ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Lease, including, without limitation, Section 16 thereof, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfied: (i) Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (i) the proposed assignee, sub-lessee or successor in interest of Tenant or (ii) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant; (ii) The proposed assignment or sublease provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or (iii) In the opinion of Landlord or Landlord’s legal counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (i) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, or (ii) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 2 contracts
Samples: Lease Agreement (Cascade Microtech Inc), Lease (Cascade Microtech Inc)
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Leaseherein, including, without limitation, Section 16 thereof24 above, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder hereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfiedif:
(i) A. Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (i) the proposed assignee, subsublessee or successor-lessee or successor in in-interest of Tenant or (ii) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant;
(ii) The B. the proposed assignment or sublease (i) provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales or (ii) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
(iii) In C. in the reasonable opinion of Landlord or and Landlord’s legal counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (i) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, Landlord or (ii) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 1 contract
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Leaseherein, including, without limitation, limitation Section 16 thereof11.1 and Section 11.2 above, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfied:
(i) Landlord, the proposed assignee or subtenant or any person designated by Landlord as having an interest thereinwhich, directly or indirectly, controls, is controlled by, or is under common control with (i) with, the proposed assignee, sub-lessee assignee or successor in interest of Tenant or (ii) any person which, subtenant directly or indirectly, controls, is controlled by by, or is under common control with, the proposed assignee, sublessee with Landlord or successor-in-interest of Tenant;
any person who controls Landlord; and (ii) The the proposed assignment or sublease (a) provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales or (b) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
or (iii) In in the reasonable opinion of Landlord or Landlord’s legal counsel, such proposed assignment, assignment or subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (ia) cause a violation of the Employee Retirement Income Security Act of 1974 by such proposed assignee or subtenant, by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, Landlord or (iib) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in indirectly controls Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 1 contract
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Leasecoxxxxxx xxxxained herein, including, without limitation, Section 16 thereof14 above, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s 's interest thereunder hereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfiedif:
(i1) Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (i) the proposed assignee, subsublessee or successor-lessee or successor in in- interest of Tenant or (ii) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant;
(ii2) The the proposed assignment or sublease (i) provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales or (ii) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Leased Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
(iii3) In in the reasonable opinion of Landlord or and Landlord’s legal 's counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s 's interest hereunder (whether by merger, operation at law or otherwise) will (i) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, Landlord or (ii) result or may in the future result in Landlord, or any person which, directly or indirectly, has an 50 interest in Landlord, receiving “"unrelated business taxable income” " (as defined in the Internal Revenue Code).
Appears in 1 contract
Samples: Office Lease (Continucare Corp)
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Leaseherein, including, without limitation, this Section 16 thereof8.1, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder hereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfied:
if: (i) Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (iA) the proposed assignee, subsublessee or successor-lessee or successor in in-interest of Tenant or (iiB) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant;
; (ii) The the proposed assignment or sublease (A) provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales or (B) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Leased Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
or (iii) In in the reasonable opinion of Landlord or and Landlord’s legal counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (iA) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, Landlord or (iiB) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 1 contract
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Lease, including, without limitation, Section 16 Article 10 thereof, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfied:
(i) Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (i) the proposed assignee, sub-lessee or successor in interest of Tenant or (ii) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant;:
(ii) The proposed assignment or sublease provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
(iii) In the opinion of Landlord or Landlord’s legal counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (i) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, or (ii) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 1 contract
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Lease, including, without limitation, Section 16 thereofthis Article 10, no assignment or subletting by Tenant, Tenant nor any other transfer or vesting of Tenant’s interest thereunder hereunder (whether by merger, operation of law or otherwise), ) shall be permitted if anyone or more of the following conditions are satisfiedif:
(ia) Landlord, or any person designated by Landlord as having an interest therein, directly or indirectly, controls, is controlled by, or is under common control with (i) the proposed assignee, subsublessee or successor-lessee or successor in in-interest of Tenant Tenant; or (ii) any person which, directly or indirectly, controls, is controlled by or is under common control with, the proposed assignee, sublessee or successor-in-interest of Tenant;
(iib) The the proposed assignment or sublease (i) provides for or results in a rental or other payment payments for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or, or (ii) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales;
(iiic) In in the reasonable opinion of Landlord or and Landlord’s legal counsel, such proposed assignment, subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (i) cause a violation of the Employee Retirement Income Security Act of 1974 by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, ; or (ii) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in Landlord, receiving “unrelated business taxable income” (as defined in the Internal Revenue Code).
Appears in 1 contract
Samples: Office Lease (Fitbit Inc)
ERISA and UBTI Restrictions. Notwithstanding anything to the contrary contained in the Leaseherein, including, without limitation, Section 16 thereoflimitation Sections 11.1 and 11.2 above, no assignment or subletting by Tenant, nor any other transfer or vesting of Tenant’s interest thereunder (whether by merger, operation of law or otherwise), shall be permitted if anyone or more of the following conditions are satisfied:
(i) Landlord, the proposed assignee or subtenant or any person designated by Landlord as having an interest thereinwhich, directly or indirectly, controls, is controlled by, or is under common control with (i) with, the proposed assignee, sub-lessee assignee or successor in interest of Tenant or (ii) any person which, subtenant directly or indirectly, controls, is controlled by by, or is under common control with, the proposed assignee, sublessee with Landlord or successor-in-interest of Tenant;
any person who controls Landlord; and (ii) The the proposed assignment or sublease (1) provides for or results in a rental or other payment for the leasing, use, occupancy or utilization of all or any portion of the Leased Premises based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales or (2) does not provide that such assignee or subtenant shall not enter into any lease, sublease, license, concession or other agreement for the use, occupancy or utilization of all or any portion of the Premises which provides for a rental or other payment for such use, occupancy or utilization based, in whole or in part, on the income or profits derived by any person from the property so leased, used, occupied or utilized other than an amount based on a fixed percentage or percentages of gross receipts or sales; or
or (iii) In in the reasonable opinion of Landlord or Landlord’s legal 's counsel, such proposed assignment, assignment or subletting or other transfer or vesting of Tenant’s interest hereunder (whether by merger, operation at law or otherwise) will (i1) cause a violation of the Employee Retirement Income Security Act of 1974 by such proposed assignee or subtenant, by Landlord, or by any person which, directly or indirectly, controls, is controlled by, or is under common control with, Landlord or any person who controls Landlord, Landlord or (ii2) result or may in the future result in Landlord, or any person which, directly or indirectly, has an interest in indirectly controls Landlord, receiving “"unrelated business taxable income” " (as defined in the Internal Revenue Code).
Appears in 1 contract
Samples: Lease Agreement (Interliant Inc)