Common use of Certain Transfers Clause in Contracts

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s consent shall not be required for the assignment of this Lease as a result of a merger by Tenant with or into another entity, as the result of a transfer of all or substantially all of Tenant’s assets, or as the result of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, a “Permitted Transfer” herein), so long as (i) the net worth of the successor entity after such Permitted Transfer is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfer, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transfer, except for the provisions of Section 9.1 which shall not apply.

Certain Transfers. The following shall be deemed to constitute an assignment of this Lease: (a) the sale of all or substantially all of Tenant’s assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association), or a partnership, (b) the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of Tenant to a single entity which constitutes more than fifty percent (50%)(except for publicly traded shares 50%) of Tenant’s voting stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s consent shall not be required for the assignment of this Lease as a result of a merger to: (A) any person(s) or entity who controls, is controlled by or is under common control with Tenant, (B) to any entity resulting from the merger, consolidation or other reorganization with Tenant, whether or not Tenant with or into another is the surviving entity, as the result of a transfer of or (C) to any person or legal entity which acquires all or substantially all of Tenant’s assets, the assets or as the result stock of the acquisition of Tenant’s shares of the stock or other ownership interests Tenant (each of the foregoing, a foregoing is hereinafter referred to as “Permitted Transfer” herein”), so long as (i) the net worth of the successor or reorganized entity after such Permitted Transfer is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted TransferLandlord, evidence of which, reasonably satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements Section 9.2 and 9.3 (but not of this Article Section 9.1) shall apply with respect to such Permitted Transferassignment. For purposes of this Section 9.4, except for the provisions a public or private offering of Section 9.1 which Tenant debt or equity shall not applybe deemed an assignment of this Lease.

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales Notwithstanding anything to the contrary contained in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoingArticle IX, Landlord’s consent shall not be required for and Tenant may, without Landlord’s prior written consent and without constituting an assignment or sublease hereunder, sublet the assignment of this Premises or assign the Lease as a result of a merger to (A) an entity controlling, under common control with or controlled by Tenant with (“Affiliate”), (B) a successor entity related to Tenant by purchase, merger, consolidation, nonbankruptcy reorganization, or into another entitygovernment action, as the result or (C) a purchaser of a transfer of all or substantially all of Tenant’s assetsassets located in the Premises ((A), or (B) and (C) are collectively referred to herein as the result of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, a “Permitted TransferTransferees” hereinand individually as a “Permitted Transferee” and transfers to such Permitted Transferees shall be collectively referred to herein as “Permitted Transfers”), so long as (i) the net worth of the successor entity after such Permitted Transfer Transferee is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfer, or, in Landlord’s reasonable determination, such Permitted Transferee has sufficient net worth to perform Tenant’s obligations under this Lease, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements Section 9.2 and 9.3 (but not of this Article Section 9.1) shall apply with respect to such Permitted Transfer, except for the provisions . A sale or transfer of Section 9.1 which Tenant’s capital stock shall not applybe deemed an assignment, subletting or any other transfer of this Lease or the Premises.

Certain Transfers. The following shall be deemed to constitute an assignment of this Lease; (a) the sale of all or substantially all of Tenant’s assets (other than bulk sales in the ordinary course of business), (b) or, if Tenant is a corporation, an unincorporated association, a limited liability company or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, limited liability company or partnership in the aggregate of fifty percent (50%)(except 50%) (except for publicly traded shares of stockstock constituting a transfer of fifty percent (50%) or more in the aggregate, so long as no change in the controlling interest of Tenant occurs as a result thereof), or (c) any other direct or indirect change of control of Tenant, including, without limitation, change of control of Tenant’s parent company or a Permitted Transfer by Tenant or its parent company; provided, however, that this provision shall be deemed not apply to an assignment within initial public offering of the meaning and provisions securities of this ArticleTenant or if Tenant is a publicly traded company. Notwithstanding the foregoing, Landlord’s consent shall not be required for the assignment of this Lease as or a result of a merger by Tenant with or into another entity, as the result of a transfer sublease of all or substantially all of Tenant’s assets, or as the result a portion of the acquisition Premises to an “Affiliate” (as hereinafter defined) of Tenant’s shares of the stock or other ownership interests Tenant (each of the foregoingcollectively, a “Permitted Transfer” herein”), so long as (i) the net worth “Net Worth” (as hereinafter defined) of the successor or reorganized entity after such Permitted Transfer is at least equal to the greater of the net worth Net Worth of Tenant as of the execution of this Lease by Landlord or the net worth Net Worth of Tenant immediately prior to the date of such Permitted Transfer, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer or reorganization and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements Section 9.2 and 9.3 (but not of this Article Section 9.1) shall apply with respect to such Permitted Transfer, except for the provisions of Section 9.1 which shall not apply.. “Net Worth” means tangible net worth

