Excess Consideration. If Landlord consents to the Transfer, Landlord -------------------- shall be entitled to receive as Additional Rent hereunder, fifty percent (50%) of all "Sublease Profits" (as defined below). "Sublease Profits" shall mean any consideration paid by the Transferee for the assignment or sublease and, in the case of a sublease, the excess of the rent and other consideration payable by the subtenant over the amount of Base Rent and Additional Rent payable hereunder applicable to the subleased space, less any and all direct, out-of-pocket expenses and cash concessions, including costs for necessary Alterations and brokerage commission, paid by Tenant to procure the assignee or subtenant. Tenant shall pay to Landlord as additional rent, within ten (10) days after receipt by Tenant, any such excess consideration paid by any transferee (the "Transferee") for the Transfer provided any capital expenditures and brokerage commissions in connection with any sublease shall be amortized over the term of the sublease.
Appears in 2 contracts
Samples: Lease Agreement (Blue Martini Software Inc), Lease Agreement (Mediaplex Inc)
Excess Consideration. If Landlord consents to the Transfer, Landlord -------------------- shall be entitled to receive as Additional Rent hereunder, fifty percent (50%) of all "Sublease Profits" (as defined below). "Sublease Profits" shall mean any consideration paid by the Transferee for the assignment or sublease and, in the case of a sublease, the excess of the rent and other consideration payable by the subtenant over the amount of Base Rent and Additional Rent payable hereunder applicable to the subleased space, less any and all direct, out-of-pocket expenses and cash concessions, including costs for necessary Alterations and brokerage commission, paid by Tenant to procure the assignee or subtenant. Tenant shall pay to Landlord as additional rent, within ten (10) days after receipt by Tenant, any such excess consideration paid by any transferee (the "Transferee") for the Transfer provided any capital expenditures and brokerage commissions in connection with any sublease shall be amortized straight-line, with interest at the rate of ten percent (10%) over the term of the sublease.
Appears in 1 contract
Samples: Lease Agreement (Inktomi Corp)
Excess Consideration. If Landlord consents to the Transfer, Landlord -------------------- shall be entitled to receive as Additional Rent hereunder, fifty percent (50%) of all "Sublease Profits" (as defined below). "Sublease Profits" shall mean any consideration paid by the Transferee for the assignment or sublease and, in the case of a sublease, the excess of the rent and other consideration payable by the subtenant over the amount of Base Rent and Additional Rent payable hereunder applicable to the subleased space, less any and all direct, out-of-pocket expenses and cash concessions, including costs for necessary Alterations Alterations, attorneys' fees (not to exceed One Thousand and 00/ 100 Dollars [$ 1,000.00] in attorneys' fees) and brokerage commission, paid by Tenant to procure the assignee or subtenant. Tenant shall pay to Landlord as additional rent, within ten twenty (1020) days after receipt by Tenant, any such excess consideration paid by any transferee (the "TransfereeTRANSFEREE") for the Transfer provided any capital expenditures and brokerage commissions in connection with any sublease shall be amortized over the term of the sublease.
Appears in 1 contract
Samples: Lease Agreement (Clarent Corp/Ca)
Excess Consideration. If Landlord consents to the Transfer, Landlord -------------------- shall be entitled to receive as Additional Rent hereunder, fifty percent (50%) of all "Sublease Profits" (as defined below). "Sublease Profits" shall mean any consideration paid by the Transferee for the assignment or sublease and, in the case of a sublease, the excess of the rent and other consideration payable by the subtenant over the amount of Base Rent and Additional Rent payable hereunder applicable to the subleased space, less any and all direct, out-of-pocket expenses and cash concessions, including costs for necessary Alterations Alterations, attorneys' fees (not to exceed One Thousand and 00/100 Dollars [$1,000.00] in attorneys' fees) and brokerage commission, paid by Tenant to procure the assignee or subtenant. Tenant shall pay to Landlord as additional rent, within ten twenty (1020) days after receipt by Tenant, any such excess consideration paid by any transferee (the "TransfereeTRANSFEREE") for the Transfer provided any capital expenditures and brokerage commissions in connection with any sublease shall be amortized over the term of the sublease.
Appears in 1 contract
Samples: Sublease (Clarent Corp/Ca)
Excess Consideration. If Landlord consents to the Transfer, Landlord -------------------- shall be entitled to receive as Additional Rent hereunder, fifty percent (50%) of all "Sublease Profits" (as defined below). The term "Sublease Profits" shall mean any consideration paid by the Transferee for the assignment or sublease and, in the case of a sublease, the excess of the rent and other consideration payable by the subtenant over the amount of Base Rent and Additional Rent payable hereunder applicable to the subleased space, less any and all direct, out-of-pocket expenses and cash concessions, including costs for necessary Alterations Alterations, attorneys' fees (not to exceed One Thousand Dollars [$1,000.00] in attorneys' fees) and brokerage commissioncommissions, paid by Tenant to procure the assignee or subtenant. Tenant shall pay to Landlord as additional rent, within ten twenty (1020) days after receipt by Tenant, any such excess consideration paid by any transferee (the "Transferee") for the Transfer Transfer, provided any capital expenditures and brokerage commissions in connection with any sublease shall be amortized over the term of the sublease.
Appears in 1 contract
Samples: Lease Agreement (Natus Medical Inc)