Common use of Landlord’s Recapture Right Clause in Contracts

Landlord’s Recapture Right. Within ten (10) business days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer, Landlord shall have the option, to be exercised by written notice to Tenant (without limiting Landlord’s other rights under this Lease), of terminating this Lease (or, as to a subletting or assignment, terminate this Lease as to the portion of the Premises proposed to be sublet or assigned) upon the date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may lease all or such portion of the Premises to the prospective transferee (or to any other person or entity) without liability to Tenant. Notwithstanding anything in this Section 15.4 to the contrary, if, within ten (10) days after Tenant receives Landlord’s notice of intent to recapture all or a portion of the Premises, Tenant may withdraw its request for Landlord’s consent to a Transfer, in which case Landlord shall have no right to recapture under this Section 15.4.

Landlord’s Recapture Right. Within Notwithstanding any other provision of this Article 14 to the contrary, but subject to Section 14.7(b), if Tenant notifies Landlord that it desires to enter into a Transfer, then Landlord, in lieu of consenting to such Transfer, may elect, within ten Business Days after receipt of Tenant’s Transfer Consent Request and all of the required information specified in Section 14.2(a) to: (10a) business in the case of an assignment of this Lease, to terminate this Lease, or (b) in the case of a sublease of one or more entire Floors for all or substantially all of the then remaining Term of this Lease, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. In such event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant’s Share under this Lease shall be proportionately reduced) on the earlier of (x) 60 days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer, Landlord shall have the option, to be exercised by written notice to Tenant making the election set forth in this Section 14.7, or (without limiting Landlord’s other rights under this Lease), of terminating this Lease (or, as to a subletting or assignment, terminate this Lease as to y) the portion of date the Premises Transfer was proposed to be sublet or assigned) upon the effective, if such date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay is specified in Tenant’s notice to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by regarding the proposed Transfer. Thereafter, and Landlord may lease all or such portion of the Premises space to any party, including the prospective transferee (or to any other person or entity) without liability to Transferee identified by Tenant. Notwithstanding anything in this Section 15.4 to the contrary, if, within ten (10) days after Tenant receives Landlord’s notice of intent to recapture all or a portion of the Premises, Tenant may withdraw its request for Landlord’s consent to a Transfer, in which case Landlord shall have no right to recapture under this Section 15.4.

Landlord’s Recapture Right. Within ten (10) business days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s Notwithstanding anything herein to the contrary, in addition to withholding or granting consent to a Transferany matter prohibited by SECTION 7.1(A), Landlord shall have the optionright, to be exercised by in writing within thirty (30) days after written notice from Tenant seeking Landlord's consent to Tenant (without limiting Landlord’s other rights under this Lease), of terminating assign this Lease (or, as or to a subletting or assignment, terminate this Lease as to the portion of the Premises proposed to be sublet or assigned) upon the date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to sublease all or any portion of the Premises, then to terminate this Lease shall cease for such portion (in the event of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the a proposed Transfer. Thereafter, Landlord may lease all assignment) or such recapture that portion of the Premises to be subleased (in the prospective transferee event of a proposed sublease). In the case of a proposed assignment, this Lease shall terminate as of the date (or to any other person or entitythe "RECAPTURE DATE") without liability to Tenant. Notwithstanding anything in this Section 15.4 to which is the contrary, if, within ten later of (10a) sixty (60) days after Tenant receives the date of Landlord’s notice 's election, and (b) the proposed effective date of intent to recapture all or a portion such assignment, as if such date were the last day of the Premises, Tenant may withdraw its request for Landlord’s consent to a Transfer, in which case Term of this Lease. If Landlord shall have no right to recapture exercises the rights under this Section 15.4in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. This Section 15.4 shall not apply to either Permitted Transfers or to subleases of less than substantially all of the Premises. Within ten thirty (1030) business days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer, Landlord shall have the option, to be exercised by written notice to Tenant option (without limiting Landlord’s other rights under this Lease), ) of terminating this Lease (or, as to a subletting or assignment, terminate this Lease as to the portion of the Premises proposed to be sublet or assigned) as of the latter of either: upon thirty (30) days notice or the date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may lease all or such portion of the Premises to the prospective transferee (or to any other person or entity) without liability to Tenant. Notwithstanding anything in this Section 15.4 to the contrary, if, within ten (10) days after Tenant receives Landlord’s notice of intent to recapture all or a portion of the Premises, Tenant may withdraw its request for Landlord’s consent to a Transfer, in which case Landlord shall have no right to recapture under this Section 15.4.