Certain Transfers. The following shall be deemed to constitute an assignment of this Lease; (a) the sale of all or substantially all of Tenant’s 's assets (other than bulk sales in the ordinary course of business), (b) or, if Tenant is a corporation, an unincorporated association, a limited liability company or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, limited liability company or partnership in the aggregate of fifty twenty-five percent (50%)(except 25%) (except for publicly traded shares of stockstock constituting a transfer of twenty-five percent (25%) shall be deemed an assignment within or more in the meaning and provisions aggregate, so long as no change in the controlling interest of this ArticleTenant occurs as a result thereof), or (c) any other direct or indirect change of control of Tenant, including, without limitation, change of control of Tenant's parent company or a merger by Tenant or its parent company. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for the assignment of this Lease as a result of of: (A) a merger by Tenant with or into another entityentity or a consolidation or a reorganization of Tenant, as the result of (B) a transfer sale of all or substantially all of the assets or stock of Tenant’s assets, or as (C) the result assignment of the acquisition of Tenant’s shares of the stock this Lease to an entity controlling, controlled by or other ownership interests under common control with Tenant (each of the foregoingcollectively, a “Permitted Transfer” herein"PERMITTED TRANSFER"), so long as (i) the net worth of the successor or reorganized entity after such Permitted Transfer is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfer, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements Section 9.2 and 9.3 (but not of this Article Section 9.1) shall apply with respect to such Permitted Transfer, except for the provisions of Section 9.1 which shall not apply.

Certain Transfers. The sale Section 9.4 of the Lease entitled “Certain Transfers” is hereby amended to provide that notwithstanding any other provision in the Lease to the contrary, (A) Landlord’s consent shall not be required for the subletting of all or substantially all any portion of Tenant’s assets (other than bulk sales in the ordinary course of business) orPremises to any entity controlling, if Tenant is a corporation, an unincorporated associationunder common control with, or controlled by Tenant (a partnership“Tenant Affiliate”), the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent and (50%)(except for publicly traded shares of stockB) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s consent shall not be required for the assignment of this Lease to a Tenant Affiliate, or as a result of a sale of all or substantially all of Tenant’s assets, the sale of the capital stock of Tenant, or as the result of a merger by Tenant with or into another entity, as the result entity or a reorganization of a transfer of all or substantially all of Tenant’s assets, or as the result of the acquisition of Tenant’s shares of the stock or other ownership interests Tenant (each of the foregoing, a “Permitted Transfer” herein”), so long as (i) the net worth of the successor or reorganized entity after such Permitted Transfer is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfer, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements of this Article Section 9.2 and 9.3 (but not of Section 9.1) shall apply with respect to such Permitted Transfer, except for the provisions of Section 9.1 which shall not applyassignment.

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales Notwithstanding anything to the contrary contained in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoingArticle IX, Landlord’s 's consent shall not be required for the assignment of this Lease as Lease, or to a result subletting of the Premises, to (a) a merger subsidiary, affiliate, division or corporation controlling, controlled by or under common control with Tenant, (b) a successor corporation to Tenant with by merger, consolidation, non-bankruptcy reorganization, or into another entitygovernment action, as the result or (c) a purchaser of a transfer of all or substantially all of Tenant’s assets, or as 's assets located in the result of the acquisition of Tenant’s shares of the stock or other ownership interests Premises (each of the foregoingcollectively, a “Permitted Transfer” "Tenant Affiliate" herein), so long as (i) the net worth of the successor entity after any such Permitted Transfer merger, consolidation, reorganization, action or assignment, is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfermerger, consolidation, reorganization, action or assignment, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferthereto, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfermerger, written consolidation, reorganization, action or assignment, Written notice of such Permitted Transfer thereof and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transfermerger, consolidation, reorganization, action or assignment, except for the provisions terms and requirements of Section 9.1 which shall not applyapply thereto.

