Common use of Requirement of Landlord Consent Clause in Contracts

Requirement of Landlord Consent. (a) You shall not have the right to assign, sublet, transfer or encumber this Lease, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any attempted assignment, subletting, transfer or encumbrance by you in violation of the terms and covenants of this Section shall be void. If Landlord consents to an assignment or subletting, as a condition thereto which the parties agree is reasonable, you shall pay to Landlord one-half of any Transfer Premium. Any assignment, subletting or other transfer of your interest in this Lease shall be for an amount equal to the then fair market value of such interest. These covenants shall run with the land and shall bind you and your successors and assigns. No assignment, subletting or other transfer, whether consented to by Landlord or not, shall relieve you of your liability and obligations hereunder. Upon the occurrence of an Event of Default, if the Premises or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided, may at Landlord’s option collect directly from such assignee or subtenant all rents becoming due to you under such assignment or sublease and apply such rent against any sums due to Landlord for you hereunder, and no such collection shall be construed to constitute a novation or a release of you from the further performance of your obligations hereunder. Any assignee, sublessee or transferee of your interest in this Lease (all such assignees, sublessees and transferees being hereinafter referred to as “successors”), by assuming your obligations hereunder shall assume liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of the immediately preceding sentence.

Appears in 1 contract

Samples: Multi Tenant Lease (MAKO Surgical Corp.)

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Requirement of Landlord Consent. (a) You shall not have the right to assign, sublet, transfer or encumber this Lease, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed. Any attempted assignment, subletting, transfer or encumbrance by you in violation of the terms and covenants of this Section shall be void. If Landlord consents to an assignment or subletting, as a condition thereto which the parties agree agree, is reasonable, you shall pay to Landlord one-half of any Transfer Premium. Any assignment, subletting or other transfer of your interest in this Lease shall be for an amount equal to the then fair market value of such interest. These covenants shall run with the land and shall bind you and your successors and assigns. No assignment, subletting or other transfer, whether consented to by Landlord or not, shall relieve you of your liability and obligations hereunder. Upon the occurrence of an Event of Default, if the Premises or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided, may at Landlord’s option collect directly from such assignee or subtenant all rents becoming due to you under such assignment or sublease and apply such rent against any sums due to Landlord for you hereunder, and no such collection shall be construed to constitute a novation or a release of you from the further performance of your obligations hereunder. Any assignee, sublessee or transferee of your interest in this (his Lease (all such assignees, sublessees and transferees being hereinafter referred to as “successors”), by assuming your obligations hereunder shall assume assume, liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of the immediately preceding sentence.

Appears in 1 contract

Samples: Industrial Multi Tenant Lease (Vitacost.com, Inc.)

Requirement of Landlord Consent. (a) You Subject to your right to assign or sublet to an Affiliate as specified elsewhere in this Article, you shall not have the right to assign, sublet, transfer or encumber this Lease, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, delayed or delayedconditioned upon payment of any consideration. Landlord's failure to respond to you within thirty days following Landlord's receipt of your written request pursuant to this paragraph shall be deemed to be consent. Any attempted assignment, subletting, transfer or encumbrance by you in violation of the terms and covenants of this Section shall be void. If Landlord consents to an assignment or subletting, as a condition thereto which the parties agree is reasonable, you shall pay to Landlord one-half (1/2) of any Transfer Premium. Any If any assignment, subletting for more than fifty percent (50%) of the remainder of the term, or other form of transfer of your interest in this Lease other than to an Affiliate is less than eighty percent (80%) of the then fair market value of such interest, Landlord, in lieu of consenting to such assignment, subletting or other transfer of your interest in this Lease may instead elect, upon written notice to you, unless you withdraw your request to assign, sublet or otherwise transfer your interest in this Lease within ten days following your receipt of Landlord's written election, to terminate this Lease by providing you with written notice of such termination, provided, however, if the transaction is a subletting for more than fifty percent (50%) of the remainder of the term but which is for less than the entire Premises, then Landlord's right of termination shall be for an amount equal only apply to the then fair market value portion of such interestthe Premises to which the subletting applies. These covenants shall run with the land and shall bind you and your representatives in any bankruptcy proceeding, successors and assigns. Any assignee, sublessee or transferee of your interest in this Lease (all such assignees, sublessees and transferees being hereinafter referred to as "successors"), by assuming your obligations hereunder shall assume liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of this Paragraph. No assignment, subletting or other transfer, whether consented to by Landlord or not, shall relieve you of your liability and obligations hereunder. Upon the occurrence of an "Event of Default" as hereinafter defined, if the Premises or Landlord: Tenant: ------ ------ any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided, as provided by law, may at Landlord’s its option collect directly from such assignee or subtenant all rents becoming due to you under such assignment or sublease and apply such rent against any sums due to Landlord for you hereunder, and no such collection shall be construed to constitute a novation or a release of you from the further performance of your obligations hereunder. Any assignee, sublessee or transferee of your interest in this Lease (all such assignees, sublessees and transferees being hereinafter referred to as “successors”), by assuming your obligations hereunder shall assume liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of the immediately preceding sentence.

