Common use of Consent of Landlord Required Clause in Contracts

Consent of Landlord Required. (a) If Tenant proposes to make any Transfer, Sublease or Pledge it shall promptly notify Landlord in writing of the details of the proposed Transfer, Sublease or Pledge, and shall also promptly furnish to Landlord sufficient written information and documentation reasonably required by Landlord to allow Landlord to assess the business to be conducted in the Leased Premises by the person to whom the Transfer, Sublease or Pledge is proposed to be made, the financial condition of such person and the nature of the transaction in which the Transfer, Sublease or Pledge is to occur, provided, that it shall be deemed unreasonable for Landlord to require more than three (3) years of financial information. In the event Landlord fails to disapprove of such Transfer, Sublease or Pledge within ten (10) business days of Landlord’s receipt of the information required by this Section 9.3(a), Landlord shall be deemed to have approved of such Transfer, Sublease or Pledge. It shall be deemed reasonable for Landlord to withhold its consent to a Transfer or Sublease for any of the following reasons: (i) a proposed transferee has managerial skills, or an operational, business history or financial capacity inadequate with respect to the obligations under this Lease, as determined by Landlord in its reasonable discretion; and/or (ii) the character and reputation of the proposed transferee or sublessee is not reasonably satisfactory to Landlord; and/or (iii) the occupancy of the Leased Premises by the proposed transferee or sublessee would likely violate a provision of this Lease or any other lease or agreement in effect prior to the date of this Lease concerning the Building or the Property. Tenant shall provide Landlord with all information reasonably requested for Landlord to accurately evaluate the person to whom the Transfer or Sublease shall be made.

Appears in 2 contracts

Samples: Lease Agreement (Healthequity Inc), Lease Agreement (Healthequity Inc)

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Consent of Landlord Required. (a) If Tenant proposes to make any Transfer, Sublease or Pledge it shall promptly notify Landlord in writing of the details of the proposed Transfer, Sublease or Pledge, and shall also promptly furnish to Landlord sufficient written information and documentation reasonably required by Landlord to allow Landlord to assess the business to be conducted in the Leased Premises by the person to whom the Transfer, Sublease or Pledge is proposed to be made, the financial condition of such person and the nature of the transaction in which the Transfer, Sublease or Pledge is to occur, provided, that it shall be deemed unreasonable for Landlord to require more than three (3) years of financial information. In the event Landlord fails to disapprove of such Transfer, Sublease or Pledge within ten (10) business days of Landlord’s receipt of the information required by this Section 9.3(a), Landlord shall be deemed to have approved of such Transfer, Sublease or Pledge. It shall be deemed reasonable for Landlord to withhold its consent to a Transfer or Sublease for any of the following reasons: (i) a proposed transferee has managerial skills, or an operational, business history or financial capacity inadequate with respect to the obligations under this Lease, as determined by Landlord in its reasonable discretion; and/or (ii) the character and reputation of the proposed transferee or sublessee is not reasonably satisfactory to Landlord; and/or (iii) the occupancy of the Leased Premises by the proposed transferee or sublessee would likely violate a provision of this Lease or any other lease or agreement in effect prior to the date of this Lease concerning the Building or the Property. Tenant shall provide Landlord 24 with all information reasonably requested for Landlord to accurately evaluate the person to whom the Transfer or Sublease shall be made.

Appears in 1 contract

Samples: Lease Agreement (Healthequity Inc)