Certain Transfers. The following shall be deemed to constitute an assignment of this Lease: (a) the sale of all or substantially all of Tenant’s 's assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association), or a partnership, (b) the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of Tenant to a single entity which constitutes more than fifty percent (50%)(except for publicly traded shares 50%) of Tenant's voting stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for the assignment of this Lease as a result of a merger to: (A) any person(s) or entity who controls, is controlled by or is under common control with Tenant, (B) to any entity resulting from the merger, consolidation or other reorganization with Tenant, whether or not Tenant with or into another is the surviving entity, as the result of a transfer of or (C) to any person or legal entity which acquires all or substantially all of Tenant’s assets, the assets or as the result stock of the acquisition of Tenant’s shares of the stock or other ownership interests Tenant (each of the foregoing, a “foregoing is hereinafter referred to as "Permitted Transfer” herein"), so long as (i) the net worth of the successor or reorganized entity after such Permitted Transfer is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted TransferLandlord, evidence of which, reasonably satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements Section 9.2 and 9.3 (but not of this Article Section 9.1) shall apply with respect to such Permitted Transferassignment. For purposes of this Section 9.4, except for the provisions a public or private offering of Section 9.1 which Tenant debt or equity shall not applybe deemed an assignment of this Lease.

Certain Transfers. The sale of all or substantially all of Tenant’s 's assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty twenty- five percent (50%)(except 25%) (except for publicly traded shares of stockstock constituting a transfer of twenty-five percent (25%) or more in the aggregate, so long as no change in the controlling interest of Tenant occurs as a result thereof) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for the assignment of this Lease to any entity controlling, controlled by or under common control with Tenant, or as a result of a merger by Tenant with or into another entity, as the result of a transfer of all or substantially all of Tenant’s assets, or as the result of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, a “Permitted Transfer” herein), so long as (i) the net worth of the successor entity after such Permitted Transfer assignment or merger is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transferassignment or merger, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferassignment or merger, (ii) Tenant shall provide to Landlord, prior to such Permitted Transferassignment or merger, written notice of such Permitted Transfer assignment or merger and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transfer, except for the provisions of Section 9.1 which shall not applyassignment.

Certain Transfers. The sale of all or substantially all of Tenant’s 's assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except 50%) (except for publicly traded shares of stockstock constituting a transfer of fifty percent (50%) or more in the aggregate, so long as no change in the controlling interest of Tenant occurs as a result thereof) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for the assignment of this Lease to any entity controlling or under common control with Tenant, or as a result of a merger merger, acquisition, consolidation or reorganization by or of Tenant with or into another entity, as the result of a transfer of all or substantially all of Tenant’s assets, or as the result entity (any of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, foregoing successor entities being herein referred to as a “Permitted Transfer” herein"Tenant Affiliate"), so long as (i) the net worth of the successor entity after such Permitted Transfer assignment is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transferassignment, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferassignment, (ii) Tenant shall provide to Landlord, prior to such Permitted Transferassignment, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transferassignment, except for the provisions terms and requirements of Section 9.1 which shall not applyapply to such assignment.

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales Notwithstanding anything to the contrary contained in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoingArticle IX, Landlord’s consent shall not be required for and Tenant may, without Landlord’s prior written consent and without constituting an assignment or sublease hereunder, sublet the assignment of this Premises or assign the Lease as a result of a merger to (A) an entity controlling, under common control with or controlled by Tenant with (“Affiliate”), (B) a successor entity related to Tenant by purchase, merger, consolidation, nonbankruptcy reorganization, or into another entitygovernment action, as the result or (C) a purchaser of a transfer of all or substantially all of Tenant’s assetsassets located in the Premises ((A), or (B) and (C) are collectively referred to herein as the result of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, a “Permitted TransferTransferees” hereinand individually as a “Permitted Transferee” and transfers to such Permitted Transferees shall be collectively referred to herein as “Permitted Transfers”), so long as (i) the net worth of the successor entity after such Permitted Transfer Transferee is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfer, or, in Landlord’s reasonable determination, such Permitted Transferee has sufficient net worth to perform Tenant’s obligations under this Lease, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transfer, provided, however, that the provisions of this clause (i) shall not apply to transfers to an Affiliate, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfer, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request require in connection therewith, and (iii) all of the other terms and requirements of this Article Sections 9.2 and 9.3 (but not Section 9.1) shall apply with respect to such Permitted Transfer, except for the provisions . A sale or transfer of Section 9.1 which Tenant’s capital stock shall not applybe deemed an assignment, subletting, or any other transfer of this Lease or the Premises.

