Assignment Subletting and Other Transfers. 15.1.— Neither the Lease nor any part of the Premises may be assigned, mortgaged, subleased or otherwise transferred, nor may a right of use of any portion of the Premises be conferred on any person or entity by any other means, without the prior written consent of Landlord which shall not be unreasonably withheld, conditioned or delayed. Prior to effectuating any such assignment, sublease or other transfer, Tenant shall notify Landlord in writing of the name and address of the proposed transferee, and deliver to Landlord with such notice a true and complete copy of the proposed assignment agreement, sublease or other occupancy agreement, current financial statements of such proposed transferee, a statement of the use of the Premises by such proposed transferee and such other Information or documents as may be necessary or appropriate to enable Landlord to determine the qualifications of the proposed transferee together with a request that Landlord consent thereto (‘‘Tenant’s Notice”). Without limiting Landlord’s ability to deny or condition consent for any other reason, it shall not be considered unreasonable if Landlord’s consent to a proposed sublease, assignment or other transfer Is denied based on the following: (I) the business of the proposed transferee (A) is not compatible with the nature and character of the Park or the businesses in the Park and/or (B) will conflict with any exclusive uses or use restrictions that Landlord has granted to other occupants of the Perk, (ii) in the event of an assignment, the financial strength of the proposed assignee is not at least equal to the flnanclal strength of Tenant either at the time Tenant entered into this Lease or at the time of the proposed assignment (whichever Is greater), (iii) the proposed transferee will excessively overpark the Bullding and/or the Park with automobiles or trucks (excessively overpark shall mean that the proposed transferee“s parking will violate local parking restrictions or will interfere with other tenants occupying the Building or the Park), (iv) the proposed transferee cannot demonstrate to Landlord’s reasonable satisfaction the management skills or experience necessary, in Landlord’s reasonable opinion, to be successful in the Premises, (v) the proposed transferee has a record of environmental contamination or their anticipated use of the Premises involves the generation, storage, use, sale, treatment, release or disposal of any Hazardous Substances, or (vl) the proposed fo...
Assignment Subletting and Other Transfers. 11.01 TRANSFER
Assignment Subletting and Other Transfers a. Licensee shall not assign, sub-License, sublet or transfer any authorization granted herein, and such authorization shall not inure to the benefit of Licensee’s successors or assigns without the prior written consent of the Licensor, and may be subject to the Public Service Commission and other regulatory bodies’ review and approval. In the event such consents are granted by the Licensor, the provisions of the Agreement shall apply to and bind the Licensee’s successors and assigns. Provided, however, that either party may, without the consent of the other party, assign, sub-License, sublet or transfer any authorization granted herein to any parent or subsidiary corporation or to any corporation or other entity that controls, is controlled by or is under common control with such party, where "control" includes, but is not limited to, the direct or indirect ownership or voting control of more than fifty percent (50%) of the stock or other equity interest entitled to vote for the election of directors or equivalent governing body. In addition, either party may, without the consent of the other party, assign this Agreement and/or any of its rights hereunder pursuant to any merger, consolidation, or sale or exchange of substantially all of the assets or equity of that party.
b. Notwithstanding the foregoing, Licensee has authority to sublease, sublicense or use its dark fiber for any purpose otherwise in compliance with this Agreement and applicable laws.
Assignment Subletting and Other Transfers. 13.1 Transfer 17 13.2 Landlord’s Consent 13.3 Public Corporations 18 13.4 Landlord’s Termination Right 18 13.5 Acceptance of Rent 13.6 Conditions of Consent 13.7 Advertising of Premises
Assignment Subletting and Other Transfers. Tenant may assign the Lease or sublet the Premises, in whole or in part, for any legal use, without the consent of Landlord, provided that tenant remains liable under the Lease,
Assignment Subletting and Other Transfers. 8.1 CCC and TVA, and their successors and assigns, shall have the right, at any time and from time to time, to assign, sublease, license, and relinquish possession or control of or otherwise transfer or apportion, in whole or in part, their rights and/or interests (a) under this Agreement, or (b) in the System.
8.2 Neither party shall be prohibited or restricted by this Agreement from any merger or acquisition.
8.3 The obligations of both TVA and CCC under this Agreement shall be binding upon the parties' respective successors and assigns. TVA and CCC, as assignors under any transfer or assignment, will guarantee the obligations of the transferee.
Assignment Subletting and Other Transfers. 36 12.1 Transfers 36 12.2 Tenant’s Notice, Landlord’s Right to Terminate 37 12.3 Conditions of Transfer 38 12.4 Corporate Records 39 12.5 Permitted Transfers 39 12.6 No Advertising 39 12.7 Sales or Dispositions by Landlord 40 ARTICLE 13 - LANDLORD FINANCING AND STATUS CERTIFICATES 40 13.1 Subordination and Postponement 40 13.2 Attornment 40 13.3 Status Certificates 41 13.4 Reliance 41 iii 14.1 Damage to Premises 41 14.2 Abatement 42 14.3 Termination Rights 42 14.4 Landlord’s Rights on Rebuilding 42 ARTICLE 15 - DEFAULT AND REMEDIES 43 15.1 Events of Default 43 15.2 Remedies 44 15.3 Distress 45 15.4 Interest and Costs 45 15.5 Remedies Cumulative 45 ARTICLE 16 - MISCELLANEOUS 45 16.1 Relationship of Parties 45 16.2 Consent Not to be Unreasonably Withheld 45 16.3 Overholding 46 16.4 Registration 46 16.5 Unavoidable Delay 46 16.6 Decisions of Experts 47 16.7 Notices 47 16.8 Confidentiality, Personal Information 47 16.9 Power, Capacity and Authority 48 16.10 Liability of Landlord 48 16.11 Contra Proferentem 48 1. Indemnifier IA. Temporary Premises
Assignment Subletting and Other Transfers. 15.1.1 Subject to Sections 15.1.3, 15.1.4 and 15.1.5, Tenant may not assign this Lease, or sublet the Land Based Project, in whole or in part, without the City’s prior written consent (which may not be unreasonably withheld). No such assignment or sublease, even if so consented to, will be effective until the City receives and approves an executed counterpart of such assignment or sublease, in recordable form, under which the assignee assumes all obligations of Tenant under this Lease. This Article 15 shall not be construed to prevent Tenant from assigning its rights pursuant to Section 16 of the Master Agreement provided that Tenant complies with this Article 15. Notwithstanding the foregoing, Tenant may sublease individual premises within buildings that constitute part of the Land Based Project (for example, without limitation, a sublease of a restaurant facility) without the prior consent of the City; provided, however, that each such sublease will terminate upon the expiration or sooner termination of this Lease and will provide that such sublease is subject to all of the terms and conditions of this Lease.
15.1.2 Subject to Sections 15.1.3, 15.1.4 and 15.1.5, any transfer, whether voluntary, involuntary or by operation of law, or any issuance by Tenant, of shares of stock or other interests of a proprietary nature in Tenant or its successor which, whether through a transaction or series of transactions, results in the Trusts or their Permitted Transferee(s) (defined below) ceasing to own at least 51% of all of the issued and outstanding shares of stock and other interests of a proprietary nature in Tenant may not occur without the prior written consent of the City (which may not unreasonably be withheld).
Assignment Subletting and Other Transfers. 15 ARTICLE 12 – SURRENDER 16
Assignment Subletting and Other Transfers. 12.01 Request for Consent 12.02 Basis for Consent 12.03 Terms and Conditions Relating to Consents 12.04 Subsequent Transfers