Landlord’s Recapture Right. Within ten It is agreed that in lieu of withholding or granting its consent to any assignment or sublease hereunder Landlord may, within thirty (1030) business days after Landlord’s of receipt of Tenant’s submission of Tenant’s written a request for Landlord’s consent to a Transferfrom Tenant, Landlord shall have the option, to be exercised by written notice to Tenant (without limiting Landlord’s other rights under this Lease), of terminating this Lease (or, as to a subletting or assignment, terminate cancel this Lease as to the portion entire Premises in the event of a request for consent to an assignment of this Lease or as to so much of the Premises as Tenant has proposed to be sublet or assigned) upon sublease in the date that the proposed Transfer was event of a request of Tenant to be effectivesublet. If Landlord terminates shall elect to cancel this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may lease all or such portion of the Premises to the prospective transferee (or to any other person or entity) without liability to Tenant. Notwithstanding anything in this Section 15.4 to the contrary, if, within ten (10) days after Tenant receives Landlord’s notice of intent to recapture all or a portion of the Premises, it shall give Tenant may withdraw written notice of its election, which notice shall set forth a “termination date” which shall be not less than sixty (60) or more than one hundred twenty (120) days from the receipt by Landlord of Tenant’s request to assign or sublet, and on that “termination date” Tenant shall surrender the Premises or portion thereof for Landlord’s consent which this Lease has been canceled, in accordance with the provisions of this Lease relating to the surrender of the Premises at the expiration or termination of the Lease Term. If the cancellation shall be as to a Transferportion of the Premises only, in which case Landlord then the Rent and Additional Rent shall have no right be adjusted proportionately to recapture under this Section 15.4reflect said cancellation.

Landlord’s Recapture Right. Within Notwithstanding any of the above provisions of this Article 13 to the contrary, if Tenant notifies Landlord that it desires to enter into a Transfer, within ten (10) business days after Landlord’s of receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer's notice, Landlord shall have must advise Tenant in writing as to whether it elects to (a) in the optioncase of an assignment of the Lease or a sublease of the entire Premises for the entirety (or substantially the entirety) of the remainder of the Term, to be exercised by written notice to Tenant (without limiting Landlord’s other rights under terminate this Lease), or (b) in the case of terminating this Lease a sublease of less than the entire Premises, which sublease is for the entirety (oror substantially the entirety) of the remainder of the Term, as to a subletting or assignment, terminate this Lease as it relates to the portion of the Premises space proposed to be sublet subleased by Tenant. In such event, this Lease will terminate (or assignedthe space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant's Share under this Lease shall be reduced pro rata) upon on the date that the proposed Transfer was proposed to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may thereafter lease all or such portion of the Premises space to any party, including the prospective transferee (or to any other person or entity) without liability to Transferee identified by Tenant. Notwithstanding anything in this Section 15.4 to the contrary, if, within ten (10) days after Tenant receives Landlord’s notice of intent to recapture all or a portion of the Premises, Tenant may withdraw its request for Landlord’s consent to a Transfer, in which case Landlord shall have no right to recapture under this Section 15.4.

Landlord’s Recapture Right. Within ten (10) business days after Landlord’s receipt of Tenant’s submission of Tenant’s written request for Landlord’s consent to a Transfer, Landlord shall have the option, to be exercised by written notice to Tenant (without limiting Landlord’s other rights under this Lease), of terminating this Lease (or, as to a subletting or assignment, terminate this Lease as to the portion of the Premises proposed to be sublet or assigned) upon the date that the proposed Transfer was to be effective. If Landlord terminates this Lease as to all or any portion of the Premises, then this Lease shall cease for such portion of the Premises and Tenant shall pay to Landlord all Rent accrued through the cancellation date relating to the portion of the Premises covered by the proposed Transfer. Thereafter, Landlord may lease all or such portion of the Premises to the prospective transferee (or to Notwithstanding any other person or entity) without liability to Tenant. Notwithstanding anything in provision of this Section 15.4 Article 14 to the contrary, ifbut subject to Section 14.7(b), if Tenant notifies Landlord that it desires to enter into a Transfer, then Landlord, in lieu of consenting to such Transfer, may elect, within ten (10) Business Days after receipt of Tenant’s Transfer Consent Request and all of the required information specified in Section 14.2(a) to: (i) in the case of an assignment of this Lease, to terminate this Lease, or (ii) in the case of a sublease of one or more entire Floors for all or substantially all of the then remaining Term of this Lease, to terminate this Lease as it relates to the space proposed to be subleased by Tenant. In such event, this Lease will terminate (or the space proposed to be subleased will be removed from the Premises subject to this Lease and the Base Rent and Tenant’s Share under this Lease shall be proportionately reduced) on the earlier of (x) sixty (60) days after Tenant receives Landlord’s notice of intent to recapture all Tenant making the election set forth in this Section 14.7, or a portion of (y) the Premisesdate the Transfer was proposed to be effective, Tenant may withdraw its request for Landlordif such date is specified in Tenant’s consent notice to a Landlord regarding the proposed Transfer, in which case and Landlord shall have no right may lease such space to recapture under this Section 15.4any party, including the prospective Transferee identified by Tenant.