Common use of Covenant Against Assignment and Subletting Clause in Contracts

Covenant Against Assignment and Subletting. Tenant shall not assign, mortgage or encumber this Lease, or any right hereunder, nor sublet the Leased Premises or any part thereof, nor permit the Leased Premises to be used by others without the prior written consent of Landlord, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, however, Tenant may sublet this lease to an affiliate, parent or subsidiary of Tenant without Landlord's consent. If Tenant, or any Guarantor, is a corporation, unincorporated association or partnership, then the transfer, assignment or hypothecation of any stock or interest in such corporation, association or partnership so as to result in a change in the control thereof by the person, persons or entities owning a controlling interest therein as of the date of this Lease, without the prior written consent of Landlord as described above, shall be deemed an assignment made in breach of this covenant. Landlord's consent in any specific instance to any assignment, mortgage, encumbrance, subletting or use of the Leased Premises and its collection and acceptance of rent from any such approved assignee, subtenant or other occupant shall neither constitute a waiver of the provisions of this paragraph, nor be construed as permission for any subsequent assignment, mortgage, encumbrance, subletting or use without compliance with this paragraph. Without the prior written consent of Landlord, this Lease and the interest of Tenant, or any assignee of Tenant, shall not pass by operation of law, nor shall it be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or by Tenant, or any assignee of Tenant. No permitted assignment or sublease or collection of rent from an approved assignee or subtenant shall relieve Tenant of its obligations hereunder. Landlord shall have the right at any time to assign this Lease, in whole or in part, to any third party.

Appears in 3 contracts

Samples: Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc), Office Lease (Ea Engineering Science & Technology Inc)

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Covenant Against Assignment and Subletting. Tenant (A). Without the previous written consent of the Landlord, neither the Tenant, nor the Tenant's legal representatives or successors in interest by operation of law or otherwise, shall not assign, assign or mortgage or encumber this Lease, or any right hereunder, nor sublet the Leased whole or any part of the Premises or any part thereof, nor permit the Leased Premises thereof to be used by others without others: Any consent by Landlord to any act of assignment or subletting shall be held to apply only to the prior written consent of Landlord, which specific transaction thereby authorized. Such consent shall not be unreasonably withheld. Notwithstanding the foregoing, however, Tenant may sublet this lease to an affiliate, parent or subsidiary construed as a waiver of Tenant without Landlord's consent. If the- duty of Tenant, or the legal representatives or assigns of tenant, to obtain from the legal representatives or assigns of Tenant, to obtain from Landlord consent to any Guarantor, is a corporation, unincorporated association other or partnership, then the transfer, subsequent assignment or hypothecation subletting, or as modifying or limiting the rights of Landlord under the foregoing covenant by Tenant not to assign or sublet without such consent. Any violation of any stock or interest in such corporation, association or partnership so as to result in a change in the control thereof by the person, persons or entities owning a controlling interest therein as of the date provision of this Lease, without the prior written consent of Landlord as described abovewhether by act or omission, by any assignee, subtenant, or undertenant, or occupant shall be deemed an assignment made in breach a violation of such provision by Tenant, it being the intention and meaning of the parties hereto that Tenant shall assume and be liable to Landlord for any and all acts and omissions of any and all assignees, sub-tenants and undertenants and occupants. If this covenantLease be assigned, the Landlord may, and is hereby empowered to collect rent from the assignee if the Premises or any part thereof be underlet or occupied by any person or Corporation other than Tenant. Landlord, in the event of Xxxxxx's consent in any specific instance to any assignmentdefault may, mortgageand is hereby empowered to, encumbrance, subletting or use of the Leased Premises and its collection and acceptance of collect rent from any the undertenant or occupant; in either of such approved assigneeevents, subtenant or other occupant Landlord may apply the net amount received by it to the rent herein reserved, and no such collection shall neither constitute be deemed a waiver of the provisions of this paragraph, nor be construed as permission for any subsequent assignment, mortgage, encumbrance, subletting or use without compliance with this paragraph. Without the prior written consent of Landlord, this Lease covenant herein against assignment and the interest of Tenantunderletting, or any assignee the acceptance of Tenantthe assignee, shall not pass by operation of law, nor shall it be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or by Tenantundertenant, or any assignee a release of the Tenant from the further performance of the covenants herein contained on the part of the Tenant. No permitted assignment or sublease or collection of rent from an approved assignee or subtenant shall relieve Tenant of its obligations hereunder. Landlord shall have the right at any time to assign this Lease, in whole or in part, to any third party.

