opinion, reasonably exercised, will overload such installations or interfere with the use thereof by other tenants of the building. The change at any time of the character of electric service shall in no wise make Owner liable or responsible to Tenant, for any loss, damages or expenses which Tenant may sustain. * Rider to be added if necessary. Access to Premises:

Appears in 1 contract

Samples: Lease Agreement

Assignment, Mortgage, Etc. Tenant, for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this agreement, nor underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instance. Transfer of the majority of the stock of a corporate of Owner in each instance. Transfer of the majority of the stock of a corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment. If this lease be assigned, or if the demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by TenantTxxxxx, collect rent from the assignee, under-under tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, under-tenant undertenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise way be construed to relieve Tenant Txxxxx from obtaining the express consent in writing of Owner to any further assignment or as underletting. (See Article 42 of paragraph “55th” in Rider) Electric Current:.

Appears in 1 contract

Samples: Acknowledgement (American Defense Systems Inc)

Assignment, Mortgage, Etc. Tenant, Tenant for itself itself, its heirs, distributees, executors, administrators, legal representatives, succcessors successors and assigns, assigns expressly covenants that it shall not assign, mortgage or encumber this agreement, nor not underlet, or suffer or permit the demised premises or any part thereof to be used by others, without the prior written consent of owner Owner in each instanceinstance which consent will not be unreasonably withheld or delayed. Transfer Tenant may, without Landlord's consent, sublet all or any portion of the majority of the stock of corporate demised premises to an affiliated company or companies or a related entity or assign this Lease to an affiliated company or companies or a related entity, i.e. a company or entity that controls Tenant, is controlled by Tenant shall be or is under common control with Tenant. Tenant's merger into or with another entity is not deemed an assignment. If this lease be assigned, or if the demised premises or any part party thereof be underlet or occupied by anybody other than Tenant, Owner may, after default by Tenant, collect rent from the assignee, under-tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this the covenant, or the acceptance of the assignee, under-tenant or occupant as tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Owner to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Owner to any further assignment or underletting. (See Article 42 of Rider) Electric Current:.

Appears in 1 contract

Samples: Lease Agreement (Harvey Electronics Inc)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!