Assignment or Sublease by Tenant. 8.1.1 Except as hereinafter expressly provided, if Tenant desires to assign this Lease or sublet the Leased Premises or any part thereof (subletting, for the purposes hereof, includes the granting of concessions or licenses for the occupancy thereof), Tenant may do so, subject to the following:
(i) At the time of any such assignment or subletting, this Lease is in full force and effect and there is no Event of Default by Tenant then in existence;
(ii) Except as set forth in Section 8.1.2 below, Tenant shall notify Landlord of its desire to assign or sublet to the proposed assignee or sublessee at least ten (10) business days in advance of the assignment or subletting (which notification shall consist of the identity of any such assignee or sublessee and the location and area of the Leased Premises affected by any such assignment or subletting) and provide Landlord with a copy of the proposed sublease or assignment not less than five (5) business days in advance. Within five (5) business days after receipt of Tenant’s notice of its intent to sublease or assign, Landlord shall give Tenant written notice of Landlord’s election (A) to consent to the proposed transaction, or (B) not to consent to the proposed transaction, in which event this Lease shall continue in full force or effect. If Landlord fails to timely make such election, then Landlord will be deemed to have elected option (A);
(iii) Landlord shall only be permitted to withhold its consent to a proposed assignment or subletting if Landlord reasonably determines (and notifies Tenant within the above time period) that (a) the business or activities to be conducted at the Leased Premises by the proposed assignee or sublessee would violate the terms of this Lease, including without limitation, Section 1.3, (b) the operations of the proposed assignee or subtenant would create a density level in excess of four (4) people per one thousand (1000) square feet of Net Rentable Area in the applicable portion of the Building, or (c) the proposed assignee or sublessee is a governmental entity;
(iv) Any assignment of this Lease by Tenant shall only be of the entirety of this Lease;
(v) Any such assignment shall entitle the assignee to, and shall be subject to, all the terms, covenants and conditions of this Lease, and any assignee must assume in such assignment all the rights and obligations of the assignor hereunder; and including without limitation, any renewal rights, parking rights, Building identity and signa...
Assignment or Sublease by Tenant. Tenant may not, voluntarily or by operation of law, assign or transfer this Lease, or sublease the whole or any part of the leased premises, or allow the whole or any part of the leased premises to be used or occupied by any other person or entity, without the prior written consent or Lessor. If Tenant is a corporation, then any transfer of this Lease by merger, consolidation or liquidation, or any change in ownership of the shares of voting stock so as to result in a change of the present effective voting control of Tenant by the person, persons and/or entity owning a majority of said shares on the date of this Lease, shall constitute an assignment of this Lease, and, as such, shall require the prior written consent of Lessor. The prior written consent of Lessor shall not be withheld unreasonably, but only if all of the following conditions are met: (a) proposed assignee or sublessee is financially responsible; (b) Tenant and any guarantors obligations pursuant to the Lease; (c) the minimum guaranteed annual rent, effective as of the effective date of such assignment or subleasing, shall become forthwith the greater of the following: the minimum guaranteed annual rent then applicable, or an amount equal to the average of the rent, including percentage rent, payable for the last two (2) lease years (or shorter period, if so required) immediately prior to the lease year of the proposed assigning or subleasing; and (d) the use of the leased premises remains the same as set forth on the Data Sheet, and does not conflict with an exclusive that Lessor might have granted since the date of this Lease. The foregoing to the contrary notwithstanding, Lessor shall have a period of sixty (60) days after notice by Tenant of the proposed assigning or subleasing to elect to terminate and cancel this Lease without further liability to Tenant.
Assignment or Sublease by Tenant. (a) Assignment or Subletting to an Affiliate. Tenant may assign this Lease or sublet the Leased Premises or any part thereof to an Affiliate (as hereinafter defined) of Ten ant without the prior consent of Landlord; provided, however, Tenant shall give Landlord written notice (which shall specify the assignee or sublessee, and with respect to any sublease, the duration thereof, the date same is to occur, and the exact location of the space affected thereby) of such assignment or sublease within ten (10) days following such assignment or sublease, and with respect to any assignment of this Lease, an original written assumption in favor of Landlord of the duties, obligations and liabilities of Tenant hereunder by such Affiliate. Tenant shall remain directly and primarily liable for the performance of all of the obligations of Tenant hereunder (including, without limitation, the obligation to pay Rent), and Landlord shall be permitted to enforce this Lease in accordance with its terms against Tenant or such sublessee or assignee, or both, notwithstanding any such subletting or assignment. Notwithstanding anything else contained herein, Tenant shall have the right to allow a portion of the Leased Premises to be used or occupied by Tenant's consultants, agents and/or contractors in order to facilitate Tenant's business operations in the Leased Premises.
