Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant desires to assign or sublet all or any part of the Leased Premises it must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, or (2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) above, and thereafter an Event of Default occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect collection directly by Landlord from the assignee or subtenant may not be construed as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 2 contracts
Samples: Commercial Lease (Oxford Immunotec Global PLC), Commercial Lease (Oxford Immunotec Global PLC)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) [omitted] (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, sublease and, if the rent due and payable by any assignee assigneee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgmentjudgement, to consent conceal to the proposed assignment or sublease, sublease which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if any or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease case or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly directly, by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen seven (157) business days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (2) refuse, subject to the limitations set forth in its sole and absolute discretion and judgmentSection 9.2 above, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveshall, and thereafter upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an Event event of Default occursdefault, if all or any part of the Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation notation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease (Fair Isaac & Company Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease Agreement (Bio Vascular Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, ; or (2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect collection Any collection, directly by Landlord from the assignee or subtenant may subtenant, shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s the review of any assignment or sublease, Tenant must pay shall deliver to Landlord or Landlord's manager, as the case may be, a non-refundable fee of $500.00 to defray the administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Landlord or its manager in connection with the review by Landlord of Tenant’s 's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease sublease, shall be the responsibility of Tenant and shall be paid by Tenant within thirty five (305) days of demand with supporting documentation for payment thereof. The non-refundable fee and legal expenses incurred as described herein will be due and payable regardless of whether or not Landlord approves the assignment or sublease as requested by Tenant.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises it must over 3,000 Rentable Square Feet, Lessee shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such reasonable information as Landlord Lessor might request concerning the proposed subtenant sublease or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of include a non-refundable processing fee, Lessor shall have the following options: :
(1) to cancel this Lease as to the portion thereof proposed to be assigned or subleased; (2) to consent to the proposed assignment or sublease, pursuant (3) to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, or (2) refuse, in the exercise of its sole good faith and absolute discretion and judgmentreasonable judgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of any event of default, and thereafter an Event if all or any part of Default occursthe Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Standard Commercial Lease (New Era of Networks Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises (except as specifically allowed in Article 9.02), it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: (1) :
A. cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet;
B. consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, or (2) Lessee; or
C. refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for LandlordLessor’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord Lessee shall deliver to Lessor a non-refundable fee of $500.00 (except as specifically allowed in connection Article 9.02) to defer Lessor’s administrative costs with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereofrespect thereto.
Appears in 1 contract
Samples: Commercial Lease (Mathstar Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises it must so notify Landlord at least thirty twenty (3020) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall , and provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen ten (1510) business days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement consent agreement executed by Tenant and the proposed assignee or subtenant containing such terms as Landlord may require on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, or (2) refuserefuse if, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or subleasesublease is unacceptable to Landlord. Any sublease or assignment to the extent permitted hereunder, which refusal will be deemed shall not relieve the Tenant of its liability under the provisions of this Lease. Notwithstanding the preceding provisions of Sections 9.02 and 9.03 above, Tenant may assign or sublet the Leased Premises, or any part thereof, to have been exercised unless any entity controlling Tenant, controlled by Tenant, without the prior written consent of Landlord; provided, however, that Tenant shall immediately provide Landlord gives Tenant with written notice providing otherwise. If Landlord exercises option (1) above, and thereafter an Event of Default occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the such assignment or sublease. Tenant agrees that any collect collection directly by Landlord from the assignee or subtenant may not be construed as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As See Item #3 of Exhibit "B" attached hereto and made a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereofpart hereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant assignee or assignee sublessee to allow Landlord to make informed judgments judgment, as to the financial condition, reputation, operations and general desirability of the proposed subtenant assignee or assigneesublessee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant assignee or assigneesublessee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, and if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) net of Tenant's out-of-pocket expenses in procuring the proposed assignment or sublease exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which . Which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned our sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of the following options: judgments
(1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (2) refuse, subject to the limitations set forth in its sole and absolute discretion and judgmentSection 9.2 above, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveshall, and thereafter upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an Event event of Default occursdefault, if all or any part of the Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease (Fair Isaac & Company Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises to a third party which is not a Permitted Assignee, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent rent, less Tenant's reasonable costs in completing the assignment or subletting, and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or subleasesublease if such refusal is commercially reasonable, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease Agreement (Fieldworks Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration therefore or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half Lessor fifty percent (1/250%) of such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant Lessee by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease Agreement (SPR Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises to an outside third party, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgmentwith reasonable cause, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may not be construed as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.by
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises it must Premises, Lessee shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of include a non-refundable processing fee, Lessor shall have the following options: (1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent rental due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the base rent and additional rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, Lessee; or (23) to refuse, in the exercise of its sole good faith and absolute discretion and judgmentreasonable judgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of any event of default, and thereafter an Event if all or any part of Default occursthe Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might reasonably request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such such. space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect collection Any collections directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assign or sublet;
