Common use of NO ASSIGNMENT, SUBLETTING OR ENCUMBERING OF LEASE Clause in Contracts

NO ASSIGNMENT, SUBLETTING OR ENCUMBERING OF LEASE. (a) Except as otherwise provided in this Article XI and notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, or mortgage or otherwise encumber, this Lease, in whole or in part, or any of its rights hereunder, (ii) sublet the Leased Premises or any part thereof, or permit the use of the Leased Premises or any part thereof by any persons other than Tenant or its agents. Any such attempted or purported transfer, assignment, mortgaging or encumbering of this Lease or any of Tenant's interest hereunder and any attempted or purported subletting or grant of a right to use or occupy all or a portion of the Leased Premises in violation of the foregoing sentence, whether voluntary or involuntary or by operation of law or otherwise, shall be null and void and shall not confer any rights upon any purported transferee, assignee, mortgagee, or occupant, and shall, at Landlord's option, terminate this Lease without relieving Tenant of any of its obligations hereunder for the balance of the stated Term. Nothing contained elsewhere in this Lease shall authorize Tenant to enter into any franchise, concession, license, permit, subtenancy, departmental operation arrangements or the like, except pursuant to the provisions of this Article XI. Notwithstanding the provisions of this Article XI to the contrary, Landlord's consent shall not be unreasonably withheld or delayed to an assignment of this Lease or a sublease for all or any portion of the Leased Premises (by merger, consolidation or otherwise) to another entity (the "Transferee") to which Tenant shall simultaneously be transferring all or substantially all of its stock or all or substantially all of its assets, provided that: (1) Tenant shall not at the time of such transfer be in default under any of the terms, covenants and conditions of this Lease beyond any applicable grace period, (2) such Transferee shall agree in writing to perform all of the unperformed terms, covenants and conditions of this Lease and (3) Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. Notwithstanding anything to the contrary set forth in this Article XI and without application of any prior provisions of this Article XI, Tenant shall have the right, without Landlord's consent but with prior written notice to Landlord, to assign this Lease or sublet the Leased Premises to its parent corporation or any of its wholly-owned subsidiaries, or any affiliate or subsidiary of Tenant's parent corporation provided that Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. In addition, Tenant may, without violating the provisions of this Article XI, sell or offer for sale its voting stock to the public in accordance with the qualifications or registration requirements of the state where Tenant is incorporated and the Securities Act of 1933, as amended.

NO ASSIGNMENT, SUBLETTING OR ENCUMBERING OF LEASE. (a) Except as otherwise provided in this Article XI and notwithstanding Notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, or mortgage or otherwise encumber, this Lease, in whole or in part, Lease or any of its rights hereunder, (ii) sublet the Leased Premises or any part thereof, or permit the use of the Leased Premises or any part parts thereof by any persons other than Tenant or its agents, or (iii) permit the assignment or other transfer of this Lease or any of Xxxxxx's rights hereunder by operation of law. Any such attempted or purported transfer, assignment, mortgaging or encumbering of this Lease or any of Tenant's interest hereunder without the prior written consent of Landlord, which consent shall not be unreasonably withheld, conditioned, or delayed and any attempted or purported subletting or grant of a right to use or occupy all or a portion of the Leased Premises in violation of the foregoing sentence, whether voluntary or involuntary or by operation of law or otherwise, shall be null and void and shall not confer any rights upon any purported transferee, assignee, mortgagee, or occupant, and shall, at Landlord's option, terminate this Lease without relieving Tenant of any of its obligations hereunder for the balance of the stated Termterm. Nothing contained elsewhere in this Lease shall authorize Tenant to enter into any franchise, concession, license, permit, subtenancysub tenancy, departmental operation arrangements or the like, except pursuant to the provisions of this Article XIXXIV. Notwithstanding the provisions forgoing, Tenant is authorized by Landlord to sublease portions of this Article XI the interior Premises to independent contractors/sublessees as they relate to the contrary, Landlord's consent business operation of Tenant. Any other Sublease or Assignment shall not be unreasonably withheld or delayed subject to an assignment of this Lease or a sublease for all or any portion of the Leased Premises (by merger, consolidation or otherwise) to another entity (the "Transferee") to which Tenant shall simultaneously be transferring all or substantially all of its stock or all or substantially all of its assets, provided that: (1) Tenant shall not at the time of such transfer be in default under any of the terms, covenants terms and conditions of this Lease beyond any applicable grace period, (2) such Transferee shall agree in writing to perform all of the unperformed terms, covenants and conditions of this Lease and (3) Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. Notwithstanding anything to the contrary set forth in this Article XI and without application of any prior provisions of this Article XI, Tenant shall have the right, without Landlord's consent but with prior written notice to Landlord, to assign this Lease or sublet the Leased Premises to its parent corporation or any of its wholly-owned subsidiaries, or any affiliate or subsidiary of Tenant's parent corporation provided that Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. In addition, Tenant may, without violating the provisions of this Article XI, sell or offer for sale its voting stock to the public in accordance with the qualifications or registration requirements of the state where Tenant is incorporated and the Securities Act of 1933, as amended.