Appears in 1 contract

Samples: Lease Agreement (Tradestation Group Inc)

Requirement of Landlord Consent. (a) You shall Except as otherwise expressly provided for herein, you do not have the right to assign, sublet, transfer or encumber this Lease, or any interest therein, without the prior written consent of Landlord, which consent shall will not be unreasonably withheld or delayed. Any attempted assignment, subletting, transfer or encumbrance by you in violation of the terms and covenants of this Section shall or this Lease will be void. If Landlord consents to an assignment or subletting, as a condition thereto which the parties agree is reasonable, you shall will pay to Landlord one-half of any Transfer Premium. Any assignment, subletting or other transfer of your interest in this Lease shall must be for an amount equal to the then fair market value of such interest. These covenants shall run with the land and shall will bind you and your successors and assigns. No assignment, subletting or other transfer, whether consented to by Landlord or not, shall will relieve you of your liability and obligations hereunder. Upon the occurrence of an Event of Default, if the Premises or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided, may at Landlord’s option collect directly from such assignee or subtenant all rents becoming due to you under such assignment or sublease and apply such rent against any sums due to Landlord for you hereunder, and no such collection shall will be construed to constitute a novation or a release of you from the further performance of your obligations hereunder. Any assignee, sublessee or transferee of your interest in this Lease (all such assignees, sublessees and transferees being hereinafter referred to as “successors”), by assuming your obligations hereunder shall will assume liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of the immediately preceding sentence.

Appears in 1 contract

Samples: Lease (MAKO Surgical Corp.)

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Requirement of Landlord Consent. (a) You shall not have the right to assign, sublet, transfer or encumber this Lease, or any interest therein, without the prior written consent of Landlord, which consent shall not be unreasonably withheld withheld, delayed or delayedconditioned. Any attempted assignment, subletting, transfer or encumbrance by you in violation of the terms and covenants of this Section shall be void. If Landlord consents to an assignment or subletting, as a condition thereto which the parties agree is reasonable, you shall pay to Landlord one-half fifty percent (50%) of any Transfer Premium. Any assignment, subletting or other transfer of your interest in this Lease shall be for an amount equal to the then fair market value of such interest. These covenants shall run with the land and shall bind you and your successors and assigns. No assignment, subletting or other transfer, whether consented to by Landlord or not, shall relieve you of your liability and obligations hereunder. Upon the occurrence of an Event of Default, if the Premises or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided, may at Landlord’s 's option collect directly from such assignee or subtenant all rents becoming due to you under such assignment or sublease and apply such rent against any sums due to Landlord for you hereunder, and no such collection shall be construed to constitute a novation or a release of you from the further performance of your obligations hereunder. Any assignee, sublessee or transferee of your interest in this Lease (all such assignees, sublessees and transferees being hereinafter referred to as "successors"), by assuming your obligations hereunder shall assume liability to Landlord for all amounts paid to persons other than Landlord by such successors in contravention of the immediately preceding sentence.

Appears in 1 contract

Samples: Industrial Lease (DHB Industries Inc)

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