Common use of Procedure for Obtaining Consent Clause in Contracts

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (e) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Leased Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty sixty (3060) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignmentassignment requiring consent, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (ec) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Leased Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (e) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Leased Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty fifteen (3015) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignmentassignment requiring consent, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (ec) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (e) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer. Landlord will use commercially reasonable efforts to notify Tenant whether Landlord will consent to any request for a Transfer within thirty (30) days after Landlord receipt of Tenant’s request for a Transfer, together with the information required under this Article 21.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty sixty (3060) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (e) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, other than in connection with a Permitted Transfer, Tenant shall give written notice thereof to Landlord at least thirty fifteen (3015) days but no more than one hundred twenty eighty (120180) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five two (52) business and three (3) personal references for the proposed transferee; and (e) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Leased Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (b) Banking references of the proposed transferee; (c) A resume or description of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (ed) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30a) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (ai) The past two years' Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' years audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant); (bii) Banking references of the proposed transferee; (ciii) A resume of Written statements concerning the business background and experience of the proposed transferee; (div) At least five (5) business and three (3) personal references for the proposed transferee; and; (ev) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer. (b) Tenant shall reimburse Landlord as Additional Rent for Landlord's reasonable costs and attorney's fees incurred in conjunction with the processing and documentation of any proposed Transfer of the Premises, whether or not consent is granted.

Procedure for Obtaining Consent. In the event Tenant desires to sublet, or permit such occupancy of, the Leased Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty fifteen (3015) days but no more than one hundred twenty (120) days prior to the proposed commencement date of such subletting or assignmentassignment requiring consent, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease or assignment and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. With respect to a Transfer requiring Landlord's ’s consent, Landlord need not commence its review of any proposed Transfer, or respond to any request by Tenant with respect to such, unless and until it has received from Tenant adequate descriptive information concerning the business to be conducted by the proposed transferee, the transferee's ’s financial capacity, and such other information as may reasonably be required in order to form a prudent judgment as to the acceptability of the proposed Transfer, including, without limitation, the following: (a) The past two years' ’ Federal Income Tax returns of the proposed transferee (or in the alternative the past two years' ’ audited annual Balance Sheets and Profit and Loss statements, certified correct by a Certified Public Accountant);; Divco\Gateway/Tobira Lease (b) Banking references of the proposed transferee; (c) A resume of the business background and experience of the proposed transferee; (d) At least five (5) business and three (3) personal references for the proposed transferee; and (ec) An executed copy of the instrument by which Tenant proposes to effectuate the Transfer.