Common use of Procedure for Obtaining Consent Clause in Contracts

Procedure for Obtaining Consent. (a) Lessor need not commence its review of any proposed Transfer, or respond to any request by Lessee with respect to such, unless and until it has received from Lessee 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: (i) 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); (ii) Banking references of the proposed transferee; (iii) A resume of the business background and experience of the proposed transferee; (iv) At least two (2) business and two (2) personal references for the proposed transferee; (v) An executed copy of the instrument by which Lessee proposes to effectuate the Transfer. (vi) A certified statement, including the calculation, of the amount of unamortized cost of Lessee's leasehold improvements to the Leased Premises. (b) Lessee shall reimburse Lessor as additional rent for Lessor's reasonable costs and attorneys' fees incurred in conjunction with the processing and documentation of any proposed Transfer of the Leased Premises, whether or not consent is granted.

Appears in 1 contract

Samples: Sublease Agreement (Innova Corporation)

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Procedure for Obtaining Consent. (a) Lessor need not commence its review of any proposed Transfer, or respond to any request by Lessee with respect to such, unless and until it has received from Lessee 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 Judgment as to the acceptability of the proposed Transfer, including including, without limitation, the following: (i) The past two years' year's Federal Income 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); (ii) Banking references of the proposed transferee; (iii) A resume of the business background and experience of the proposed transferee; (iv) At least two five (25) business and two three (23) personal references for the proposed transferee; (v) An executed copy of the instrument by which Lessee proposes to effectuate the Transfer. (vi) A certified statement, including the calculation, of the amount of unamortized cost of Lessee's leasehold improvements to the Leased Premises. (b) Lessee shall reimburse Lessor as additional rent for Lessor's reasonable costs and attorneys' attorney's fees incurred in conjunction with the processing and documentation of any proposed Transfer of the Leased Premises, whether or not consent content is granted.. (1) (See Addendum - Paragraph 25.5(b))

Appears in 1 contract

Samples: Full Service Office Lease (Thinking Tools Inc)

Procedure for Obtaining Consent. (a) Lessor need not commence its review of any proposed Transfer, or respond to any request by Lessee Xxxxxx with respect to such, unless and until it has received from Lessee adequate reasonable descriptive information concerning the transferee, 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 including, without limitation, the following: (i) 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 AccountantAccountant if available); (ii) Banking references of the proposed transferee; (iii) A resume of the business background and experience of the proposed transferee; (iv) At least two five (25) business and two three (23) personal references for the proposed transferee; (v) An executed copy of the instrument by which Lessee Xxxxxx proposes to effectuate the Transfer. (vi) A certified statement, including the calculation, of the amount of unamortized cost of Lessee's leasehold improvements to the Leased Premises. (b) Lessee Xxxxxx shall reimburse Lessor as additional rent Rent for Lessor's ’s reasonable costs and attorneys' fees incurred in conjunction with the processing and documentation of any proposed Transfer of the Leased Premises, whether or not consent is granted.

Appears in 1 contract

Samples: Net Office Lease (Itex Corp)

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Procedure for Obtaining Consent. (a) Lessor need not commence its review of any proposed Transfer, or respond to any request by Lessee with respect to such, unless and until it has received from Lessee 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 including, without limitation, the following: (i) 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); (ii) Banking references of the proposed transferee; (iii) A resume of the business background and experience of the proposed transferee; (iv) At least two five (25) business and two (2) personal references for the proposed transferee; (v) An executed copy of the instrument by which Lessee proposes to effectuate the Transfer. (vi) A certified statement, including the calculation, of the amount of unamortized cost of Lessee's leasehold improvements to the Leased Premises. (b) Lessee shall reimburse Lessor as additional rent for Lessor's reasonable costs and attorneys' fees incurred in conjunction with the processing and documentation of any proposed Transfer of the Leased Premises, whether or not consent is granted.

Appears in 1 contract

Samples: Business Park Net Lease (Innova Corporation)

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