Common use of Assignments, Subleases and Transfers Clause in Contracts

Assignments, Subleases and Transfers. The Tenant shall not enter into, consent to, or permit any Transfer without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld but shall be subject to the Landlord's rights under Section 8.02. Notwithstanding any statutory provision to the contrary, it shall not be considered unreasonable for the Landlord to take into account the following factors in deciding whether to grant or withhold its consent: (a) whether such Transfer is in violation or in breach of any covenants or restrictions made or granted by the Landlord to other tenants or occupants or prospective tenants or occupants of the Building; (b) whether in the Landlord's opinion, the financial background, business history and capability of the proposed Transferee is satisfactory; and (c) if the Transfer is to an existing tenant of the Landlord. Consent by the Landlord to any Transfer if granted shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. This prohibition against Transfer shall include a prohibition against any Transfer by operation of law and no Transfer shall take place by reason of the failure of the Landlord to give notice to the Tenant within 30 days as required by Section 8.02. Notwithstanding anything to the contrary herein contained, the Tenant may not assign this Lease while any Rent is in arrears hereunder or while any other Event of Default exists hereunder. Before making any assignment of this Lease the Tenant will pay all Rent in arrears and will remedy any Event of Default which then exists or will cause any Event of Default to cease to exist.

Appears in 3 contracts

Samples: Lease (Braintech Inc/Bc), Lease (Sideware Systems Inc), Phon Net Com Inc

AutoNDA by SimpleDocs

Assignments, Subleases and Transfers. The Tenant shall not enter into, consent to, or permit any Transfer without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld or delayed, but shall be subject to the Landlord's rights under Section 8.02sections 9.2 and 9.3. Notwithstanding any statutory provision to the contrary, it It shall not be considered unreasonable for the Landlord to take into account the following factors in deciding whether to grant or withhold its consent: (a) whether such Transfer is in violation or in breach of any covenants or restrictions made or granted by the Landlord to other tenants or occupants or prospective tenants or occupants of the Building; (b) whether whether, in the Landlord's reasonable opinion, the financial background, business history history, and capability of the proposed Transferee is satisfactory; and (c) if the Transfer is to an existing tenant of the Landlord. Consent by the Landlord to any Transfer Transfer, if granted granted, shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. This prohibition against Transfer shall include a prohibition against any Transfer by operation of law and no Transfer shall take place by reason of the failure of the Landlord to give notice to the Tenant within 30 days as required by Section 8.02law. Notwithstanding anything to the contrary herein containedcontained herein, Tenant shall have the Tenant may not right to assign this Lease while and/or to sublet all or any Rent is in arrears hereunder or while any other Event portion of Default exists hereunder. Before making any assignment the Premises to, and none of the provisions of this Lease Section 9.1 shall apply to an assignment or subletting to (i) any corporation, entity or person which controls, is controlled by or is under common control of Tenant or in which Tenant directly or indirectly owns at least a 50% interest or to (ii) any corporation, entity or person into which Tenant is merged or which acquires Tenant or all or substantially all of its assets; provided that any such transferee has, to Landlord's reasonable satisfaction, the financial wherewithal to comply with the remaining obligations under this Lease. Tenant shall not be released from its obligations under this Lease, unless Landlord has so consented in writing, which consent will pay all Rent in arrears and will remedy any Event of Default which then exists not be unreasonably withheld or will cause any Event of Default to cease to existdelayed.

Appears in 1 contract

Samples: Lease (Aviation Sales Co)

AutoNDA by SimpleDocs

Assignments, Subleases and Transfers. 10.01 The Tenant shall not enter into, consent to, to or permit any Transfer without the prior written consent of the Landlord in each instance, which consent shall not be unreasonably withheld but shall be subject to the Landlord's ’s rights under Section 8.0210.02. Notwithstanding any statutory provision to the contrary, it shall not be considered unreasonable for the Landlord to take into account the following factors in deciding whether to grant or withhold its consent: (a) whether such Transfer is in violation or in breach of any covenants or restrictions made or granted by the Landlord to other tenants or occupants or prospective tenants or occupants of the BuildingProject; (b) whether in the Landlord's ’s opinion, the financial background, business history and capability of the proposed Transferee is satisfactory; and (c) if the Transfer is to an existing tenant of the Landlord. Consent by the Landlord to any Transfer if granted shall not constitute a waiver of the necessity for such consent to any subsequent Transfer. This prohibition against Transfer shall include a prohibition against any Transfer by operation of law and no Transfer shall take place by reason of the failure of the Landlord to give notice to the Tenant within 30 days as required by Section 8.02. Notwithstanding anything to the contrary herein contained, the Tenant may not assign this Lease while any Rent is in arrears hereunder or while any other Event of Default exists hereunder. Before making any assignment of this Lease the Tenant will pay all Rent in arrears and will remedy any Event of Default which then exists or will cause any Event of Default to cease to exist10.02.

Appears in 1 contract

Samples: Lease (Primerica, Inc.)

Time is Money Join Law Insider Premium to draft better contracts faster.