Consent of Landlord Required. (a) If Tenant proposes to make shall not transfer or assign this Lease or any Transferright or interest hereunder, Sublease or Pledge it shall promptly notify Landlord in writing of the details of the proposed Transfer, Sublease or Pledge, and shall also promptly furnish to Landlord sufficient written information and documentation reasonably required by Landlord to allow Landlord to assess the business to be conducted in sublet the Leased Premises by the person to whom the Transferor any part thereof, Sublease or Pledge is proposed to without first obtaining Landlord's prior written consent, which consent shall not be made, the financial condition of such person and the nature of the transaction in which the Transfer, Sublease or Pledge is to occur, provided, that it shall be deemed unreasonable for Landlord to require more than three (3) years of financial information. In the event Landlord fails to disapprove of such Transfer, Sublease or Pledge within ten (10) business days of Landlord’s receipt of the information required by this Section 9.3(a), Landlord shall be deemed to have approved of such Transfer, Sublease or Pledgeunreasonably withheld. It shall will be deemed reasonable for Landlord to withhold its consent to a Transfer (as hereinafter defined) if, by example and not be way of limitation, (a) the transferee is not creditworthy and of a good business reputation, (b) intentionally deleted, (c) the rental or Sublease for other consideration payable by the transferee will be less than that paid by tenants under new leases of comparable space in the Building, (d) Landlord otherwise reasonably determines that the Transfer will decrease the value of the Property or increase the cost of operating the Property, or (e) the Transfer will cause Landlord to be in violation of a lease, lease proposal, mortgage, or other contract by which Landlord is bound. No transfer or assignment (whether voluntary or involuntary, by operation of law or otherwise) or subletting shall be valid or effective without such prior written consent. Should Tenant attempt to make or allow to be made any such transfer, assignment or subletting (collectively, a "Transfer"), except as aforesaid, or should any of Tenant's rights under this Lease be sold or otherwise transferred by or under court order or legal process or otherwise, then such act shall be deemed void. Should Landlord consent to a Transfer, such consent shall not constitute a waiver of any of the following reasons: (i) restrictions or prohibitions of this Article 18.1, and such restrictions or prohibitions shall apply to each successive Transfer hereunder, if any. Subject to the terms and conditions of this Article 18, Landlord agrees not to withhold its consent to a proposed Transfer to a transferee has managerial skillsthat is an affiliate of Tenant and assumes the Lease, who will use the Premises only for the Permitted Use, and whose occupancy will not cause Landlord to be in violation of any lease, lease proposal, mortgage, or other contract by which Landlord is bound (a "Permitted Transfer"). For this purpose, an operational"affiliate" is a person or entity that is under the control and majority ownership of Tenant, business history that controls or financial capacity inadequate owns a majority of Tenant, that is under common control and majority ownership with respect to the obligations under this Lease, as determined by Landlord in its reasonable discretion; and/or (ii) the character and reputation Tenant or an entity that has purchased all or substantially all of the proposed transferee or sublessee is not reasonably satisfactory to Landlord; and/or (iii) the occupancy of the Leased Premises by the proposed transferee or sublessee would likely violate a provision of this Lease or any other lease or agreement in effect prior to the date of this Lease concerning the Building or the Property. Tenant shall provide Landlord with all information reasonably requested for Landlord to accurately evaluate the person to whom the Transfer or Sublease shall be madeTenant's assets.

Appears in 1 contract

Samples: 1999 Lease Agreement (Suntek Corp)

Consent of Landlord Required. (a) If Tenant proposes to make shall not transfer or assign ---------------------------- this Lease or any Transferright or interest hereunder, Sublease or Pledge it shall promptly notify Landlord in writing of the details of the proposed Transfer, Sublease or Pledge, and shall also promptly furnish to Landlord sufficient written information and documentation reasonably required by Landlord to allow Landlord to assess the business to be conducted in sublet the Leased Premises or any part thereof, without first obtaining Landlord's prior written consent, which consent shall not be unreasonably withheld. No transfer or assignment (whether voluntary or involuntary, by the person operation of law or otherwise) or subletting shall be valid or effective without such prior written consent. Should Tenant attempt to whom the Transfer, Sublease make or Pledge is proposed allow to be mademade any such transfer, the financial condition assignment or subletting, except as aforesaid, or should any of such person Tenant's rights under this Lease be sold or otherwise transferred by or under court order or legal process or otherwise, then, and the nature in any of the transaction in which the Transferforegoing events Landlord may, Sublease or Pledge is to occurat its option, provided, that it shall be deemed unreasonable for treat such act as a default by Tenant. Should Landlord to require more than three (3) years of financial information. In the event Landlord fails to disapprove of such Transfer, Sublease or Pledge within ten (10) business days of Landlord’s receipt of the information required by this Section 9.3(a), Landlord shall be deemed to have approved of such Transfer, Sublease or Pledge. It shall be deemed reasonable for Landlord to withhold its consent to a Transfer transfer, assignment or Sublease for subletting, such consent shall not constitute a waiver of any of the following reasons: (i) a proposed transferee has managerial skillsrestrictions or prohibitions of this Article 19, and such ---------- restrictions or an operationalprohibitions shall apply to each successive transfer, business history assignment or financial capacity inadequate with respect to subletting hereunder, if any. Notwithstanding the obligations under this Leaseforegoing, as determined by Landlord in its reasonable discretion; and/or (ii) the character and reputation of the proposed transferee Landlord's consent shall not be required for any sublet, assignment or sublessee is not reasonably satisfactory to Landlord; and/or (iii) the occupancy transfer of the Leased Premises by the proposed transferee or sublessee would likely violate a provision of this Lease to (a) a subsidiary, affiliate or any other lease corporation controlling, controlled by or agreement in effect prior under common control with Tenant, (b) a successor corporation related to the date Tenant by merger, consolidation, nonbankruptcy reorganization, or government action, or (c) a purchaser of this Lease concerning the Building substantially all of Tenant's assets or the Propertystock (collectively, "Permitted Transfers"). Tenant shall provide Landlord with all information reasonably requested for Landlord to accurately evaluate the person to whom the Transfer or Sublease shall be made.-------------------

