Common use of Request by Tenant; Landlord Response Clause in Contracts

Request by Tenant; Landlord Response. If Tenant desires to effect an assignment or sublease, Tenant shall submit to Landlord a request for consent together with the identity of the parties to the transaction, the nature of the transferee's proposed business use for the Premises, the proposed documentation for and terms of the transaction, and all other information reasonably requested by Landlord concerning the proposed transaction and the parties involved therein, including certified financial information, credit reports, the business background and references regarding the transferee, and an opportunity to meet and interview the transferee. Within fifteen (15) days after the later of such interview or the receipt of all such information required by Landlord, or within fifteen (15) days after the date of Tenant's request to Landlord if Landlord does not request additional information or an interview, Landlord shall have the right, by notice to Tenant, to: (i) consent to the assignment or sublease, subject to the terms of this Article 17; or (ii) decline to consent to the assignment or sublease. Provided that the request for consent and documentation is marked "LANDLORD'S RESPONSE IS REQUIRED WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LEASE BETWEEN LANDLORD AND THE UNDERSIGNED" and the envelope containing the request is marked "PRIORITY", Landlord's failure to respond within the fifteen-day period described in the foregoing sentence shall constitute Landlord's consent to the proposed sublease or assignment.

Appears in 2 contracts

Samples: Office Lease (Critical Path Inc), Office Lease (Critical Path Inc)

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Request by Tenant; Landlord Response. If Tenant desires to effect an assignment or sublease, Tenant shall submit to Landlord a request for consent together with the identity of the parties to the transaction, the nature of the transfereeTransferee's proposed business use for the Premises, the portion of the Premises to be Transferred (the "Subject Space"); the proposed documentation for and terms of the transaction, and all other information reasonably requested by Landlord concerning the proposed transaction and the parties involved therein, including certified financial informationinformation for the two (2) year period immediately preceding Tenant's request (if the Transferee has been in business for two (2) years and, if not, certified financial information for the period of time during which Transferee has been in business), credit reports, the business background and references regarding the transfereeTransferee, and an opportunity to meet and interview the transfereeTransferee, and Tenant's good faith estimate of the amount of Transfer Premium (as defined below), if any, payable in connection with the proposed transaction. Within fifteen twenty (1520) days after the later of such interview or the receipt of all such information required by Landlord, or within fifteen thirty (1530) days after the date of Tenant's request to Landlord if Landlord does not request additional information or an interview, Landlord shall have the right, by notice to Tenant, to: (i) consent to the assignment or sublease, subject to the terms of this Article 17; or (ii) decline to consent to the assignment or sublease. Provided that If Landlord consents to a Transfer, but the Transfer does not occur within ninety (90) days after the date of such consent, or if the terms of the proposed Transfer materially change from those set forth in Tenant's request for consent and documentation is marked "LANDLORD'S RESPONSE IS REQUIRED WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LEASE BETWEEN LANDLORD AND THE UNDERSIGNED" Landlord's consent, Tenant shall submit a new request for Landlord's consent, and the envelope containing the request is marked "PRIORITY", Subject Space shall again be subject to Landlord's failure to respond within the fifteen-day period described in the foregoing sentence shall constitute Landlord's consent to the proposed sublease or assignmentrights under this Section 17.2.

Appears in 1 contract

Samples: Lease (Riverbed Technology, Inc.)

Request by Tenant; Landlord Response. If Tenant desires to effect an assignment or sublease, Tenant shall submit to Landlord a request for consent together with the identity of the parties to the transaction, the nature of the transferee's ’s proposed business use for the Premises, the proposed documentation for and terms of the transaction, and all other information reasonably requested by Landlord concerning the proposed transaction and the parties involved thereintherein (provided that Landlord notifies Tenant of any additional information requested by Landlord within five (5) business days after receipt of Tenant’s request for consent), including certified financial informationinformation for the two (2) year period immediately preceding Tenant’s request, credit reports, the business background and references regarding the transferee, and an opportunity to meet and interview the transferee, and Tenant’s good faith estimate of the amount of Excess Rent, if any, payable in connection with the proposed transaction. Within fifteen (15) days after the later of such interview or the receipt of all such information required by Landlord, or within fifteen (15) days after the date of Tenant's request to Landlord if Landlord does not request additional information or an interview, Landlord shall have the right, by notice to Tenant, to: (i) consent to the assignment or sublease, subject to the terms of this Article 17; or (ii) decline to consent to the assignment or sublease. Provided that , and in its written notice to Tenant of such denial, specify the request for grounds on which Landlord has denied consent and documentation is marked "LANDLORD'S RESPONSE IS REQUIRED WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LEASE BETWEEN LANDLORD AND THE UNDERSIGNED" and the envelope containing the request is marked "PRIORITY", Landlord's failure in a written notice to respond within the fifteen-day period described in the foregoing sentence shall constitute Landlord's consent to the proposed sublease or assignmentTenant.

Appears in 1 contract

Samples: Office Lease (Jamba, Inc.)

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Request by Tenant; Landlord Response. If Tenant desires to effect an assignment or sublease, Tenant shall submit to Landlord a request for consent together with the identity of the parties to the transaction, the nature of the transferee's ’s proposed business use for the Premises, the proposed documentation for and terms of the transaction, and all other information reasonably requested by Landlord concerning the proposed transaction and the parties involved therein, including certified financial information, credit reports, the business background and references regarding the transferee, and an opportunity to meet and interview meeting the transferee. Within fifteen twenty (1520) days after the later of such interview meeting or the receipt of all such information required by Landlord, or within fifteen twenty (1520) days after the date of Tenant's ’s request to Landlord if Landlord does not request additional information or an interviewmeeting, Landlord shall have the right, by notice to Tenant, to: (i) consent to the assignment or sublease, subject to the terms of this Article 17; or (ii) decline to consent to the assignment or sublease. Provided that In addition to the foregoing, prior to marketing the Premises for assignment or sublease, Tenant shall deliver notice to Landlord of Tenant’s intent to commence such marketing and within twenty (20) days after delivery of such notice, Landlord may elect to terminate this Lease as to the affected portion of the Premises as of the date specified by Tenant as the effective date of the proposed assignment or sublease, in which event Tenant will be relieved of all unaccrued obligations hereunder as to such portion as of such date, other than those obligations which survive termination of this Lease. If Landlord elects so to terminate, Tenant shall have the right, by notice to Landlord within five (5) days after Landlord’s exercise of such right, to rescind its request for consent and documentation is marked "LANDLORD'S RESPONSE IS REQUIRED WITHIN 15 DAYS OF RECEIPT OF THIS NOTICE PURSUANT TO THE TERMS OF THE LEASE BETWEEN LANDLORD AND THE UNDERSIGNED" and the envelope containing the request is marked "PRIORITY", Landlord's failure to respond within the fifteen-day period described in the foregoing sentence shall constitute Landlord's consent to the proposed sublease assignment or assignmentsubletting, in which event this Lease shall not terminate and shall remain in full force and effect.

Appears in 1 contract

Samples: Office Lease (Mobitv Inc)

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