Common use of Limitation on Assignment or Subletting Clause in Contracts

Limitation on Assignment or Subletting. Except as expressly set forth below, Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, or shall not suffer any other person to occupy or use the Leased Premises or any portion thereof, without the prior written consent of Landlord, which consent may be withheld except as hereinafter expressly otherwise provided. Landlord agrees not to withhold consent to any proposed assignment of Tenant's entire interest in this Lease or to a subletting of the entire Leased Premises for all of the then remaining term of this Lease less one (1) day, provided Tenant requests the same in writing, and provided: (i) at the time thereof, Tenant is not in default under this Lease; (ii) Landlord, in its discretion reasonably exercised, determines that the reputation, business, proposed use of the Leased Premises, and financial responsibility of and by the proposed assignee or sublessee, as the case may be, are satisfactory to Landlord; (iii) any assignee shall expressly assume all the obligations of this Lease on Tenant's part to be performed; (iv) such consent, if given, shall not release Tenant of any of its obligations (including, without limitation, its obligation to pay Rent) under this Lease; and (v) Tenant and/or Tenant's assignee in the case of an assignment specifically agree to pay over to Landlord, as Rent, fifty percent (50%) of all sums provided to be paid under the terms and conditions of such sublease or assignment which would be in excess of the amounts otherwise required to be paid by Tenant pursuant to this Lease after deducting the reasonable costs of such subletting or assignment, including without limitation broker's commissions, reasonable attorneys fees, and the cost of any alterations reasonably required in connection therewith; provided that the fair market value of any furniture or equipment leased or sold by Tenant in connection with such assignment or subletting shall be excluded from such calculation. Notwithstanding the foregoing, any consideration given to Tenant by a subleasee or assignee in exchange for a transaction contemplated in Section 14.4 shall not be deemed amounts to be paid by Tenant under the Lease. Any assignment, subletting, or occupancy without Landlord's prior written consent shall be void and shall, at the option of Landlord, constitute a default under this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law without the written consent of Landlord, which consent may be arbitrarily withheld.

Limitation on Assignment or Subletting. Except as expressly set forth below, Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, or thereof and shall not suffer any other person to occupy or use the Leased Premises or any portion thereof, without the prior written consent of LandlordLandlord first had and obtained, which consent may be withheld except as hereinafter expressly otherwise provided. Landlord agrees not to withhold consent to any proposed assignment sublease of TenantTenant 's entire interest in this Lease or to a subletting of the entire Leased Premises for all of the then remaining term Term of this Lease less one (1) day, provided Tenant requests the same in writing, and provided: (i) at the time thereof, Tenant is not in default under this Lease; (ii) Landlord, in its sole discretion reasonably exercised, determines that the reputation, business, proposed use of the Leased Premises, and financial responsibility of and by the proposed assignee or sublessee, as the case may be, are satisfactory to Landlord; (iii) any assignee sublessee shall expressly assume all the obligations of this Lease on Tenant's part to be performed; (iv) such consentconsent , if given, shall not release Tenant of any of its obligations (including, without limitationlimitations, its obligation to pay Rent) under this Lease; and (v) Tenant and/or Tenant's assignee in the case of an assignment sublease specifically agree to pay over to Landlord, as Rent, fifty percent (50%) of all sums net profits provided to be paid under the terms and conditions of such sublease or assignment which would be in excess of the amounts otherwise required to be paid by Tenant pursuant to this Lease after deducting the reasonable costs of such subletting or assignment, including without limitation broker's commissions, reasonable attorneys fees, and the cost of any alterations reasonably required in connection therewith; provided that the fair market value of any furniture or equipment leased or sold by Tenant in connection with such assignment or subletting shall be excluded from such calculation. Notwithstanding the foregoing, any consideration given to Tenant by a subleasee or assignee in exchange for a transaction contemplated in Section 14.4 shall not be deemed amounts to be paid by Tenant under the Lease. Any assignment, subletting, subletting or occupancy without Landlord's prior written consent shall be void and shallshall , at the option of Landlord, constitute a default under this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law without the written consent of Landlord, which consent may be arbitrarily withheld.

Limitation on Assignment or Subletting. Except as expressly set forth below, Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, or shall not suffer any other person to occupy or use the Leased Premises or any portion thereof, without the prior written consent of Landlord, which consent may be withheld except as hereinafter expressly otherwise provided. Landlord agrees not to withhold consent to any proposed assignment of Tenant's ’s entire interest in this Lease or to a subletting of the entire Leased Premises for all of the then remaining term of this Lease less one (1) day, provided Tenant requests the same in writing, and provided: (i) at the time thereof, Tenant is not in default under this Lease, beyond any applicable notice and cure periods; (ii) Landlord, in its discretion reasonably exercised, determines that the reputation, business, proposed use of the Leased Premises, and financial responsibility of and by the proposed assignee or sublessee, as the case may be, are satisfactory to Landlord; (iii) any assignee shall expressly assume all the obligations of this Lease on Tenant's ’s part to be performed; (iv) such consent, if given, shall not release Tenant of any of its obligations (including, without limitation, its obligation to pay Rent) under this Lease; and (v) Tenant and/or Tenant's ’s assignee in the case of an assignment specifically agree to pay over to Landlord, as Rent, fifty percent (50%) of all sums provided to be paid under the terms and conditions of such sublease or assignment which would be in excess of the amounts otherwise required to be paid by Tenant pursuant to this Lease after deducting the reasonable costs of such subletting or assignment, including without limitation broker's commissions, reasonable attorneys fees, and the cost of any alterations reasonably required in connection therewith; provided that the fair market value of any furniture or equipment leased or sold by Tenant in connection with such assignment or subletting shall be excluded from such calculation. Notwithstanding the foregoing, any consideration given to Tenant by a subleasee or assignee in exchange for a transaction contemplated in Section 14.4 shall not be deemed amounts to be paid by Tenant under the Lease. Any assignment, subletting, or occupancy without Landlord's ’s prior written consent shall be void and shall, at the option of Landlord, constitute a default under this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law without the written consent of Landlord, which consent may be arbitrarily withheld.

