Assignment Subletting and Subordination Sample Clauses

Assignment Subletting and Subordination. (a) Tenant shall not mortgage, pledge, assign or in any manner (including, without limitation, by operation of law) transfer or permit the transfer of this Lease or any estate or interest in this Lease, or effectuate a change in control of Tenant, without the prior written consent of Landlord, nor sublet all or any part of the Premised without like consent, nor permit the use of all or any part of the premises by any person or entity other than Tenant without like consent (any such assignment, transfer, subletting or use is hereinafter called an “Assignment”). In each case, Xxxxxxxx’s consent may be reasonably withheld by Landlord. Any consent by Landlord to any Assignment of the Premises shall not constitute a waiver of the necessity of Landlord’s consent for any subsequent Assignment. Xxxxxx agrees to pay Xxxxxxxx’s reasonable legal fees in connection with Xxxxxxxx’s consideration of any request by Tenant for consent under this section. Any Assignment of this Lease, whether or not consented to by Landlord, shall not relieve Tenant from its primary liability for payment of rent or any other charges due, or from any other obligations of the Tenant under this Lease.
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Assignment Subletting and Subordination. Lessee agrees not to assign ---------------------------------------- or in any manner transfer this Lease or any estate or interest therein without the previous written consent of Lessor, such consent will not be unreasonably withheld, and not to sublet the Premises or any part or parts thereof or allow anyone to use the Premises or to come in with the Lessee, either through or under the Lease, without like consent. Lessor may assign this lease, or the rentals paid hereunder, or both, in its sole discretion, as additional security for any mortgage or trust deed on the Property or otherwise, and Lessor also reserves the right and Lessee hereby agrees that on request of Lessor this Lease shall be subordinated to any mortgages or trust deed which may hereafter be placed on the Property and to any and all advances to be made thereunder, and to the interest thereof, and all renewals, replacements, and extension thereof.
Sample 1
Assignment Subletting and Subordination a) Except for a Permitted Assignment (defined below), Tenant shall not mortgage, pledge, assign or in any manner (including, without limitation, by operation of law) transfer or permit the transfer of this Lease or any estate or interest in this Lease, or effectuate a change in control of Tenant or of any guarantor of this Lease, without the prior written consent of Landlord, nor sublet all or any part of the Premises without like consent, nor permit the use of all or any part of the Premises by any person or entity other than Tenant without like consent. (Any such assignment, transfer, subletting or use is hereinafter called an “Assignment”.) In each case, Landlord’s consent shall not be unreasonably withheld. Any consent by Landlord to any Assignment of the Premises shall not constitute a waiver of the necessity of Landlord’s consent for any subsequent Assignment. Tenant agrees to pay Landlord’s legal fees in connection with Landlord’s consideration of any request by Tenant for consent under this paragraph 15. Notwithstanding the foregoing, Tenant may assign this Lease to an affiliate or a successor of Tenant, including, without limitation, any liquidating or other trust that may be established with approval of the United States Bankruptcy Court for the District of Delaware in the chapter 11 cases of Tenant and its debtor affiliates (Case No. 09-13931 (KJC)) (“Permitted Assignment”).
Sample 1
Assignment Subletting and Subordination. Tenant shall not assign or sublease this Lease or the Leased Premises without the express prior written consent of Landlord. At all times, Landlord shall have the right to convey the Leased Premises (or any adjacent property) whether by sale, lease, financing, or otherwise. If the Leased Premises is sold, Tenant shall only look to the new owner/new landlord for any refund of Tenant’s security deposit and pet deposit (if any). This Lease is and shall always be subordinate to any mortgage, deed of trust or other financings of the Leased Premises, including any renewals, modifications or replacements thereof.
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Assignment Subletting and Subordination 
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Related to Assignment Subletting and Subordination

