Common use of Conditions of Landlord's Consent Clause in Contracts

Conditions of Landlord's Consent. As a condition to Landlord's prior -------------------------------- written consent as provided for in this Section 9, (a) Tenant shall pay Landlord its reasonable legal fees and out-of-pocket costs incurred due to the Restricted Transfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a Restricted Transfer that Tenant shall pay' to Landlord all profits from such Restricted Transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by Xxxxxx and subtracting the remaining rent obligation of Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of Xxxxxx's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

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Conditions of Landlord's Consent. As a condition to Landlord's prior -------------------------------- written consent as provided for in this Section 9Section, (ai) Tenant shall pay Landlord its Landlord's reasonable legal fees and out-of-pocket costs incurred due to the Restricted Transfertransfer not to exceed One Thousand Dollars ($1,000); (bii) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, ; and (ciii) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a Restricted Transfer transfer that Tenant shall pay' pay to Landlord one-half (50%) of all profits from such Restricted Transfer the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by Xxxxxx the Tenant and subtracting the remaining rent obligation obligations of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of Xxxxxxthe Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant. This provision shall not apply to Permitted Transfers.

Appears in 1 contract

Samples: Lease Agreement (Webridge Inc)

Conditions of Landlord's Consent. As a condition to Landlord's -------------------------------- prior -------------------------------- written consent as provided for in this Section 9Section, (a) Tenant shall pay Landlord its reasonable legal fees and out-of-pocket costs incurred due to the Restricted Transfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a Restricted Transfer transfer that Tenant shall pay' pay to Landlord all profits from such Restricted Transfer the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by Xxxxxx the Tenant and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from form the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an any attempt to conceal the profit on the transfer of Xxxxxxthe Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Preview Systems Inc)

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Conditions of Landlord's Consent. As a condition to Landlord's -------------------------------- prior -------------------------------- written consent as provided for in this Section 9, (a) Tenant shall pay Landlord its reasonable legal fees and out-of-pocket costs incurred due to the Restricted Transfertransfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a Restricted Transfer transfer that Tenant shall pay' pay to Landlord all profits from such Restricted Transfer the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by Xxxxxx the Tenant and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of Xxxxxxthe Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

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