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Exempt Sublets Sample Clauses

Exempt SubletsNotwithstanding the above, Landlord’s prior written consent shall not be required for a Sublet to (i) an entity that controls, is controlled by, or is under common control with, Tenant, or (ii) an entity resulting from a merger with, consolidation or other corporate reorganization of Tenant, if Tenant gives Landlord prior written notice of the name of any such Subtenant and, in the event of an assignment, the assignee assumes, in writing, for the benefit of Landlord all of Tenant’s obligations under this Lease. An assignment or other transfer of this Lease to a purchaser of all or substantially all of the assets of Tenant shall be deemed a Sublet requiring Landlord’s prior written consent.
Exempt SubletsNotwithstanding the above, Landlord's prior -------------- written consent shall not be required for an assignment of this Lease to a subsidiary, affiliate or parent corporation of Tenant; a corporation into which Tenant merges or consolidates; or a purchaser of all or substantially all of the assets of Tenant provided that: (i) Tenant gives Landlord prior written notice of the name of any such assignee, (ii) the assignee assumes, in writing, for the benefit of Landlord all of Tenant's obligations under the Lease, and (iii) in the case of an assignment to a purchaser of Tenant's assets, as of the date of the transfer, the transferee has a tangible net worth (exclusive of good will) greater than or equal to ten (10) times the annual net Monthly Rent then payable under the Lease.
Exempt SubletsNotwithstanding the above, Landlord's prior written consent shall not be required for a Sublet to a subsidiary, affiliate or parent corporation of Tenant, a corporation or partnership into which Tenant merges or consolidates, or a purchaser of all or substantially all of the assets of Tenant, provided that Tenant gives Landlord prior written notice of the name of any such Subtenant and, in the event of an assignment (i) the assignee has a net worth, at the time of such assignment, that is equal to or greater than the net worth of Tenant immediately prior to such assignment, and (ii) the assignee assumes, in writing, for the benefit of Landlord all of Tenant's obligations under the Lease.
Exempt SubletsNotwithstanding the above, Lessor's prior written consent shall not be required for an assignment of this Lease to a subsidiary, affiliate or parent corporation of Lessee, or a corporation into which Lessee merges or consolidates, if Lessee gives Lessor prior written notice of the name of any such assignee, and if the assignee assumes, in writing, for the benefit of Lessor all of Lessee's obligations under the Lease. An assignment or other transfer of this Lease to a purchaser of all or substantially all of the assets of Lessee shall be deemed a sublet requiring Lessor's prior written consent.
Exempt SubletsNotwithstanding the provisions of Paragraph 24.1 to the contrary, Landlord’s prior written consent shall not be required for (and the provisions of Paragraphs 24.3, 24.6 and 24.7 shall not apply to) the following (“Permitted Transfers”): (i) a Sublet of the Lease or the Premises, or any part thereof, to any entity controlling, controlled by, under common control with, Tenant, (ii) Tenant’s assignment of this Lease to a purchaser or other transferee in connection with any sale by Tenant of all or substantially all of its assets or stock in a transaction or series of transactions, or to any other successor entity which may result by way of merger, consolidation, sale, or acquisition, or (iii) a Sublet to any entity with whom Tenant is undertaking or will undertake a joint venture or similar joint research and development, marketing, distribution, sales or development project at the Premises, provided that (x) for any Permitted Transfer Tenant gives Landlord prior (subject to any nondisclosure obligations that are binding upon Tenant) written notice of the name of the Subtenant and its contact information; (y) in the event of an assignment of this Lease the assignee assumes, in writing, all of Tenant’s obligations under the Lease, and (z) in the event of an assignment of this Lease to a purchaser or successor entity, the assignee has a tangible net worth that is equal to or greater than the tangible net worth of the Tenant immediately prior to such assignment.
Exempt SubletsNotwithstanding the above, Lessor's prior written -------------- consent shall not be required for an assignment of this Lease or the sublet of the Premises to an entity which controls, is controlled by or under common control with, Lessee, or a corporation into which Lessee merges or consolidates, provided that (i) Lessee gives Lessor prior written notice of the name any such assignee, (ii) at the time of such assignment, the assignee has net worth that is equal to or greater than the net worth of Lessee immediately prior to such assignment; and (iii) the assignee assumes, in writing, for the benefit of Lessor, all of Lessee's obligations under the Lease. An assignment or other transfer of this Lease to a purchaser of all or substantially all of the assets of Lessee shall be deemed a Sublet requiring Lessor's prior written consent. Lessor's right to excess subrent shall not apply to a sublet described in this Section F. In addition, the sale of Lessee's shares over a public exchange shall not be deemed a sublet requiring Lessor's consent.