Appears in 1 contract

Samples: Impco (Naviant Inc)

Covenant Against Assignment and Subletting. Tenant (A) Without the previous written consent of the Landlord, neither the Tenant, nor the Tenant's legal representatives or successors in interest by operation of law or otherwise, shall not assign, assign or mortgage or encumber this Lease, or any right hereunder, nor sublet the Leased whole or any part of the Premises or any part thereof, nor permit the Leased Premises thereof to be used by others without others. Any consent by Landlord to any act of assignment or subletting shall be held to apply only to the prior written consent of Landlord, which specific transaction thereby authorized. Such consent shall not be unreasonably withheld. Notwithstanding construed as a waiver of the foregoing, however, Tenant may sublet this lease to an affiliate, parent or subsidiary duty of Tenant without Landlord's consent. If Tenant, or the legal representatives or assigns of Tenant, to obtain from the legal representatives or assigns of Tenant, to obtain from Landlord consent to any Guarantor, is a corporation, unincorporated association other or partnership, then the transfer, subsequent assignment or hypothecation subletting, or as modifying or limiting the rights of Landlord under the foregoing covenant by Tenant not to assign or sublet without such consent. Any material violation of any stock or interest in such corporation, association or partnership so as to result in a change in the control thereof by the person, persons or entities owning a controlling interest therein as of the date provision of this Lease, without the prior written consent of Landlord as described abovewhether by act or omission, by any assignee, subtenant, or undertenant, or occupant shall be deemed an assignment made in breach a violation of this covenant. Landlord's consent in any specific instance to any assignment, mortgage, encumbrance, subletting or use of the Leased Premises and its collection and acceptance of rent from any such approved assignee, subtenant or other occupant shall neither constitute a waiver of the provisions of this paragraph, nor be construed as permission for any subsequent assignment, mortgage, encumbrance, subletting or use without compliance with this paragraph. Without the prior written consent of Landlord, this Lease and the interest of Tenant, or any assignee of Tenant, shall not pass by operation of law, nor shall it be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or provision by Tenant, it being the intention and meaning of the parties hereto that Tenant shall assume and be liable to Landlord for any and all acts and omissions of any and all assignees, sub-tenants and under-tenants and occupants. If this Lease be assigned, the Landlord may, and is hereby empowered to collect rent from the assignee if the Premises or any assignee of Tenant. No permitted assignment or sublease or collection of rent from an approved assignee or subtenant shall relieve Tenant of its obligations hereunder. Landlord shall have the right at any time to assign this Lease, in whole or in part, to any third party.part thereof be underlet or

Appears in 1 contract

Samples: Agreement of Lease (Fibernet Telecom Group Inc\)

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Covenant Against Assignment and Subletting. Tenant (A) Without the previous written consent of the Landlord, neither the Tenant, nor the Tenant’s legal representatives or successors in interest by operation of law or otherwise, shall not assign, assign or mortgage or encumber this Lease, or any right hereunder, nor sublet the Leased whole or any part of the Premises or any part thereof, nor permit the Leased Premises thereof to be used by others without others. Any consent by Landlord to any act of assignment or subletting shall be held to apply only to the prior written consent of Landlord, which specific transaction thereby authorized. Such consent shall not be unreasonably withheld. Notwithstanding construed as a waiver of the foregoing, however, Tenant may sublet this lease to an affiliate, parent or subsidiary duty of Tenant without Landlord's consent. If Tenant, or the legal representatives or assigns of tenant, to obtain from the legal representatives or assigns of Tenant, to obtain from Landlord consent to any Guarantor, is a corporation, unincorporated association other or partnership, then the transfer, subsequent assignment or hypothecation subletting, or as modifying or limiting the rights of Landlord under the foregoing covenant by Tenant not to assign or sublet without such consent. Any violation of any stock or interest in such corporation, association or partnership so as to result in a change in the control thereof by the person, persons or entities owning a controlling interest therein as of the date provision of this Lease, without the prior written consent of Landlord as described abovewhether by act or omission, by any assignee, subtenant, or undertenant, or occupant shall be deemed an assignment made in breach a violation of such provision by Tenant, it being the intention and meaning of the parties hereto that Tenant shall assume and be liable to Landlord for any and all acts and omissions of any and all assignees, sub-tenants and under- tenants and occupants. If this covenantLease be assigned, the Landlord may, and is hereby empowered to collect rent from the assignee if the Premises or any part thereof be underlet or occupied by any person or Corporation other than Tenant. Landlord's consent , in any specific instance to any assignmentthe event of Tenant’s default may, mortgageand is hereby empowered to, encumbrance, subletting or use of the Leased Premises and its collection and acceptance of collect rent from any the undertenant or occupant; in either of such approved assigneeevents, subtenant or other occupant Landlord may apply the net amount received by it to the rent herein reserved, and no such collection shall neither constitute be deemed a waiver of the provisions of this paragraph, nor be construed as permission for any subsequent assignment, mortgage, encumbrance, subletting or use without compliance with this paragraph. Without the prior written consent of Landlord, this Lease covenant herein against assignment and the interest of Tenantunderletting, or any assignee the acceptance of Tenantthe assignee, shall not pass by operation of law, nor shall it be subject to garnishment or sale under execution in any suit or proceeding which may be brought against or by Tenantundertenant, or any assignee a release of the Tenant from the further performance of the covenants herein contained on the part of the Tenant. No permitted assignment or sublease or collection of rent from an approved assignee or subtenant shall relieve Tenant of its obligations hereunder. Landlord shall have the right at any time to assign this Lease, in whole or in part, to any third party.

Appears in 1 contract

Samples: Agreement of Lease (Lucid Inc)

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