(2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, after recovering all direct and indirect costs associated with such assignment or Sublease, Tenant shall pay to Landlord one-half (1/2) 50% of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) twenty days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent or other consideration provided by Lessee in lieu of excess rent which is attributable to rent and other excess consideration immediately upon rent only within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgmentreasonable discretion, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Standard Commercial Lease (Styrochem International LTD)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, sublease which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly directly, by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Commercial Lease (Learningstar Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises Premises, it must so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant shall Lessee must provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed subtenant sub lessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sub lessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sub lessee or assignee, Landlord is entitled to exercise any of the following optionsLessor may, in its sole and absolute discretion, either: (1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord Lessor in its reasonable sole discretion, and, if the rent due and payable by any assignee or subtenant sub lessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by TenantLessee, provided, such consent may be conditioned upon payment to Lessor of a commission upon such assignment or sublease equal to the greater of two percent (2%) of the gross rents due during the term of the sublease or remaining term of this Lease-in the case of an assignment, in either event not to exceed five years, or one-half of any commission paid to any third party broker; or (23) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal will be is deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sub lessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor will be entitled to a security interest in all properties on the Leased Premises to secure payment of such sums. Tenant Lessee agrees that any collect collection directly by Landlord Lessor from the assignee or subtenant may sub lessee is not be construed as, or constitute, intended to constitute a novation notation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s Lessor's review of any assignment or sublease, Tenant Lessee must pay Landlord deliver to Lessor a non-refundable fee of $500.00 to defer Lessor's administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Landlord Lessor in connection with the review by Landlord Lessor of Tenant’s Lessee's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease sublease, are the responsibility of Lessee and must be paid by Lessee within thirty five (305) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Commercial Lease (American Caresouce Holdings, Inc.)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s Lessor's review of any assignment or sublease, Tenant must pay Landlord Lessee shall deliver to Lessor a non-refundable fee of $500.00 to defer Lessor's administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Landlord Lessor in connection with the review by Landlord Lessor of Tenant’s Lessee's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease sublease, shall be the responsibility of Lessee and shall be paid by Lessee within thirty five (305) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Commercial Lease (Techdyne Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty fifteen (3015) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen five (155) days after Landlord’s Xxxxxxxx's receipt of Tenant’s Xxxxxx's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, Xxxxxx; or (2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease Agreement (Xata Corp /Mn/)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half fifty percent (1/250%) of all such excess rent (after reduction for reasonable expenses incurred by Tenant to procure such rent) and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might reasonably request concerning the proposed subtenant sublessee or assignee to allow Landlord to make tomake informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen thirty (1530) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (( 1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the this assignment or sublease. Tenant agrees that any collect , and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums.. Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations obligation under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease (DJO Finance LLC)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty fifteen (3015) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen seven (157) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such spacespace after subtracting costs of procurement of sublessee, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute with reasonable discretion and judgmentjudgement, to consent to the proposed assignment or sublease. Upon the occurrence of an event of default, which refusal will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) above, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Lease (Norstan Inc)
Conditions of Assignment. With the exception of an assignment or sublease to a Permitted AssignmentTransferee, if Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with With a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15fifteen(15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or or, sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the this assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations obligation under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or of sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or of sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) consent to the proposed assignment or of sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, and if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or of sublease (or a combination of the rent payable under such assignment or of sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, : or (2) refuse, in its sole and absolute discretion and judgmentwith reasonable judgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Consent to Assignment and Assumption of Lease (Digital River Inc /De)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assign or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon consideration, less any reasonable expenses incurred in obtaining the assignment or sublease, within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease. Upon the occurrence of an event of default, which refusal will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveif all or any part of the Leased Premises are then assigned or sublet, and thereafter an Event of Default occurs, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Sublease (Channelpoint Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refusealthough such consent shall not he unreasonably withheld, in its sole and absolute discretion and judgment, Landlord may refuse to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect collection Any collections directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Commercial Lease (Atmi Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublease, or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, and if the rent Rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent Rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent Rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent Rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwiseotherwise within 10 days. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all property on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Office Lease (V2K International Inc)
Conditions of Assignment. With the exception of a Permitted AssignmentIf Tenant desires, if Tenant desires to assign or sublet ------------------------ all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. At the time Tenant submits such a request, Tenant shall pay to Landlord, Landlord's then standard processing fee and shall reimburse Landlord for all legal fees incurred in connection with Tenant's request. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Agreement as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease Agreement for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refusesubject to the provisions of Section 9.02, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If In the event all or any part of the Premises are assigned or sublet, Landlord exercises option (1) above, and thereafter an Event of Default occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this LeaseAgreement. As a condition No assignment of this Agreement consented to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord shall be effective until Landlord shall receive an original assumption agreement, in connection with the review form and substance satisfactory to Landlord, signed by Landlord of Tenant and Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof's assignee.