Appears in 1 contract

Samples: Office Lease (CBT Group PLC)

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Consent of Landlord Required. (a) If Tenant proposes shall not make or allow to make be made any Transfersubstantial alterations, Sublease additions or Pledge it shall promptly notify Landlord in writing improvements to or of the details Premises or any part thereof without first obtaining the written consent of Landlord.* Tenant shall not perform or permit to be performed any work which requires penetration of the proposed Transferroof without the express written consent and under the supervision of the Landlord. Tenant acknowledges that Tenant's breach of this provision shall subject it to payment of damages to Landlord for replacement of all or a portion of the roof. Any alterations, Sublease additions or Pledgeimprovements to or of said Premises, including, but not limited to, wall covering, paneling and built-in cabinet work, but excepting movable furniture * Said consent shall not be unreasonably withheld. and trade fixtures, shall at once become a part of the realty and belong to the Landlord and shall also promptly furnish to Landlord sufficient written information and documentation reasonably required by Landlord to allow Landlord to assess be surrendered with the business to be conducted in the Leased Premises by the person to whom the Transfer, Sublease or Pledge is proposed to be made, the financial condition of such person and the nature of the transaction in which the Transfer, Sublease or Pledge is to occur, provided, that it shall be deemed unreasonable for Landlord to require more than three (3) years of financial informationPremises. In the event Landlord fails consents to disapprove the making of such Transferany alterations, Sublease additions or Pledge within ten (10) business days of Landlord’s receipt improvements to the Premises by Tenant, the same shall be made by Tenant at Tenant's sole cost and expense. Upon the expiration or sooner termination of the information required term hereof, Tenant shall, upon written demand by this Section 9.3(a)Landlord, Landlord shall be deemed to have approved of such Transfer, Sublease or Pledge. It shall be deemed reasonable for Landlord to withhold its consent to a Transfer or Sublease for any of the following reasons: given at least thirty (i30) a proposed transferee has managerial skills, or an operational, business history or financial capacity inadequate with respect to the obligations under this Lease, as determined by Landlord in its reasonable discretion; and/or (ii) the character and reputation of the proposed transferee or sublessee is not reasonably satisfactory to Landlord; and/or (iii) the occupancy of the Leased Premises by the proposed transferee or sublessee would likely violate a provision of this Lease or any other lease or agreement in effect days prior to the date end of this Lease concerning the Building or the Property. Tenant shall provide Landlord term, at Tenant's sole cost and expense, forthwith and with all information reasonably requested for due diligence, remove any alterations, additions, or improvements made by Tenant, designated by Landlord to accurately evaluate be removed, and Tenant shall, forthwith and with all due diligence at its sole cost and expense, repair any damage to the person to whom the Transfer or Sublease shall be madePremises caused by such removal.

Appears in 1 contract

Samples: Valley National Corp /De/

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