Common use of Assignment, Mortgage, Etc Clause in Contracts

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease. If this lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 Landlord to an assignment or underletting shall not in anyway be constructed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 2 contracts

Samples: Office Lease (Access Integrated Technologies Inc), Office Lease (Arbinet Thexchange Inc)

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Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, successors and assigns, expressly covenants covenants, that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 other than through a recognized exchange shall be deemed an assignment of this leaseassignment. 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, Landlord Owner may, after default by TenantTenant beyond the expiration of all applicable notice and cure periods, 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 Landlord Owner to an assignment or underletting shall not in anyway any way be constructed consumed to relieve Tenant from obtaining the express consent construed in writing of Landlord Owner to any further assignment or underletting.

Appears in 2 contracts

Samples: Office Lease (Liquid Holdings Group LLC), Office Lease (Liquid Holdings Group LLC)

Assignment, Mortgage, Etc. TenantExcept as otherwise permitted in paragraph (b) of this Article 11, Tenant for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. Transfer of the majority of the stock of a corporate Tenant instance which shall not unreasonably be deemed an assignment of this leasewithheld. If this lease be Lease is assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 tenant herein contained. The consent by Landlord to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (On Site Sourcing Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

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

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributeesdistributes, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease. If this lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 Landlord to an assignment or underletting shall not in anyway be constructed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (Fusion Telecommunications International Inc)

Assignment, Mortgage, Etc. Tenant, Tenant for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord Owner in each instance, except as provided in and further subject to Art. Transfer 55 of the majority of the stock of a corporate Tenant shall be deemed an assignment of this leaseRider. 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, Landlord 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 from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.. Electric Current:

Appears in 1 contract

Samples: Lease Agreement (Impath Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. instance Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease. If this lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 Landlord to an assignment or underletting shall not in anyway be constructed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease Agreement (Neutral Tandem Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. If this lease leases be assigned, or if the Demised Premises demised premises or any part thereof be underlet or occupied by anybody other than Tenant, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

Samples: Lease Agreement (Fania Entertainment Group LTD)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of 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 of this leaseassignment. If this lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 Landlord to an assignment or underletting shall not in anyway any wise be constructed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (Quietpower Systems Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributeesdistributes, executors, administrators, legal representativesrepresentative, successors successor and assigns, expressly covenants that it shall not assign, mortgage or other encumber this Leaseagreement, 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 Landlord 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 of this leaseas 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, Landlord 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-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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (Ijc Ventures Corp)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease. If this lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, 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 Landlord to an assignment or underletting shall not in anyway be constructed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (PLD Telekom Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributeesdistributes, executors, administrators, legal representativesrepresentative, successors successor and assigns, expressly covenants that it is shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord . 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 occupants 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.. (See Article 41)

Appears in 1 contract

Samples: Lease (American Capital Access Holdings LTD)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, successors successor and assigns, expressly covenants that it is shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. The consent by Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant Xxxxxx from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.. See Article

Appears in 1 contract

Samples: Office Lease (Manchester Equipment Co Inc)

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Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or of underletting. See Article #59.

Appears in 1 contract

Samples: Lease Agreement (Medsite Com Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord in Owner. In each instance. , Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

Samples: Sublease Agreement (International Telecommunication Data Systems Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, . legal representatives, successors representative successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord Owner in each instance. Transfer of the majority of the stock of a corporate Corporate Tenant or the majority partnership interest of a partnership Tenant shall be deemed an assignment of this leaseassignment. 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, Landlord . 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 Landlord Owner to an assignment or underletting underlettingg shall not in anyway any wax be constructed construed to relieve Tenant from obtaining the express consent in writing wnung of Landlord Owner to any further hunher assignment or underlettingunderierting.

Appears in 1 contract

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

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, successors successor and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

Samples: Office Lease (Gbi Capital Management Corp)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord Owner in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this leaseassignment. 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, Landlord 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-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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

Samples: Loft Lease (Lifecodes Corporation)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representativesrepresentative, successors successor and assignsassignees, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.. [See Article 43]

Appears in 1 contract

Samples: Office Lease (Media Metrix Inc)

Assignment, Mortgage, Etc. Except as otherwise expressly provided in Article 48 below, Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord Owner in each instance. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease. 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, Landlord Owner may, after default by Tenant, beyond applicable notice and cure periods 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underlettingunderletting when such consent is required under this Lease.

Appears in 1 contract

Samples: Office Lease (Atari Inc)

Assignment, Mortgage, Etc. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Leaseagreement, 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 Landlord 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 of this leaseassignment. 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, Landlord 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 Landlord Owner to an assignment or underletting shall not in anyway any wise be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.

Appears in 1 contract

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

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