NO ASSIGNMENT, SUBLETTING OR ENCUMBERING OF LEASE. (a) Except as otherwise provided in this Article XI and notwithstanding Notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, or mortgage or otherwise encumber, this Lease, in whole or in part, or any of its rights hereunder, or (ii) sublet the Leased Premises or any part thereof, or permit the use of the Leased Premises or any part thereof by any persons other than Tenant or its agents. Any such attempted or purported transfer, assignment, mortgaging or encumbering of this Lease or any of Tenant's interest hereunder and any attempted or purported subletting or grant of a right to use or occupy all or a portion of the Leased Premises in violation of the foregoing sentence, whether voluntary or involuntary or by operation of law or otherwise, shall be null and void and shall not confer any rights upon any purported transferee, assignee, mortgagee, or occupant, and shall, at Landlord's option, terminate this Lease without relieving Tenant of any of its obligations hereunder for the balance of the stated Termterm. Nothing contained elsewhere in this Lease shall authorize Tenant to enter into any franchise, concession, license, permit, subtenancy, departmental operation arrangements or the like, except pursuant to the provisions of this Article XI. Notwithstanding the provisions of this Article XI to the contrary, Landlord's consent shall not be unreasonably withheld or delayed to an assignment of this Lease or a sublease for of all or any portion of the Leased Premises (by merger, consolidation or otherwise) to another entity (the "Transferee") to which Tenant shall simultaneously be transferring all or substantially all of its stock or all or substantially all of its assets, provided that: (1i) the number of stores being transferred must consist of at least three (3) stores, (ii) Tenant shall not at the time of such transfer be in default under any of the terms, covenants and conditions of this Lease beyond any applicable grace period, (2iii) such Transferee shall agree in writing to perform all of the unperformed terms, covenants and conditions of this Lease Lease, and (3iv) Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. Notwithstanding anything to the contrary set forth in this Article XI and without application of any prior provisions of this Article XI, Tenant shall also have the right, without Landlord's consent but with prior written notice to Landlordconsent, to assign this Lease or sublet the Leased Premises to its parent corporation or any of its wholly-owned subsidiaries, or any affiliate or subsidiary of Tenant's parent corporation provided that Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Leasecorporation. In addition, Tenant may, without violating the provisions of this Article XI, sell or offer for sale its voting stock to the public in accordance with the qualifications or registration requirements of the state where Tenant is incorporated and the Securities Security Act of 1933, as amended.

NO ASSIGNMENT, SUBLETTING OR ENCUMBERING OF LEASE. (a) Except as otherwise provided in this Article XI and notwithstanding Notwithstanding any references to assignees, subtenants, concessionaires or other similar entities in this Lease, Tenant shall not (i) assign or otherwise transfer, or mortgage or otherwise encumber, this Lease, in whole or in part, or any of its rights hereunder, or (ii) sublet the Leased Premises or any part thereof, or permit the use of the Leased Premises or any part thereof by any persons other than Tenant or its agents. Any such attempted or purported transfer, assignment, mortgaging or encumbering of this Lease or any of Tenant's interest hereunder and any attempted or purported subletting or grant of a right to use or occupy all or a portion of the Leased Premises in violation of the foregoing sentence, whether voluntary or involuntary or by operation of law or otherwise, shall be null and void and shall not confer any rights upon any purported transferee, assignee, mortgagee, or occupant, and shall, at Landlord's option, terminate this Lease without relieving Tenant of any of its obligations hereunder for the balance of the stated Termterm. Nothing contained elsewhere in this Lease shall authorize Tenant to enter into any franchise, concession, license, permit, subtenancy, departmental operation arrangements or the like, except pursuant to the provisions of this Article XIXl. Notwithstanding the provisions of this Article XI Xl to the contrary, Landlord's consent shall not be unreasonably withheld or delayed to an assignment of this Lease or a sublease for of all or any portion of the Leased Premises (by merger, consolidation or otherwise) to another entity (the "Transferee") to which Tenant shall simultaneously be transferring all or substantially all of its stock or all or substantially all of its assets, provided that: (1i) the number of stores being transferred must consist of at least three (3) stores, (ii) Tenant shall not at the time of such transfer be in default under any of the terms, covenants and conditions of this Lease beyond any applicable grace period, (2iii) such Transferee shall agree in writing to perform all of the unperformed terms, covenants and conditions of this Lease Lease, and (3iv) Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Lease. Notwithstanding anything to the contrary set forth in this Article XI and without application of any prior provisions of this Article XI, Tenant shall also have the right, without Landlord's consent but with prior written notice to Landlordconsent, to assign this Lease or sublet the Leased Premises to its parent corporation or any of its wholly-owned subsidiaries, or any affiliate or subsidiary of Tenant's parent corporation provided that Tenant shall at all times remain primarily obligated for the performance of the terms, covenants and conditions of this Leasecorporation. In addition, Tenant may, without violating the provisions of this Article XI, sell or offer for sale its voting stock to the public in accordance with the qualifications or registration requirements of the state where Tenant is incorporated and the Securities Security Act of 1933, as amended.