Assignment; Subletting; Transfers Clause Samples

Assignment; Subletting; Transfers. (a) Tenant acknowledges that the FCRHA has examined and relied on (i) the creditworthiness and experience of Tenant, and (ii) Tenant’s or its Affiliate’s (if applicable) management and operation of properties such as the Project, in agreeing to lease the Premises to Tenant pursuant to the terms and conditions of this Lease. Except as otherwise specifically provided in this Section 10.01: (i) neither this Lease nor any interest of Tenant in this Lease, shall be sold, assigned, or otherwise transferred, whether by operation of law or otherwise; (ii) Tenant shall not sublet, license or otherwise permit the use or occupancy of all or any portion of the Premises (except in connection with (A) a Residential Lease or other leases typically entered into in connection with ancillary or incidental uses typically found in residential apartment projects or (B) any easements to which the FCRHA grants its prior written consent); and (iii) Nor shall any of the: (A) general or limited partnership interests of Tenant (if Tenant is a partnership), or (B) membership interests of Tenant (if Tenant is a limited liability company), or (C) issued or outstanding capital stock of Tenant (if Tenant is a corporation) be (voluntarily or involuntarily) sold, assigned, transferred, pledged or encumbered, whether by operation of law or otherwise, nor shall any voting trust or similar agreement be entered into with respect to such stock, nor any reclassification or modification of the terms of such stock take place, nor shall there be any merger or consolidation of such corporation into or with another corporation nor shall additional stock (or any warrants, options or debt securities convertible, directly or indirectly, into such stock) in any such corporation be issued if the issuance of such additional stock (or such other securities, when exercised or converted into stock), will result in a change of the controlling stock ownership of such corporation as held by the shareholders thereof as of the Commencement Date, provided however, Tenant may transfer such partnership interests, membership interests or capital stock (as applicable) (X) so long as Control of Tenant does not change (i.e., the possession of power to direct or cause the direction of the management and policy of Tenant remains the same as prior to such transfer of interests or capital stock) or (Y) in accordance with Section 38.02 below (if change of Control of Tenant would occur); and such transfer made in accordance wi...