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales Notwithstanding anything to the contrary contained in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoingArticle IX, Landlord’s 's consent shall not be required for the assignment of this Lease as Lease, or to a result subletting of the Premises, to (a) a merger subsidiary, affiliate, division or corporation controlling, controlled by or under common control with Tenant, (b) a successor corporation to Tenant with by merger, consolidation, nonbankruptcy reorganization, or into another entitygovernment action, as the result (c) a purchaser of a transfer of all or substantially all of Tenant’s assets's assets located in the Premises, or as the result (d) either of the acquisition Guarantors of Tenant’s shares of the stock or other ownership interests this Lease (each of the foregoingcollectively, a “Permitted Transfer” "Tenant Affiliate" herein), so long as (i) the net worth of the successor entity after any such Permitted Transfer merger, consolidation, reorganization, action or assignment, is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfermerger, consolidation, reorganization, action or assignment, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferthereto, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfermerger, consolidation, reorganization, action or assignment, written notice of such Permitted Transfer thereof and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transfermerger, consolidation, reorganization, action or assignment, except for the provisions terms and requirements of Section 9.1 which shall not applyapply thereto.

Certain Transfers. The sale of all or substantially all of Tenant’s assets (other than bulk sales Notwithstanding anything to the contrary contained in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except for publicly traded shares of stock) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoingArticle IX, Landlord’s consent shall not be required for the assignment of this Lease as Lease, or to a result subletting of the Premises, to (a) a merger subsidiary, affiliate, division or corporation controlling, controlled by or under common control with Tenant, (b) a successor corporation to Tenant with by merger, consolidation, non-bankruptcy reorganization, or into another entitygovernment action, as the result or (c) a purchaser of a transfer of all or substantially all of Tenant’s assets, or as assets located in the result of the acquisition of Tenant’s shares of the stock or other ownership interests Premises (each of the foregoingcollectively, a “Permitted TransferTenant Affiliate” herein), so long as (i) the net worth of the successor entity after any such Permitted Transfer merger, consolidation, reorganization, action or assignment, is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transfermerger, consolidation, reorganization, action or assignment, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferthereto, (ii) Tenant shall provide to Landlord, prior to such Permitted Transfermerger, written consolidation, reorganization, action or assignment, Written notice of such Permitted Transfer thereof and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transfermerger, consolidation, reorganization, action or assignment, except for the provisions terms and requirements of Section 9.1 which shall not applyapply thereto.

Certain Transfers. The sale of all or substantially all of Tenant’s 's assets (other than bulk sales in the ordinary course of business) or, if Tenant is a corporation, an unincorporated association, or a partnership, the transfer, assignment or hypothecation of any stock or interest in such corporation, association, or partnership in the aggregate of fifty percent (50%)(except 50%) (except for publicly traded shares of stockstock constituting a transfer of fifty percent (50%) or more in the aggregate, so long as no change in the controlling interest of Tenant occurs as a result thereof) shall be deemed an assignment within the meaning and provisions of this Article. Notwithstanding the foregoing, Landlord’s 's consent shall not be required for the assignment of this Lease to any entity controlling or under common control with Tenant, or as a result of a merger merger, acquisition, consolidation or reorganization by or of Tenant with or into another entity, as the result of entity or a transfer of all sublease to any entity controlled by or substantially all of Tenant’s assets, or as the result under common control with Tenant (any of the acquisition of Tenant’s shares of the stock or other ownership interests (each of the foregoing, foregoing successor entities and subtenants being herein referred to as a “Permitted Transfer” herein"Tenant Affiliate"), so long as (i) the net worth of the successor entity after such Permitted Transfer assignment (or in the case of an assignment to a Tenant Affiliate, the combined net worth of Tenant and such Tenant Affiliate) is at least equal to the greater of the net worth of Tenant as of the execution of this Lease by Landlord or the net worth of Tenant immediately prior to the date of such Permitted Transferassignment, evidence of which, satisfactory to Landlord, shall be presented to Landlord prior to such Permitted Transferassignment, (ii) Tenant shall provide to Landlord, prior to such Permitted Transferassignment, written notice of such Permitted Transfer and such assignment documentation and other information as Landlord may reasonably request in connection therewith, and (iii) all of the other terms and requirements of this Article shall apply with respect to such Permitted Transferassignment, except for the provisions terms and requirements of Section 9.1 which shall not applyapply to such assignment.