Appears in 1 contract
Samples: Standard Tenancy Agreement (Argosy Education Group Inc)
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant . Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute reasonable [interlineated text] discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly directly, by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublease or assignee, Landlord is entitled to exercise any of shall have the following options: :
(1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten 0 0) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen five (155) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or of sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten days following receipt thereof by Tenant, Lessee: or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal ; Lessor will be deemed to have been exercised unless Landlord gives Tenant give Lessee written notice providing otherwiseof refusal within ten (10) days after receipt of all documentation. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, Landlord, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises it must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half fifty percent (1/250%) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (2) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) above, and thereafter an Event of Default occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord will be entitled to a security interest in all property located on the Leased Premises to secure payment of such sums. Tenant agrees that any collect collection directly by Landlord from the assignee or subtenant may not be construed as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s 's review of any assignment or sublease, Tenant must pay Landlord all reasonable out-of-pocket legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s 's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty five (305) days of demand with supporting documentation for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to ot make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, Tenant or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or of sublease, and Landlord shall
have a security interest in all properties on the Premises ot secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises Premises, it must shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of shall have the following options: (1) cancel this Lease as to the Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, ; or (23) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant by reason of the assignment or sublease. Tenant agrees that any collect collection Any collections directly by Landlord from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if If Tenant desires to assign or sublet all or any part of the Leased Premises it must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed subtenant or assignee, Landlord is entitled to exercise any of the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half fifty percent (1/250%) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (2) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. If Landlord exercises option (1I) above, and thereafter an Event of Default occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or subtenant all rents becoming due to Tenant by reason of the assignment or sublease, and Landlord will be entitled to a security interest in all property located on the Leased Premises to secure payment of such sums. Tenant agrees that any collect collection directly by Landlord from the assignee or subtenant may not be construed as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s 's review of any assignment or sublease, Tenant must pay Landlord all reasonable out-of-pocket legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s 's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty five (305) days of demand with supporting documentation for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.
Appears in 1 contract
Samples: Commercial Lease (INX Inc)
Conditions of Assignment. With the exception of Except with respect to a Permitted AssignmentTransfer, if Tenant Lessee desires to assign or sublet all or any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: (1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant shall pay to Landlord one-half (1/2) of such excess rent and other excess consideration immediately upon receipt thereof by Tenant, or (2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal will to consent shall not be made unreasonably and shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwiseotherwise within said fifteen (15) day period. If Landlord exercises option Upon the occurrence of an event of default (1) aboveafter passage of all applicable notice and cure periods), and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by any law, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Conditions of Assignment. With the exception of a Permitted Assignment, if Tenant If Lessee desires to assign or sublet all or OR any part of the Leased Premises leased premises, it must shall so notify Landlord Lessor, in writing, at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed subtenant sublessee or assignee to allow Landlord Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed subtenant sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed subtenant sublessee or assignee, Landlord is entitled to exercise any of Lessor shall have the following options: :
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or subtenant sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Tenant Lessee shall pay to Landlord one-half (1/2) of Lessor all such excess rent and other excess consideration immediately upon within ten (10) days following receipt thereof by Tenant, Lessee; or (23) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal will shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. If Landlord exercises option (1) aboveUpon the occurrence of an event of default, and thereafter an Event if all or any part of Default occursthe leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by lawLaw, may, at its option, collect directly from the assignee or subtenant sublessee all rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Tenant agrees that any collect Any collection directly by Landlord Lessor from the assignee or subtenant may sublessee shall not be construed as, or constitute, to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.
Appears in 1 contract
Samples: Standard Office Showroom/Warehouse Commercial Lease (Bollinger Industries Inc)