  • ASSIGNMENT, SUBLETTING AND MORTGAGING 11.1 Neither Tenant, nor Tenant's successors or assigns, shall (unless expressly permitted to do so) assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet the Demised Premises, in whole or in part, or permit the same or any portion thereof to be used or occupied by others, without the prior consent in writing and approval of credit by Landlord in each instance which consent shall not be unreasonably withheld, conditioned or delayed. If this Lease be so assigned or transferred, or if all or any part of the Demised Premises be sublet or occupied by anybody other than Tenant, Landlord may collect rent from the assignee, transferee, subtenant or occupant, and apply the net amount collected to the rent reserved herein, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any agreement, term, covenant or condition of this Lease, or the acceptance of the assignee, transferee, subtenant or occupant as tenant, or a release of Tenant from the performance or further performance by Tenant of the terms, covenants and conditions of this Lease, and Tenant shall continue to be liable under this Lease. The consent by Landlord to an assignment, mortgage, pledge, encumbrance, transfer, management contract or subletting shall not be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment, mortgage, pledge, encumbrance, transfer, management contract or subletting. Landlord shall have the right to reasonably withhold its consent to an assignment or subletting, mortgage, pledge or other encumbrance. Notwithstanding anything to the contrary herein contained, an assignment of this Lease shall include, without limitation the following: (a) if Tenant shall be a corporation and fifty percent (50%) or more of its voting stock or all or substantially all its assets shall be sold, mortgaged, assigned, pledged, encumbered or otherwise transferred (other than as collateral security for a bona fide loan to a bona fide lender) (and whether in one (1) single transaction or in more than one (1) successive transaction); or (b) if Tenant shall be a partnership, limited liability company, joint venture, syndicate or other group and all or any portion of the interest of any partner, member or other equity holder shall be sold or otherwise transferred (however this provision shall not, as to a corporation or other entity whose stock or other equity interests are publicly traded on a recognized stock exchange, be applicable to sales of stock or other equity interests on such stock exchange). Notwithstanding the forgoing, Tenant may sublease or assign all or a portion of the Premises to an affiliate, parent, subsidiary or operating division of Tenant, or to any entity acquiring all or substantially all of the Tenant’s assets or stock without Landlord’s approval. Tenant shall give Landlord notice of said sublease or assignment.

  • Assignment and Subletting (a) Except as provided in subsection (d) below, without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, Tenant may not sublease, assign, mortgage, pledge, hypothecate or otherwise transfer or permit the transfer of this Lease or the encumbering of Tenant’s interest therein in whole or in part, by operation of Law or otherwise or permit the use or occupancy of the Premises, or any part thereof, by anyone other than Tenant, provided, however, if Landlord chooses not to recapture the space proposed to be subleased or assigned as provided in Section 10.2, Landlord shall not unreasonably withhold, delay or condition its consent to a subletting or assignment under this Section 10.1. Tenant agrees that the provisions governing sublease and assignment set forth in this Article Ten shall be deemed to be reasonable. If Tenant desires to enter into any sublease of the Premises or assignment of this Lease, Tenant shall deliver written notice thereof to Landlord (“Tenant’s Notice”), together with the identity of the proposed subtenant or assignee and the proposed principal terms thereof and financial and other information sufficient for Landlord to make an informed judgment with respect to such proposed subtenant or assignee at least twenty (20) days prior to the commencement date of the term of the proposed sublease or assignment. Landlord shall notify Tenant in writing of its approval or disapproval of the proposed sublease or assignment or its decision to exercise its rights under Section 10.2 within fifteen (15) days after receipt of Tenant’s Notice (and all required information). In no event may Tenant sublease any portion of the Premises or assign the Lease to any other tenant of the Project if Landlord has space then available that would satisfy such other tenant’s space needs. Tenant shall submit for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed) any advertising which Tenant or its agents intend to use with respect to the space proposed to be sublet.

  • Subletting and Assignment Subject to the provisions of Article 19 and Section 20.2 and any other express conditions or limitations set forth herein, Lessee may, but only with the consent of Lessor (which shall not be unreasonably withheld or delayed), (a) assign this Lease or sublet all or any part of the Leased Property to an Affiliate of Lessee, or (b) sublet any retail or restaurant portion of the Leased Improvements in the normal course of the Primary Intended Use; provided that any subletting to any party other than an Affiliate of Lessee shall not individually as to any one such subletting, or in the aggregate, materially diminish the actual or potential Percentage Rent payable under this Lease. In the case of a subletting, the sublessee shall comply with the provisions of Section 20.2, and in the case of an assignment, the assignee shall assume in writing and agree to keep and perform all of the terms of this Lease on the part of Lessee to be kept and performed and shall be, and become, jointly and severally liable with Lessee for the performance thereof. Notwithstanding the above, Lessee may assign the Lease to an Affiliate without the consent of Lessor; provided that any such assignee assumes in writing and agrees to keep and perform all of the terms of the Lease on the part of Lessee to be kept and performed and shall be and become jointly and severally liable with Lessee for the performance thereof. In case of either an assignment or subletting made during the Term, Lessee shall remain primarily liable, as principal rather than as surety, for the prompt payment of the Rent and for the performance and observance of all of the covenants and conditions to be performed by Lessee hereunder. An original counterpart of each such sublease and assignment and assumption, duly executed by Lessee and such sublessee or assignee, as the case may be, in form and substance satisfactory to Lessor, shall be delivered promptly to Lessor.

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