ASSIGNMENT, MORTGAGE, SUBLETTING. 3.1 Neither Tenant, nor Tenant's legal representatives, successors or assigns, shall assign, mortgage or encumber this Lease or sublet use occupy, or permit Demised Premises or any part thereof to be used or occupied by others, and any assignment, mortgage, encumbrance, sublease or permission shall be voidable, at the option of Landlord and, at the further option of Landlord, shall terminate this Lease. If this Lease be assigned, or if Demised Premises or any part thereof be sublet or occupied by any party other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, subtenant or occupant and apply the net amount collect to the recent herein reserved, but no such assignment, subletting, occupancy or collection shall deemed a waiver of this covenant, or the acceptance of the assignee, subtenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of the obligations on the part of Tenant herein contained. Any sale or other transfer, including transfer by consolidation, merger or reorganization, of a majority of the voting stock of Tenant, if Tenant is a corporation, or any sale or other transfer of a majority of the partnership interests in Tenant, if Tenant is a partnership, shall be an Assignment for purpose of this Article 3. As used in this Section 3.1, the term "Tenant" shall also mean any entity that has guaranteed Tenant's obligations under this Lease, and the prohibition hereof shall be applicable to any sales or transfers of the stock or partnership interests of said guarantor.
ASSIGNMENT, MORTGAGE, SUBLETTING. This Lease may not be assigned or sublet, by merger, consolidation, operation of law or otherwise, by Ground Lessee without the prior written consent of Ground Lessor, which consent may be withheld by Ground Lessor in its sole discretion. Notwithstanding the foregoing, it is agreed by the parties hereto that Ground Lessee may sublet to one or more tenants for the purpose of operating the Premises and leasing out the Improvements for commercial purposes, subject at all times to the provisions hereof and the Water Use Agreement. Notwithstanding any assignment or sublease of this Lease, be it in whole or in part hereof, Ground Lessee shall remain liable for the full and faithful performance of all of Ground Lessee’s obligations hereunder and with respect to the Premises. In no event shall Ground Lessee have the right to assign or sublet any right, benefit, value under the Water Use Agreement without the prior written consent of Ground Lessor, which consent may be withheld by Ground Lessor in its sole discretion.
ASSIGNMENT, MORTGAGE, SUBLETTING. This Lease may not be assigned or sublet, by merger, consolidation, operation of law or otherwise, by Ground Lessee without the prior written consent of Ground Lessor, which consent may be withheld by Ground Lessor in its sole discretion. Notwithstanding the foregoing, it is agreed by the parties hereto that Ground Lessee may sublet to one or more tenants for the purpose of operating the Premises and leasing out the Improvements for commercial purposes. Notwithstanding any assignment or sublease of this Lease, be it in whole or in part hereof, Ground Lessee shall remain liable for the full and faithful performance of all of Ground Lessee’s obligations hereunder and with respect to the Premises.
ASSIGNMENT, MORTGAGE, SUBLETTING. Tenant shall not sublet the premises nor any part thereof, nor assign, mortgage or otherwise encumber or dispose of this Lease or any interest therein, nor grant concessions or licenses for the occupancy of the premises, or any part thereof, without Landlord's prior written consent in each of the foregoing cases, except that Tenant shall have the right to sublet the demised premises or assign this Lease if the sublessee or assignee is a corporation which is an affiliate or wholly-owned subsidiary of Tenant, or which may, as a result of a reorganization, merger or consolidation, succeed to the entire business carried on by Tenant at such time, provided the following conditions are complied with:
ASSIGNMENT, MORTGAGE, SUBLETTING. Notwithstanding any provision of the Existing Lease to the contrary, as previously provided in the Third Amendment, for the Extended Term
ASSIGNMENT, MORTGAGE, SUBLETTING. Section 7.1. Tenant shall not assign, mortgage, pledge, encumber, sublet or in any manner transfer (collectively, “Transfer”) its interest in this Lease, or any part thereof, without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld (subject to any restrictions in agreements that Landlord may have with third parties), and any attempt to do any of such acts without such consent shall be null and void and of no effect. Article 12 hereof constitutes such consent for the circumstances set forth therein. Upon request of the Partnership, Landlord, so long as it shall be a Partner, shall use its best efforts to obtain any such third-party consents or waivers necessary to enable Landlord validly to give its consent as aforesaid, provided Landlord can obtain the same at no cost or obligation to it. Upon obtaining any necessary third-party consents or waivers, Landlord, so long as it shall be a Partner, shall join in the execution of a mortgage which will encumber the Demised Land (and the interest of Landlord therein) and/or the Improvements for the purpose of enabling the Tenant to finance the acquisition or construction of any Improvements. During the existence of any such mortgage on the Demised Land Landlord shall hold a security interest in all Improvements to the extent of the mortgage. Landlord represents and warrants that, as of the date hereof, it has lawful title to the Demised Land free and clear of all liens, mortgages and encumbrances (except as the same may be imposed in connection with a transfer as aforesaid), and full power and authority to execute and perform this Agreement. Landlord further agrees that it will execute all papers necessary to give effect to an undertaking to obtain such mortgage(s), including the application papers which may be required by the proposed mortgagee(s); but such application papers shall contain a statement that Landlord shall not be rendered liable in its capacity as Landlord hereunder (as distinguished from its capacity as Partner of the Partnership) for the payment of the debt proposed to be secured by such mortgage(s).
ASSIGNMENT, MORTGAGE, SUBLETTING. (a) Subsection 3.1(5) of Section 3.1 of the Original Lease is hereby deleted.
ASSIGNMENT, MORTGAGE, SUBLETTING. Section 5.01 Neither this lease, nor the term and estate hereby granted nor any part hereof or thereof, nor the interest of Lessee in any sublease, or the rentals thereunder, shall be assigned, mortgaged, pledged, encumbered or otherwise transferred by Lessee, and neither the demised premises, nor any part thereof, shall be encumbered in any manner by reason of any act or omission on the part of Lessee or anyone claiming under or through Lessee, or shall be sublet, offered or advertised for subletting, or be used or occupied or permitted to be used or occupied, by anyone other than
ASSIGNMENT, MORTGAGE, SUBLETTING. Neither Tenant nor its legal representatives, successors or assigns shall voluntarily or involuntarily assign, mortgage or encumber this lease, or sublet or use or occupy or permit the demised premises or any part thereof to be used or occupied by others without the written
ASSIGNMENT, MORTGAGE, SUBLETTING
