Assignment or Subletting by Tenant Clause Samples

Assignment or Subletting by Tenant. Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate or encumber this Lease, or any interest therein, and shall not sublet the Premises, or any part thereof, without obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned or delayed. In connection with any such assignment or sublease, Tenant or the assignee or subtenant of Tenant shall pay to Landlord any legal and administrative costs incurred by Landlord in approving such assignment or subletting, not to exceed $750.00. The acceptance of rent from any other party shall not be deemed to be a waiver of any of the provisions of this Lease, or deemed consent to the assignment or subletting of the Premises. Consent to any assignment or subletting shall not be deemed consent to any future assignment or subletting. Notwithstanding the foregoing, Tenant shall have the absolute right (without obtaining Landlord’s prior written consent which shall not be required) to assign this Lease in whole or in part or to sublet all or any portion of the Premises to: any affiliate controlling, controlled by or under common control with Tenant; an entity into which Tenant merges or consolidates; or to a purchaser of all or substantially all of the assets of Tenant, if the assignee or sublessee agrees, in writing delivered to Landlord, to abide by all the provisions under this Lease.

Assignment or Subletting by Tenant. 25 18 SIGNS, DISPLAYS AND ADVERTISING............................................................................................. 29 19

Assignment or Subletting by Tenant. 17.1 Except as may be specifically set forth in this section 17 of the Agreement, the Tenant shall not, by operation of law or otherwise: 17.1.1 assign, or purport to assign, this Agreement or any of the Tenant’s rights hereunder; 17.1.2 sublet, or purport to sublet, the Leased Premises or any portion thereof; 17.1.3 license, or purport to license, the use or occupancy of the Leased Premises or any portion thereof; 17.1.4 otherwise transfer, or attempt to transfer any interest including, without limiting the generality of the foregoing, a mortgage, pledge or security interest, in this Agreement, the Leased Premises or the right to the use and occupancy of the Leased Premises; or 17.1.5 indirectly accomplish, or permit or suffer the accomplishment of, any of the foregoing by merger or consolidation with another entity, by acquisition or disposition of assets or liabilities outside the ordinary course of the Tenant’s business or by acquisition or disposition, by the Tenant’s equity owners or subordinated creditors, of any of their respective interests in the Tenant. 17.2 The Tenant shall not assign this Agreement or any of the Tenant’s rights hereunder or sublet the Leased Premises or any portion thereof without first giving three (3) months’ prior notice to the Landlord of its desire to assign or sublet and requesting the Landlord’s consent and without first receiving the Landlord’s prior written consent, such consent not to be unreasonably withheld, conditioned or delayed. The Tenant’s notice to the Landlord shall include: 17.2.1 the full name, address and telephone number of the proposed assignee or sublessee; 17.2.2 a description of the type(s) of business in which the proposed assignee or sublessee is engaged and proposes to engage; 17.2.3 a description of the precise use to which the proposed assignee or sublessee intends to put the Leased Premises or portion thereof; 17.2.4 the proposed assignee’s or subtenant’s most recent quarterly and annual financial statements prepared in accordance with generally accepted accounting principles and any other evidence of financial position and responsibility that the Tenant or proposed assignee or sublessee may desire to submit; 17.2.5 by diagram and measurement of the actual square feet of floor space, the precise portion of the Leased Premises proposed to be subject to the assignment of this Agreement or to be sublet; 17.2.6 a complete, accurate and detailed description of the terms of the proposed assignment or...

Assignment or Subletting by Tenant. Tenant shall not assign this lease or any interest herein, or sublet the leased premises or any part thereof or any right or privilege appurtenant thereto, or allow any person other than Tenant and its agents, employees, patients and medical staff to occupy or use the premises or any part thereof without Landlord's written consent (and the consent of any mortgagee of the premises). This section shall not prohibit assignment to affiliated entities of Tenant so long as the assignee complies with subdivisions (a) and (e) of this section. Any unauthorized assignment or sublease shall be voidable and shall constitute a breach of this lease at Landlord's option. Landlord and any mortgagee shall not unreasonably withhold its consent to assignment or subletting of this lease. The Landlord (and any mortgagee) may withhold its consent if any of the following facts do not exist: (a) Assignee or sublessee agrees in writing to be bound by all terms, conditions and obligations under this lease and the Agreement between the parties of even date herewith. (b) In landlord's reasonable opinion the proposed assignee or sublessee has assets sufficient to operate the premises and to meet the obligations of Tenant. (c) Assignee or sublessee has both the reputation and the experience in rendering long term care similar to Tenant's reputation and experience. (d) Assignee's or sublessee's proposed use is permitted by the use provision of this lease. (e) The proposed assignee or sublessee promptly obtains licensure approval after the assignment or sublease and in any event in accordance with applicable Kentucky statutes and regulations. (f) Any other reasonable factor as determined by Landlord or Landlord's mortgagee. In the event Landlord or a mortgagee refuses to grant such consent and if Tenant wishes to contest Landlord's or mortgagee's decision, then Tenant's sole remedy shall be for injunctive relief and not for any form of damages or costs. It shall not be unreasonable to withhold said consent if Tenant is in default of this lease at such time. Any such assignment or sublease shall be subject to the terms of this lease and Tenant and guarantors shall remain primarily liable to Landlord for the full performance of duties and obligations under this lease.

Assignment or Subletting by Tenant. Tenant shall not have ---------------------------------- the right to assign, sublet or transfer any or all of its rights and privileges under this Agreement, without the prior written consent of Landlord, which shall not be unreasonably withheld, except that Tenant may assign this Agreement to any purchaser of Tenant's methanol plant as a going concern.

Assignment or Subletting by Tenant. 17.1. Except as may be specifically set forth in this section 17 of the Agreement, the Tenant shall not: 17.1.1. assign, or purport to assign, this Agreement or any of the Tenant's rights hereunder; 17.1.2. sublet, or purport to sublet, the Leased Premises or any portion thereof; 17.1.3. license, or purport to license, the use or occupancy of the Leased Premises or any portion thereof; 17.1.4. otherwise transfer, or attempt to transfer any interest including, without limiting the generality of the foregoing, a mortgage, pledge or security interest, in this Agreement, the Leased Premises or the right to the use and occupancy of the Leased Premises; or

Assignment or Subletting by Tenant. TENANT may not assign this Lease or sublet the Demised Premises without the prior written permission of LANDLORD. LANDLORD shall reply in writing within fifteen (15) days of TENANT’S written request to assign this Lease or sublet the Demised Premises or such request shall be deemed approved hereunder. The written permission of LANDLORD pursuant to this paragraph shall not be unreasonably withheld, conditioned or delayed. Unless LANDLORD and TENANT agree to the contrary in writing, in the event of an assignment of this Lease, TENANT shall remain liable for the performance of all TENANTS obligations pursuant to this Lease. Should any subletting or assignment result in the receipt by TENANT of any amounts in excess of the amounts due to LANDLORD pursuant to the terms of this Lease, including but not limited to annual basic rent or additional rent, TENANT shall pay or cause to be paid to LANDLORD fifty percent (50%) of such increase or increases, after TENANT deducts all reasonable costs associated with finding, securing and placing any subtenant(s) or assignee(s).

Assignment or Subletting by Tenant