Restriction on Transfers. Tenant will not cause or allow a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, recapture any portion of the Premises that would be affected by such Transfer. Tenant's request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's election to consent, withhold consent and/or recapture within 30 days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transferee. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 2 contracts
Samples: Warehouse Lease Agreement (Advanced Digital Information Corp), Lease Agreement (Wells Real Estate Fund Xiii L P)
Restriction on Transfers. Tenant will not cause or allow suffer a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's reasonable sole and absolute discretion. Landlord may also, at Landlord's option by notifying Tenant, recapture any portion of the Premises that would be affected by such Transfer. Tenant's request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's election to consent, consent or withhold consent and/or recapture within 30 thirty (30) days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transfereetransferee. If Landlord consents to the Transfer, Landlord may impose on Tenant or the transferee such conditions as Landlord, in its sole, absolute and arbitrary discretion, deems appropriate. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% seventy-five percent (75%) of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. In no event may Tenant cause or permit a Transfer to another tenant of the Building. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 2 contracts
Samples: Office Lease Agreement, Office Lease Agreement (ECC Capital CORP)
Restriction on Transfers. Except for a Permitted Transfer, Tenant will not cause or allow suffer a Transfer without obtaining Landlord's ’s prior written consent. Landlord may grant or withhold consent in Landlord's ’s reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, recapture any portion of the Premises that would be affected by such Transfer. Tenant's ’s request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's ’s election to consent, consent or withhold consent and/or recapture within 30 days 15 Business Days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transfereetransferee. If Landlord consents to the Transfer, Landlord may impose on Tenant or the transferee such conditions as Landlord, in its reasonable discretion, deems appropriate. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions and commissions incurred in connection with the Transfer) in excess of (i) the amounts this Lease otherwise requires Tenant to paypay plus (ii) the actual and reasonable out-of-pocket costs and expenses incurred by Tenant for brokerage commissions and Alterations to the Premises in connection with such Transfer. In no event may Tenant cause or permit a Transfer to another tenant of the Building. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Restriction on Transfers. Tenant will not cause or allow a Transfer without obtaining Landlord's ’s prior written consent. Landlord may grant or withhold consent in Landlord's ’s reasonable discretion. Landlord may also, at Landlord's Xxxxxxxx’s option by notifying Tenant, recapture any portion of the Premises that would be affected by such Transfer; provided that Landlord shall not be entitled to recapture the Premises in connection with a Transfer to an Affiliate. Tenant's Xxxxxx’s request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord Xxxxxxxx will notify Tenant of Landlord's ’s election to consent, withhold consent and/or recapture within 30 10 business days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. In the event , and if Landlord fails to respond to a request for consent to a Transfer provide such written notice within such 30-10 business day period, Landlord will the proposed Transfer shall be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transferapproved. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transferee. Landlord may condition its consent to the Transfer on such conditions as Landlord, in its reasonable discretion, deems appropriate. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's ’s reasonable, documented out-of-pocket leasing costs, rental concessions costs and commissions incurred in connection with the Transfer, including but not limited to alterations performed in connection with such leasing and any inducements paid to or on behalf of the Transferee) in excess of the amounts this Lease otherwise requires Tenant to pay. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Samples: Warehouse Lease Agreement (Insignia Systems Inc/Mn)
Restriction on Transfers. Tenant will not cause or allow a Transfer without obtaining Landlord's ’s prior written consent. Landlord may grant , which consent will not be unreasonably withheld and shall be granted or withhold consent in Landlord's reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, recapture any portion of the Premises that would be affected by such Transferdenied within ten Business Days. Tenant's ’s request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's ’s election to consent, consent or withhold consent and/or recapture within 30 days ten Business Days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. In the event ; provided, however, that if Landlord fails to respond to has not notified Tenant of Landlord’s election within such ten-Business Day period, then Tenant will deliver a second request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to accordance with this Section 13.1, and Landlord's ’s failure to respond in 30 days will within five Business Days after its receipt of such second request shall be deemed to be Landlord's consent to the requested ’s approval of such proposed Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transferee. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. Notwithstanding the foregoing or anything to the contrary herein, Tenant shall have the right to sublease all or any portion of the Premises following notice thereof to Landlord, but without Landlord’s consent. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any the amount Tenant receives on account of the Transfer (Transfer, net of Tenant's ’s reasonable, documented out-of-pocket leasing costs, rental concessions and commissions costs incurred in connection with the Transfer) , including, without limitation, marketing costs, commissions, legal fees, and any concessions or allowances provided to the transferee (collectively, “Transfer Costs”), in excess of the amounts this Lease otherwise requires Tenant to pay; provided, however, under no circumstances shall Landlord be paid any such Additional Rent until Tenant has recovered all of its Transfer Costs, it being understood that if in any year the gross revenues from the Transfer are less than the Transfer Costs, the amount of the excess Transfer Costs shall be carried over to the next year and then deducted from the gross revenues from the Transfer for such succeeding year until positive net revenues are achieved. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Restriction on Transfers. Except as provided in Section 13.5, Tenant will not cause or allow a Transfer without obtaining Landlord's ’s prior written consent. , which consent will not be unreasonably withheld, provided that Landlord may grant or withhold consent in Landlord's reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, elect to recapture any portion of the Premises that would be affected by such TransferTransfer as provided in Section 1.1. Tenant's ’s request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's ’s election to consent, withhold consent and/or or recapture within 30 days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transfereetransferee. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's ’s reasonable, documented out-of-pocket leasing costs, rental concessions costs and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Samples: Tenant Lease Agreement (SXC Health Solutions Corp.)
