Common use of Assignment Subleasing Clause in Contracts

Assignment Subleasing. Tenant shall not assign this Lease or sublet the whole or any part of the Leased Property without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use. Notwithstanding such consent, Tenant shall remain liable to Landlord for the payment of all Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this Lease. Landlord's consent to any such transfer, assignment or sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder.

Appears in 1 contract

Samples: Facility Lease (Carematrix Corp)

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Assignment Subleasing. Tenant shall not assign this Lease or sublet the whole or any part of the Leased Property without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use. Notwithstanding such consent, Tenant shall remain liable to Landlord for the payment of all Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this Lease. Landlord's consent to any such transfer, assignment or sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder. In the event of a permitted sublease. Landlord shall have the right to elect to share equally in any profit to Tenant from subleasing of the Leased Property.

Appears in 1 contract

Samples: Lease (Phoenix Md Realty LLC)

Assignment Subleasing. The Tenant shall not assign this Lease assign, sublet, sub-sublet, or sublet license the whole or any part of the Leased Property leased premises without Landlord's ’s prior written consent, consent which consent shall not be unreasonably withheld or delayed; it being agreedprovided, however, that Landlord will give its consent Landlord, except as provided for below in Section 13.3, shall have the right (a) to receive and approve (in Landlord’s reasonable discretion) reasonable business, financial, and/or credit information of any sublease proposed assignee or assignment of all or any portion of subtenant, and (b) evidence that the Leased Property to an affiliate (i.e., an entity in common ownership proposed use is consistent with Tenant or wholly owned by Tenant or wholly owning Tenant) the permitted use of Tenant as defined in Section 8 of this lease, and (c) only at the then current market rents for similar rental space and of comparable term at comparable buildings in Boston all prior to granting of Landlord’s consent. Tenant shall not have the Permitted Useright to assign or sublet, or license the leased premises to another tenant in the Building unless Landlord is not able to provide such tenant with comparable size space in the Building or a prospective tenant currently in negotiations with the Landlord for space in the Building. Notwithstanding such consentconsent as described above, Tenant shall remain liable to Landlord for the payment of all Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, rent and for the full performance of the covenants and conditions of this Leaselease unless otherwise agreed by Landlord in Landlord’s sole discretion. Landlord's The granting of consent to any such transferan assignment, assignment or sublease will not be deemed a consent to any subsequent transfersubletting, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release license of the premises in one instance does not automatically grant the Tenant from the further performance of its obligations hereunderright to assign or sublet the premises in another instance.

Appears in 1 contract

Samples: Commercial Lease (Pine Technology Acquisition Corp.)

Assignment Subleasing. (a) With the exception of a tenant that would render the Leased Premises or a portion thereof a “tax-exempt use property” within the meaning of Section 168(h) of the Code, Tenant may assign its interest in this Lease and may sublet the Leased Premises in whole or in part, from time to time, to any Person without the consent of Landlord. Tenant shall not assign have no rights to mortgage or otherwise hypothecate its leasehold interest under this Lease or sublet Lease. (b) Each sublease of the whole Leased Premises or any part thereof shall be subject and subordinate to the provisions of this Lease. No assignment or sublease shall affect or reduce any of the Leased Property without Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) obligations of Tenant for the Permitted Usehereunder, and all such obligations shall continue in full force and effect as obligations of a principal and not as obligations of a guarantor, as if no assignment or sublease had been made. Notwithstanding such consentany assignment or subletting, Tenant shall continue to remain primarily liable to Landlord and responsible for the payment of all Base Rent, the Basic Rent and Additional Rent, Additional Charges, any other charges due hereunder, Rent and for the full performance of the covenants and conditions of all its other obligations under this Lease. Landlord's consent to any such transfer, No assignment or sublease will not be deemed a consent to shall impose any subsequent transfer, obligations on Landlord under this Lease except as otherwise provided in this Lease. Tenant agrees that in the case of an assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or subletTenant shall, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunder.within fifteen

Appears in 1 contract

Samples: Lease Agreement (DreamWorks Animation SKG, Inc.)

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Assignment Subleasing. Tenant shall not assign this Lease or sublet (which term, without limitation, shall include the granting of concessions, licenses, and the like) the whole or any part of the Leased Property Premises without in each instance having first received the express written consent of Landlord's prior written consent, which consent shall not be unreasonably withheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use. Notwithstanding any such consentassignment or subletting, Tenant shall remain liable to Landlord fully responsible for the payment of compliance with all Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants terms and conditions of this LeaseLease on the Tenant’s part to be performed. Landlord's consent Consent by Landlord to any such transfer, one assignment or sublease will shall not impair or waive this provision insofar as subsequent assignments or subleases are concerned, and all later assignments and subleases (except as hereinabove stated) shall likewise by made only on the prior written consent of Landlord (not to be deemed a unreasonably withheld or delayed) to the extent such consent is required hereunder as aforesaid. In any case where Landlord shall consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease subletting: any use of the Leased Premises by such sublet or assignment shall not violate any use restrictions; and apply such rent against any sums due it by Tenant shall remain fully liable for the obligations of Tenant hereunder, including, without limitation, the obligation to pay the rent and no such collection shall be construed to constitute a novation or a release of Tenant from the further performance of its obligations hereunderother amounts provided under this Lease.

Appears in 1 contract

Samples: Triple Net Lease

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