Exempt SubletsNotwithstanding the above, Xxxxxxxx’s prior written consent shall not be required for a Sublet to an entity that controls, is controlled by, or is under common control with, Tenant, or an entity into which Tenant merges or consolidates, or to a purchaser of all or substantially all of the assets or stock of Tenant, provided that Tenant gives Landlord prior written notice of the name of any such Subtenant and, in the event of an assignment (i) the assignee has a net worth, at the time of the assignment, that is equal to or greater than the net worth of Tenant immediately prior to such assignment; and (ii) the assignee assumes, in writing, for the benefit of Landlord all of Tenant’s obligations under the Lease. For the avoidance of doubt, Xxxxxxxx’s rights under Section 24.3(iii) shall not apply to a Sublet pursuant to this Section 24.5.
Exempt SubletsNotwithstanding the above, Lessor's prior written consent shall not be required for an assignment of this Lease to an entity which controls, is controlled by or under common control with, Lessee, or a corporation into which Lessee merges or consolidates, provided that (i) Lessee gives Lessor prior written notice of the name any such assignee, (ii) at the time of such assignment, the assignee has net worth that is equal to or greater than the net worth of Lessee immediately prior to such assignment; and (iii) the assignee assumes, in writing, for the benefit of Lessor, all of Lessee's obligations under the Lease. An assignment or other transfer of this Lease to a purchaser of all or substantially all of the assets of Lessee shall not be deemed a Sublet requiring Lessor's prior written consent.
Exempt SubletsNotwithstanding the above, Lessor’s prior written consent shall not be required for an assignment of this Lease to an entity which controls, is controlled by or under common control with, Lessee, to a corporation into which Lessee merges or consolidates, to a successor entity related to Lessee by non-bankruptcy reorganization, or government action, or to a purchaser of substantially all of Lessee’s assets located in the Premises provided that (i) Lessee gives Lessor prior written notice of the name any such assignee, (ii) at the time of such assignment, the assignee has net worth that is equal to or greater than the net worth of Lessee immediately prior to such assignment; and (iii) the assignee assumes, in writing, for the benefit of Lessor, all of Lessee’s obligations under the Lease. In addition, and notwithstanding anything to the contrary in this Paragraph 21, neither (i) the sale, transfer or public offering of Lessee’s capital stock, (ii) the institutional, venture or other private financing by Lessee to raise additional capital, nor (iii) any change of control of Lessee resulting from (i) or (ii) shall be deemed an assignment of the Lease or a subletting of the Premises, and Lessor’s consent shall not be required for any of the foregoing transactions.
Exempt SubletsNotwithstanding the above, Lessor’s prior written consent shall not be required for an assignment of this Lease to an entity which controls, is controlled by or under common control with, Lessee, to a corporation into which Lessee merges or consolidates, to a successor entity related to Lessee by non-bankruptcy reorganization, or government action, or to a purchaser of substantially all of Lessee’s assets located in the Premises provided that (i) Lessee gives Lessor prior written notice of the name any such assignee, (ii) at the time of such assignment, the assignee has net worth that is equal to or greater than the net worth of Lessee immediately prior to such assignment; and (iii) the assignee assumes, in writing, for the benefit of Lessor, all of Lessee’s obligations under the Lease. In addition, and notwithstanding anything to the contrary in this Paragraph 21, neither (i) the sale, transfer or public offering of Lessee’s capital stock, (ii) the institutional, venture or other private financing by Lessee to raise additional capital, nor (iii) any change of control of Lessee resulting from (i) or (ii) shall be deemed an assignment of the Lease or a subletting of the Premises, and Lessor’s consent shall not be required for any of the foregoing transactions. Lessor acknowledges that Lessee intends to sublease a portion of the Premises to Gamespan (the “Gamespan Sublease”). Lessor hereby consents to the Gamespan Sublease and agrees that the existence of the Gamespan Sublease shall not affect Lessee’s right to extend the term of this Lease as set forth in Section 4 of this Lease. Lessor acknowledges and agrees that Lessee may allow the subtenant under the Gamespan Sublease to extend the term of such sublease if Lessee exercises the right to extend the term of this Lease as provided in Section 4 above. However, in the event that the Master Lease between Stratalight and Los Gatos Business terminates for any reason whatsoever, the sublease shall terminate concurrently. Lessee shall not be obligated to pay Lessor any consent or review fee or any attorneys’ fees or other fees in connection with Lessor’s consent to the Gamespan Sublease.