Restriction on Transfers. Except as provided in Section 13.5, Tenant will not cause or allow a Transfer without obtaining Landlord's ’s prior written consent. , which consent will not be unreasonably withheld, conditioned or delayed provided that Landlord may grant or withhold consent in Landlord's reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, elect to recapture any portion of the Premises that would be affected by such TransferTransfer as provided in Section 13.2. Except as provided in Section 13.5, Tenant's ’s request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's ’s election to consent, withhold consent and/or or recapture within 30 thirty (30) days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transfereetransferee. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Samples: Office Lease Agreement (Fender Musical Instruments Corp)
Restriction on Transfers. Tenant will not cause or allow suffer a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's reasonable sole and absolute discretion. Landlord may also, at Landlord's option by notifying Tenant, recapture recapture" any portion of the Premises that would be affected by such Transfer. Tenant's request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's election to consent, withhold consent and/or recapture within 30 days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. In the event Landlord fails to respond to a request for consent to a Transfer within such 30-day period, Landlord will be deemed to have consented to such Transfer, provided that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days will be deemed to be Landlord's consent to the requested Transfer. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transferee. If Landlord consents to the Transfer, Landlord may impose on Tenant or the transferee such conditions as Landlord, in its sole and absolute discretion, deems appropriate. No Transfer releases Tenant from any liability or of obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. _ If Landlord consents to any Transfertransfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. In no event may Tenant cause or permit a Transfer to another tenant of the Building. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Restriction on Transfers. Tenant will not cause or allow a Transfer without obtaining Landlord's prior written consent, which consent will not be unreasonably withheld. Landlord may grant or withhold consent in Landlord's reasonable discretion. Landlord may also, at Landlord's option by notifying Tenant, elect to recapture any portion of the Premises that would be affected by such TransferTransfer as provided in Section 13.2. Tenant's request for consent to a Transfer must describe in detail the parties, terms, portion of the Premises, and other circumstances involved in the proposed Transfer. Landlord will notify Tenant of Landlord's election to consent, withhold consent and/or recapture within 30 days 15 Business Days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. In the event If Landlord fails to respond to a request for consent to a Transfer within deliver such 30-day periodnotice, Landlord will be deemed to have consented to such TransferTransfer but only to the extent that such notice specifies in bold, provided conspicuous language that Tenant stated in such request that, pursuant to this Section 13.1, Landlord's failure to respond in 30 days to the notice within 15 Business Days of receipt will be deemed to be Landlord's a consent to the requested TransferTransfer described in the notice. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed Transferee. No Transfer releases Tenant from any liability or obligation under this Lease and Tenant remains liable to Landlord after such a Transfer as a principal and not as a surety. If Landlord consents to any Transfer, Tenant will pay to Landlord, as Additional Rent, 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs, rental concessions costs and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay; notwithstanding the foregoing, Tenant will not be required to pay to Landlord any amounts received by Tenant on account of a Transfer to an Affiliate of Tenant or to any entity who was an Affiliate of Tenant within six months of the date of any Transfer. Any attempted Transfer in violation of this Lease is null and void and constitutes an Event of Default under this Lease.
Appears in 1 contract
Samples: Lease Agreement (Brightpoint Inc)