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 (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42. 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 (Intira Corp)

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Assignment, Mortgage, Etc. 11. Tenant, for itself, its heirs, distributees, executors, administrators, legal representatives, successors and assigns, 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 (which consent shall not be unreasonably withheld, delayed or conditioned) Owner in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42(INSERT 15). 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, Tenant (INSERT 16) 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 the 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 the 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: Sonesta International Hotels Corp

Assignment, Mortgage, Etc. 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 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 (which consent shall not be unreasonably withheld, delayed or conditioned) Owner in each instance except as otherwise set forth instance. Transfer of the majority of the stock of a corporate of Owner in Article 42each 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 lease except as set forth in Article 42assignment. 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 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 Landlord Owner to an assignment or underletting shall not in anyway any way be constructed construed to relieve Tenant Txxxxx from obtaining the express consent in writing of Landlord Owner to any further assignment or as underletting. See paragraph “55th” in Rider.

Appears in 1 contract

Samples: American Defense Systems Inc

Assignment, Mortgage, Etc. 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 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 (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42instance. 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 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 construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.. SEE ARTICLE 44

Appears in 1 contract

Samples: Agreement of Lease (Harris Interactive Inc)

Assignment, Mortgage, Etc. 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 Leaseagreement, nor underletunder???, or suffer or permit the Demised Premises demised properties or any part thereof to be used by others others, without the prior written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42instance. If this lease be assigned, or if the Demised Premises demised premises or any part thereof be underlet under??? 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, underlettingunderwriting, 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 as assignment or underletting shall not in anyway any ways be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.underletting SEE PARAGRAPH 48 "RIDER TO LEASE" ELECTRIC CURRENT

Appears in 1 contract

Samples: Sublease Agreement (Movado Group 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 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, withheld or delayed or conditioned) in each instance except as otherwise set forth in subject to the provisions of Article 4242 hereof. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42assignment. 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. 11. Tenant, for itself, its heirs, distributeesdistributes, 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 (which consent shall not be unreasonably withheld, delayed or conditioned) Owner in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42instance. 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. See Article 44. Under no circumstances may the lessee’s interest in this lease be mortgaged or encumbered.

Appears in 1 contract

Samples: Smith & Wollensky Restaurant Group Inc

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Assignment, Mortgage, Etc. 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 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 (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42instance. If this lease be assigned, assigned or if the Demised Premises demised premises or any part thereof be underlet or occupied by to 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 construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting. See Paragraph 48 “Rider to Lease.

Appears in 1 contract

Samples: Non Disturbance and Attornment Agreement (Harris Interactive Inc)

Assignment, Mortgage, Etc. 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 Leaseagreement, nor underlet, or suffer or permit the Demised Premises demised premises or any part thereof to be used by others without the (not legible) (not legible) prior written consent of Landlord (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42. If if this lease be assigned, assigned or if the Demised Premises demised premises or any part thereof be by underlet or occupied by anybody other than Tenant, . Landlord 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, underletting occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, 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 construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting.

Appears in 1 contract

Samples: Lease (Maxwell Shoe Co Inc)

Assignment, Mortgage, Etc. 11. Subject to the provisions of Article 56 of this lease, 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 (which consent shall not be unreasonably withheld, delayed or conditioned) owner in each instance except as otherwise set forth in instance. subject to the provisions of Article 42. Transfer 56 of this lease, transfer of the majority of the stock of a corporate Tenant or the majority interest in any partnership, limited liability company or other legal entity which is Tenant shall be deemed an assignment of this lease except as set forth in Article 42assignment. 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 way be constructed construed to relieve Tenant from obtaining the express consent in writing of Landlord Owner to any further assignment or underletting.. Electric Current: 12. SEE RIDER, ARTICLE 43

Appears in 1 contract

Samples: Premier Exhibitions, Inc.

Assignment, Mortgage, Etc. 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 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 (which consent shall not be unreasonably withheld, delayed or conditioned) in each instance except as otherwise set forth in Article 42. Transfer of the majority of the stock of a corporate Tenant shall be deemed an assignment of this lease except as set forth in Article 42instance. If this lease be assigned, assigned or if the Demised Premises 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 construed to relieve relive Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting. This Article is modified by Article #53.

Appears in 1 contract

Samples: Paradise Music & Entertainment Inc

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