Common use of ASSIGNMENT, SUBLETTING, ETC Clause in Contracts

ASSIGNMENT, SUBLETTING, ETC. (a) Tenant, for itself: its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the demised Premises or any part thereof to be used by others, without the prior written consent of Landlord in each instance which consent will not be unreasonable withheld provided any assignee or subtenant financial and credit condition is acceptable to Landlord. If this Lease be assigned, or if the demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant herein contained. The consent by Landlord to an assignment or underletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

Appears in 1 contract

Samples: Agreement of Lease (Tangoe Inc)

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ASSIGNMENT, SUBLETTING, ETC. (a) A. Tenant, for itself: , its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the demised Demised Premises or any part thereof to be used by others, without the prior written consent of Landlord in each instance which consent will shall not be unreasonable withheld provided any assignee unreasonably withheld, conditioned or subtenant financial and credit condition delayed. The sale or transfer of stock control, if Tenant be a corporation, shall be deemed an assignment of this Lease unless (a) such sale or transfer is acceptable made to Landlorda publicly owned corporation, (b) it involves the sale or issuance of securities registered under the Securities Act of 1933, as amended, (c) it is made amongst the existing stockholders of Tenant, or (d) it results from the death of a stockholder of Tenant. If this Lease be assigned, or if the demised Demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any way wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

Appears in 1 contract

Samples: Lease (Amedia Networks, Inc.)

ASSIGNMENT, SUBLETTING, ETC. Section 22.01. Tenant, other than pursuant to the provisions of this Lease, shall not, whether voluntarily, involuntarily, by operation of law or otherwise (a) assign or otherwise transfer this Lease or the Term and estate hereby granted, (b) sublet the Premises or any part thereof, or allow the same to be used, occupied or utilized by any one other than Tenant, for itself: its heirsor (c) mortgage, executorspledge, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage encumber or encumber otherwise hypothecate this Lease, nor underlet, Lease or suffer or permit the demised Premises or any part thereof to be used by othersin any manner whatsoever, without in each instance obtaining the prior written consent of Landlord in each instance which consent will as to (a) and (b) above shall not be unreasonable unreasonably withheld conditioned or delayed, provided any assignee or subtenant financial that Tenant has strictly complied with the provisions of Section 22.03, 22.04 and credit condition is acceptable to Landlord. If this Lease be assigned, or if the demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver 22.06 of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant herein containedLease. The consent by Landlord to an assignment assignment, subletting or underletting use or occupancy by others shall not in any way be construed considered to relieve Tenant from obtaining the express consent in writing of Landlord to any other or further assignment assignment, or underlettingsubletting or use or occupancy by others not expressly permitted by this Article. If Landlord fails to respond to request for consent within fifteen (15) days after Tenant's written request and no Act of Default exists at such time, nor consent shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunderbe deemed given.

Appears in 1 contract

Samples: Amended Lease (Credit Suisse First Boston Usa Inc)

ASSIGNMENT, SUBLETTING, ETC. (a) A. Tenant, for itself: , its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the demised Demised Premises or any arty part thereof to be used by others, without the prior written consent of Landlord in each instance which consent will not instance. Similarly, the sale or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity shall also be unreasonable withheld provided any assignee or subtenant financial and credit condition is acceptable to Landlorddeemed an assignment of this Lease. If this Lease be assigned, or if the demised Demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any way wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

Appears in 1 contract

Samples: Lease and Consolidation Agreement (Fundtech LTD)

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ASSIGNMENT, SUBLETTING, ETC. Not to assign or transfer this Lease or to sublease (awhich term shall be deemed to include the granting of concessions and licenses and the like) Tenant, for itself: its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage all or encumber any part of this Lease, nor underlet, Premises or suffer or permit this Lease or the demised Premises leasehold estate hereby created or any part thereof other rights arising under this Lease to be used assigned or transferred, in whole or in part, whether voluntarily, involuntarily or by others, without the prior written consent operation of Landlord in each instance which consent will not be unreasonable withheld provided any assignee or subtenant financial and credit condition is acceptable to Landlord. If this Lease be assignedlaw, or if permit the demised occupancy of the Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such Tenant without obtaining written permission of Landlord. Any attempted assignment, underlettingtransfer, occupancy sublease or collection other transfer without Landlord's written permission, shall be void. In the event Landlord gives its written permission to an assignment or subletting of premises, in whole or in part, same shall not be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from any liability to Landlord under this Lease. Notwithstanding the further performance above, Tenant may grant a leasehold mortgage on its tenancy hereunder to it or its affiliates' present institutional lenders. Notwithstanding the foregoing, the Tenant may at any time and from time to time (i) transfer or assign this to any affiliate, subsidiary, parent or other person or entity controlled by Tenant, controlling Tenant or under common control of tenant. Notwithstanding the above shall be deemed a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant herein contained. The consent by Landlord to an assignment or underletting shall not in any way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, liability under this Lease, and Tenant shall continue fully liable in all respects hereunderlease.

Appears in 1 contract

Samples: High Voltage Engineering Corp

ASSIGNMENT, SUBLETTING, ETC. (a) Tenant, for itself: , its heirs, --------------------------- executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the demised Premises premises or any part thereof to be used by others, without the prior written consent of Landlord in each instance which consent will not be unreasonable withheld provided any assignee or subtenant financial and credit condition is acceptable to Landlordinstance. If this Lease be assigned, or if the demised Premises premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default be by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Ten ant Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any way wise be construed to relieve Tenant from obtaining the express consent in writing writing, of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

Appears in 1 contract

Samples: Medicore Inc

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