Landlord’s Options. If at any time or from time to time during the Term Tenant desires to effect a Transfer, Tenant shall deliver to Landlord written notice ("TRANSFER NOTICE") setting forth the terms and provisions of the proposed Transfer and the identity of the proposed assignee, sublessee or other transferee (sometimes referred to hereinafter as a "TRANSFEREE"). Tenant shall also deliver to Landlord with the Transfer Notice, a current financial statement and financial statements for the preceding two (2) years of the Transferee (to the extent the Transferee has been in existence for such period) which have been certified by an authorized officer of such Transferee or by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, Landlord shall have the option, exercisable by written notice delivered to Tenant within ten (10) business days after Landxxxx'x xeceipt of the Transfer Notice, such financial statements and other information, either to: (a) approve or disapprove such Transfer, which approval shall not be unreasonably withheld; or (b) in the event the Transfer is a sublease of the entire Premises ("SPECIAL SUBLEASE"), terminate this Lease with respect to the entire Premises and recapture the Premises, which termination shall be effective thirty (30) days after Tenaxx'x xeceipt of Landlord's notice; provided, however, Tenant may nullify such termination by giving Landlord written notice, within ten (10) business days following Tenant's receipt of Landlord's termination notice, that Tenaxx xxx rescinded the proposed Transfer.
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Samples: Office Lease (Websidestory Inc)
Landlord’s Options. If at any time or from time to time during the Term Whenever Tenant desires to effect a Transfertransfer, Tenant shall deliver to Landlord written notice ("TRANSFER NOTICE"a “Transfer Notice”) setting forth the terms and provisions of the proposed Transfer transfer and the identity of the proposed assignee, sublessee sublessee, or other transferee (sometimes referred to hereinafter as a "TRANSFEREE"“Transferee”). Tenant shall also deliver to Landlord with the Transfer Notice, Notice a current financial statement and financial statements for the preceding two (2) years of the Transferee (to the extent the Transferee has been in existence for such period) which have been certified by an authorized officer of such Transferee or by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, Landlord shall have the option, exercisable by written notice delivered to Tenant within ten by the thirtieth (1030th) business days day after Landxxxx'x xeceipt Landlord’s receipt of the Transfer Notice, such financial statements statements, and other information, either to:to: discretion; or
(a) approve or disapprove such Transfer, which approval shall not be unreasonably withheld; ortransfer in its sole and absolute
(b) in the event the Transfer is a sublease of the entire Premises ("SPECIAL SUBLEASE"), terminate this Lease with respect to the entire Premises and recapture (or, in the Premisescase of a proposed sublease, only that portion of the Premises which Tenant has requested to sublease), which termination shall be effective thirty (30) days after Tenaxx'x xeceipt of Landlord's notice; provided, however, Tenant may nullify such termination by giving Landlord written notice, within ten (10) business days following Tenant's ’s receipt of Landlord's termination notice’s notice and Landlord may, that Tenaxx xxx rescinded at its option, enter into a lease with the proposed TransferTransferee.
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Samples: Deed of Lease
Landlord’s Options. If at any time or from time to time during the Term Tenant desires to effect a Transfer, Tenant shall deliver to Landlord written notice ("TRANSFER NOTICETransfer Notice") setting forth the terms and provisions of the proposed Transfer and the identity of the proposed assignee, sublessee or other transferee (sometimes referred to hereinafter as a "TRANSFEREETransferee"). Tenant shall also deliver to Landlord with the Transfer Notice, a current financial statement and financial statements for the preceding two (2) years of the Transferee (to the extent the Transferee has been in existence for such period) which have been certified by an authorized officer of such Transferee or audited by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, Landlord shall have the option, exercisable by written notice delivered to Tenant within ten (10) business days after Landxxxx'x xeceipt Landlord's receipt of the Transfer Notice, such financial statements and other information, either to:
(a) approve or disapprove such Transfer, which approval shall not be unreasonably withheld, conditioned or delayed; or
(b) in connection with an assignment of this Lease for the event the Transfer is a sublease entire remainder of the entire Premises ("SPECIAL SUBLEASE")Term of this Lease which is not otherwise a Permitted Transfer, terminate this Lease with respect to the entire Premises and recapture the Premises, which termination shall be effective thirty (30) days after Tenaxx'x xeceipt of Landlord's notice; provided, however, Tenant may nullify such termination by giving Landlord written notice, within ten (10) business days following Tenant's receipt of Landlord's termination notice, that Tenaxx xxx rescinded the proposed Transfer.
