Common use of Assignment to Affiliate Clause in Contracts

Assignment to Affiliate. Tenant may, upon notice to Landlord, but without Landlord's consent, assign this Lease to an Affiliate of Tenant (including, without limitation, pursuant to a Change of Control of Tenant as provided in Section 23.2); provided further an assignment pursuant to this Section 23.4.2 shall not be permitted in the event (i) the rental or other amounts to be paid by the proposed assignee thereunder would be based, in whole or in part, on the income or profits derived by such proposed assignee from the Facility or the Leased Property, (ii) the Landlord owns an interest, directly or indirectly (by applying the constructive ownership rules of Section 856(d)(5) of the Code) in the proposed assignee or (iii) the proposed assignment would cause (x) a portion of the amounts received by Landlord pursuant to this Lease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar successor provision thereto, or (y) any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. Furthermore, any assignment agreement entered into by Tenant shall expressly provide that the assignee shall furnish Landlord with such financial and operational information as Landlord may request from time to time.

Assignment to Affiliate. Tenant may, upon notice to Landlord, but without Landlord's consent, assign this Lease to an Affiliate of Tenant (including, without limitation, pursuant to a Change of Control of Tenant as provided in Section 23.2); and provided further an assignment pursuant to this Section 23.4.2 shall not be permitted in the event (i) the rental or other amounts to be paid by the proposed assignee thereunder would be based, in whole or in part, on the income or profits derived by such proposed assignee from the Facility or the Leased Property, (ii) the Landlord owns an interest, directly or indirectly (by applying the constructive ownership rules of Section 856(d)(5) of the Code) in the proposed assignee or (iii) the proposed assignment would cause (x) a portion of the amounts received by Landlord pursuant to this Lease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar successor provision thereto, or (y) any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. Furthermore, any assignment agreement entered into by Tenant shall expressly provide that the assignee shall furnish Landlord with such financial and operational information as Landlord may request from time to time.

Assignment to Affiliate. Tenant may, upon notice to Landlord, but without Landlord's consent, assign this Lease to an Affiliate of Tenant (including, without limitation, pursuant to a Change of Control of Tenant as provided in Section 23.2); provided further further, an assignment pursuant to this Section 23.4.2 shall not be permitted in the event (i) the rental or other amounts to be paid by the proposed assignee thereunder would be based, in whole or in part, on the income or profits derived by such proposed assignee from the Facility or the Leased Property, (ii) the Landlord owns an interest, directly or indirectly (by applying the constructive ownership rules of Section 856(d)(5) of the Code) in the proposed assignee or (iii) the proposed assignment would cause (x) a portion of the amounts received by Landlord pursuant to this Lease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar successor provision thereto, or (y) any other income of Landlord to fail to qualify as income described in Section 856(c)(2) of the Code. Furthermore, any assignment agreement entered into by Tenant shall expressly provide that the assignee shall furnish Landlord with such financial and operational information as Landlord may reasonably request from time to time.