Limitation on Assignment or Subletting. Except as expressly set forth below, Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, thereof or shall not suffer any other person to occupy or use the Leased Premises or any portion thereof, thereof without the prior written consent of LandlordLandlord first had and obtained, which consent may not be unreasonably withheld except as hereinafter expressly otherwise provided. Landlord agrees not to withhold consent to any proposed assignment of Tenant's entire interest in this Lease or to a subletting of the entire Leased Premises for all of the then remaining term of this Lease less one (1) day, provided Tenant requests the same in writing, and provided: (i) at the time thereof, Tenant is not in default under this Lease; (ii) Landlord, in its sole discretion reasonably exercised, determines that the reputation, business, proposed use of the Leased Premises, and financial responsibility of and by the proposed assignee or sublessee, sublessor as the case may be, are satisfactory to Landlord; (iii) any assignee shall expressly assume all the obligations of this Lease on Tenant's part to be performed; (iv) such consent, if given, shall not release Tenant of any of its obligations (including, without limitationlimitations, its obligation to pay Rent) under this Lease; and (v) Tenant and/or Tenant's assignee in the case of an assignment specifically agree to pay over to Landlord, as Rent, fifty percent (50%) of all sums net profits provided to be paid under the terms and conditions of such sublease or assignment which would be in excess of the amounts otherwise required to be paid by Tenant pursuant to this Lease after deducting the reasonable costs of such subletting or assignment, including without limitation broker's commissions, reasonable attorneys fees, and the cost of any alterations reasonably required in connection therewith; provided that the fair market value of any furniture or equipment leased or sold by Tenant in connection with such assignment or subletting shall be excluded from such calculation. Notwithstanding the foregoing, any consideration given to Tenant by a subleasee or assignee in exchange for a transaction contemplated in Section 14.4 shall not be deemed amounts to be paid by Tenant under the Lease. Any assignment, subletting, subletting or occupancy without Landlord's prior written consent shall be void and shall, at the option of Landlord, constitute a default under this Lease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law without the written consent of Landlord, which consent may be arbitrarily withheld.

Limitation on Assignment or Subletting. Except as expressly set forth below, Tenant shall not assign this Lease, or any interest therein, and shall not sublet the Leased Premises, or any part thereof, or any right or privilege appurtenant thereto, or shall not suffer any other person to occupy or use the Leased Premises or any portion thereof, without the prior written consent of LandlordLandlord first had and obtained, (which consent may be withheld except as hereinafter expressly otherwise provided. Landlord agrees not to withhold consent to any proposed assignment of Tenant's entire interest in this Lease or to a subletting of the entire Leased Premises for all of the then remaining term of this Lease less one (1) day, provided Tenant requests the same in writing, and provided: (i) at the time thereof, Tenant is not in default under this Lease; (ii) Landlord, in its discretion reasonably exercised, determines that the reputation, business, proposed use of the Leased Premises, and financial responsibility of and by the proposed assignee or sublessee, as the case may be, are satisfactory to Landlord; (iii) any assignee shall expressly assume all the obligations of this Lease on Tenant's part to be performed; (iv) such consent, if given, shall not release Tenant of any of its obligations (including, without limitation, its obligation to pay Rent) under this Lease; and (v) Tenant and/or Tenant's assignee in the case of an assignment specifically agree to pay over to Landlord, as Rent, fifty percent (50%) of all sums provided to be paid under the terms and conditions of such sublease or assignment which would be in excess of the amounts otherwise required to be paid by Tenant pursuant to this Lease after deducting the reasonable costs of such subletting or assignment, including without limitation broker's commissions, reasonable attorneys fees, and the cost of any alterations reasonably required in connection therewith; provided that the fair market value of any furniture or equipment leased or sold by Tenant in connection with such assignment or subletting shall be excluded from such calculation. Notwithstanding the foregoing, any consideration given to Tenant by a subleasee or assignee in exchange for a transaction contemplated in Section 14.4 shall not be deemed amounts to be paid unreasonably withheld, conditioned or delayed) if Landlord is reasonably satisfied that the assignee or subtenant has a current net worth at least twenty (20) times the then current annual rent as certified by Tenant under the Leasean independent certified public accountant. Any assignment, subletting, subletting or occupancy without Landlord's ’s prior written consent shall be void and shall, shall at the option of Landlord, constitute a default under this Leaselease. Neither this Lease nor any interest therein shall be assignable as to the interest of Tenant by operation of law without the written consent of Landlord, which consent may not be arbitrarily unreasonably withheld. Notwithstanding the foregoing or anything to the contrary provided herein, Tenant shall have the right to assign the Lease or sublet the Leased Premises (without Landlord’s consent), or any portion thereof, to an entity controlling, controlled by, or under common control with the Tenant, a parent or a subsidiary of Tenant or to any entity with which Tenant has merged or consolidated, or any entity which acquires all, or substantially all of, the assets or equity-interests of Tenant.