Appears in 1 contract
Landlord’s Options. If at any time or from time to time during the Term ------------------ Term, Tenant desires to effect a Transfer, Tenant shall deliver to Landlord written notice ("TRANSFER NOTICETransfer Notice") setting forth the terms and provisions of the proposed Transfer and the identity of the proposed assignee, sublessee or other transferee (sometimes referred to hereinafter as a "TRANSFEREETransferee"). Tenant shall also deliver to Landlord with the Transfer Notice, a current financial statement and financial statements for the preceding two (2) years of the Transferee (to the extent the Transferee has been in existence for such period) which have been certified by an authorized officer of such Transferee or audited by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, Landlord shall have the option, exercisable by written notice delivered to Tenant within ten twenty (1020) business days after Landxxxx'x xeceipt Landlord's receipt of the Transfer Notice, such financial statements and other information, either to:
(a) approve or disapprove such Transfer, which approval shall not be unreasonably withheld, delayed or conditioned; or
(b) in the event the Transfer is a sublease of the entire Premises ("SPECIAL SUBLEASE"), terminate this Lease with respect to the entire Premises and recapture in the case of a request to Transfer the entire Premises (or, in the case of a proposed Transfer of less than the entire Premises, only that portion of the Premises which the Tenant has requested to Transfer), which termination shall be effective thirty (30) days after Tenaxx'x xeceipt of Landlord's notice; provided, however, Tenant may nullify such termination by giving Landlord written notice, within ten (10) business days following Tenant's receipt of Landlord's termination notice, that Tenaxx xxx rescinded the proposed Transfer.
Appears in 1 contract
Landlord’s Options. If at any time or from time to time during the Term Term, Tenant desires to effect a Transfertransfer, Tenant shall deliver to Landlord written notice ("TRANSFER NOTICETransfer Notice") setting forth the terms and provisions of the proposed Transfer transfer and the identity of the proposed assignee, sublessee or other transferee (sometimes referred to hereinafter as a "TRANSFEREETransferee"). Tenant shall also deliver to Landlord with the Transfer Notice, a current financial statement and financial statements for the preceding two (2) years of the Transferee (to the extent the Transferee has been in existence for such period) which have been certified by an authorized officer of such Transferee or by a reputable independent accounting firm acceptable to Landlord, and such other information concerning the business background and financial condition of the proposed Transferee as Landlord may reasonably request. Except with respect to a Permitted Transfer, Landlord shall have the option, exercisable by written notice delivered to Tenant within ten (10) business days after Landxxxx'x xeceipt Landlord's receipt of the Transfer Notice, such financial statements and other information, either to:
(a) approve or disapprove such Transfer, which approval shall not be unreasonably withheldtransfer; or
(b) in the event the Transfer is a sublease of the entire Premises ("SPECIAL SUBLEASE"), terminate this Lease with respect to the entire Premises and recapture (or, in the Premisescase of a proposed sublease, only that portion of the Premises which the Tenant has requested to Sublease), which termination shall be effective thirty (30) days after Tenaxx'x xeceipt Tenant's receipt of Landlord's notice; provided, however, that this clause (b) shall not apply unless the proposed transfer (either by itself or when taken together with all prior transfers hereunder) would result in the transfer of 50% or more of the Premises, and provided, further, that if Landlord exercises its option to terminate under this clause (b), Tenant may nullify such termination by giving withdraw its Transfer Notice upon notice to Landlord written notice, within ten five (105) business days following Tenant's receipt of after Landlord's termination notice, that Tenaxx xxx rescinded the proposed Transfernotice is given to Tenant.
Appears in 1 contract
Samples: Lease Agreement (Crosswalk Com)