Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) the proposed transferee (A) is creditworthy, (B) has a good reputation in the business community, (C) will use the Premises solely for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or Project, (D) will not use the Premises, Building or Project in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunity, (F) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), and (G) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transferee; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists.
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Samples: Lease Agreement (Hipcricket, Inc.)
Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) the proposed transferee (A1) is creditworthy, (B2) has a good reputation in the business community, (C3) will use the Premises solely for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or ProjectBuilding, (D4) will not use the Premises, Building or Project in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E5) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunitythereof, (F6) is not another occupant of the Building or Complex, (7) is in compliance with the regulations of the Office of Foreign Asset Control (“OFAC”) of the Department of the Treasury or any successor entity (including those named on OFAC’s Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto; and (8) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project Complex or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), and (G) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transfereeentity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists.
Appears in 1 contract
Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) the proposed transferee (A1) is creditworthy, (B2) has a good reputation in the business community, (C3) will use the Premises solely for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or ProjectBuilding, (D4) will not use the Premises, Building or Project in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E5) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunitythereof, (F6) is not another occupant of the Building, (7) is in compliance with the regulations of the Office of Foreign Asset Control ("OFAC") of the Department of the Treasury (including those named on OFAC's Specially Designated Nationals and Blocked Persons List) and any statute, executive order (including the September 24, 2001, Executive Order Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit or Support Terrorism), or other governmental action relating thereto; and (8) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), and (G) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transfereeentity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists.
Appears in 1 contract
Samples: Lease Agreement (Alco Stores Inc)
Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) the proposed transferee (A) is creditworthy, (B) has a good reputation in the business community, (C) will use the Premises solely for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or Project, (D) will not use the Premises, Building or Project in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunity, (F) is not another occupant of the Building or Project, (G) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee)entity, and (GH) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transferee; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists.
Appears in 1 contract
Samples: Lease Agreement (Avalara Inc)
Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) the proposed transferee (A1) is creditworthy, (B2) has a good reputation in the business community, (C3) will use the Premises solely for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or ProjectBuilding, (D4) will not use the Premises, Building or Project in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E5) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunitythereof, (F6) is not another occupant of the Building, and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), and (G) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transfereeentity; otherwise, Landlord may withhold its consent in its sole discretion. Further, Landlord shall not unreasonably withhold its consent to any collateral assignment of this Lease in connection with any leasehold financing by Tenant, so long as Tenant’s lender agrees in writing that upon any succession to Tenant’s interest under this Lease, it shall be bound by all of the terms of this Lease, including, without limitation, the Permitted Use, Section 9, and this Section 10. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists.
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Samples: Lease Agreement (Omtool LTD)
Consent Standards. Landlord shall not unreasonably withhold its consent to any assignment or subletting of the Premises, provided that (1) that, in Landlord’s reasonable business judgment, the proposed transferee (A1) is creditworthy, (B2) has a good reputation in the business community, (C3) will use the Premises solely only for the Permitted Use (thus, excluding, without limitation, uses for credit processing and telemarketing) and will not use the Premises in any manner that would unreasonably conflict with any exclusive use agreement or other similar agreement entered into by Landlord with any other tenant of the Building or ProjectPremises, (D4) will not use the Premises, Building or Project Premises in a manner that would materially increase the pedestrian or vehicular traffic to the Premises, Building or Project, (E5) is not a governmental entity, or subdivision or agency thereof or person that is or may be entitled to claim sovereign immunitythereof, (F6) is not another occupant of the Premises, and (7) is not a person or entity with whom Landlord is then, or has been within the six-month period prior to the time Tenant seeks to enter into such assignment or subletting, negotiating in writing to lease space in the Building or Project Premises, or any Affiliate of any such person or entity (provided, however, the terms of this item (F) shall only apply to the extent that Landlord has reasonably comparable space in the Project available to lease to such transferee), and (G) has been approved by all of Landlord’s Mortgagees (as defined below) having the right to approve the proposed transferee, and (2) payment for the Transfer is not determined in whole or in part based upon the net income or profits of the proposed transfereeentity; otherwise, Landlord may withhold its consent in its sole discretion. Additionally, Landlord may withhold its consent in its sole discretion to any proposed Transfer if any uncured Event of Default by Tenant then exists. Notwithstanding any contrary provision of law, including California Civil Code Section 1995.310, Tenant shall have no right, and Tenant hereby waives and relinquishes any right, to cancel or terminate this Lease in the event Landlord is determined to have unreasonably withheld or delayed its consent to a proposed Transfer.
Appears in 1 contract
Samples: Lease Agreement (Intermolecular Inc)