Assignment or Sublease by Tenant. (a) Tenant may assign this Lease or sublet the Premises or any part thereof to an Affiliate of Tenant without the prior consent of Landlord; provided, however, that Tenant shall promptly notify Landlord of any such assignment or subletting, and with respect to any assignment of this Lease, shall deliver a written assumption in favor of Landlord of the duties, obligations and liabilities of Tenant hereunder by such Affiliate. "Affiliate" shall mean any corporation, limited liability company, partnership, sole proprietorship or other entity controlling, controlled by, or under common control with the Tenant. The term "control" (including the terms "controlling," "controlled by" and "under common control with") means the possession, directly or indirectly, of the power to direct or cause the direction of the management or the policies of an entity, whether through the ownership of voting securities, by contract or otherwise.
Assignment or Sublease by Tenant. Tenant may not voluntarily or by operation of law, assign or transfer this Lease, or sublease the whole or any part of the Leased Premises, without the prior written consent of Landlord, which consent is not to be unreasonably withheld. In either case, Landlord agrees to consent to an assignment or transfer to a credit worthy party who will conduct a business appropriate for the Demised Premises, but such consent shall not operate as a release of Tenant.
Assignment or Sublease by Tenant. Section 9.0l(d) of Lease is hereby deleted in its entirety and replaced with the following:
Assignment or Sublease by Tenant. Tenant shall not, either voluntarily or by operation of law, assign or transfer the leasehold interest granted by this Lease or any interest therein, without first obtaining the written consent of Landlord, which shall not be unreasonably withheld. A consent to one assignment or subletting shall not be deemed to be a consent to any subsequent assignment or subletting. Any such subsequent assignment or subletting shall be void, and shall, at the option of Landlord, constitute a default under the terms of this Lease. This paragraph shall not preclude the Tenant from assigning the rights under this agreement to a corporation in which the Tenant owns and retains a majority interest provided that no such assignment shall relieve the Tenant of any obligation to the Landlord contained herein.
Assignment or Sublease by Tenant. Tenant shall have the right, without notice to or consent of Landlord, to sublease or rent any portion or all of the Premises to any one or more entities in which Kitty Hawk Group, Inc., or Tenant hold a majority interest; the right with Landlord's reasonable approval to assign, sublease or rent to any other person or entity, A transfer of tenant's rights in the Sublease to his executor or heirs in the event of Tenant's death is a permitted assignment. Tenant shall not otherwise assign, sublease, mortgage, sell and lease back, hypothecate, or transfer all or any part of this Sublease, or any interest therein . Tenant acknowledges that , pursuant to the provisions of the Ground Lease, any assignment or sublease is also subject to obtaining the prior written approval of the Ground Lessor and also subject to certain other conditions set forth in the Ground Lease. If Tenant assigns or transfers all or any part of its interest in this Sublease or subleases the Premises, or any portion thereof, without first obtaining Ground Lessor's prior written approval and Landlord's prior written consent, such assignment, transfer or sublease shall be construed to be a material default by Tenant hereunder; however, Landlord may collect rent from such party in possession and apply the amount collected to the rent hereby reserved, but no such collection and application shall be considered a waiver of the requirements of this paragraph
Assignment or Sublease by Tenant. (a) Tenant shall not assign this Lease, sublet all or any part of the Premises or allow the Premises to be used or occupied by others (any such event being referred to herein as a “Transfer”), or mortgage or otherwise encumber its leasehold estate under this Lease or its property within the Premises, without Landlord’s prior written consent, except as specifically set forth herein.
(b) Tenant shall give Landlord at least thirty (30) days advance written notice of any proposed Transfer, stating all of the anticipated terms thereof. Tenant shall give Landlord not less than ten (10) days’ advance written notice containing all information reasonably requested by Landlord regarding the subtenant or assignee and its use of the Premises. Landlord shall then have a period often (10) business days following receipt of all such information within which to notify Tenant in writing of Landlord’s approval or disapproval of the proposed transferee. If Landlord disapproves the proposed transfer it must specify in such notice its reasons for disapproving same.
(c) Landlord agrees that it will only withhold its consent to a proposed Transfer if one of the following is true, which Tenant acknowledges would be a reasonable basis for Landlord to withhold it consent (i) Tenant is then in default in payment of any Stated Rentals under the Lease,
Assignment or Sublease by Tenant a) Tenant shall not assign or in any manner transfer this Lease or any interest therein nor sublet the Leased Premises or any part or parts thereof, nor permit occupancy by anyone without the prior written consent of Landlord. Consent by Landlord to one or more assignments of this Lease or to one or more sublettings of the Leased Premises shall not operate as a waiver of Landlord's rights under this Article. No assignment or subletting shall release Tenant of any of its obligations under this Lease or be construed or taken as a waiver of any of Landlord's rights hereunder. The acceptance of rent from someone other than Tenant shall not be deemed to be a waiver of any of the provisions of this Lease or consent to any assignment or subletting of the Leased Premises. Landlord shall have the right to terminate this Lease in the event of Tenant’s failure to comply with the terms of this Article.
b) Neither this Lease nor any interest therein shall pass to any trustees or receiver in bankruptcy, or any assignee for the benefit of creditors, or by operation of law. This Lease shall terminate automatically upon the happening of any one of the events in this subparagraph (b).
