Common use of Restriction on Transfers Clause in Contracts

Restriction on Transfers. Tenant will not cause or suffer a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's sole and absolute discretion. 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 or withhold consent within thirty (30) days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. 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, 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, seventy-five percent (75%) of any amount Tenant receives on account of 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: Sublease Agreement, Sublease Agreement (ECC Capital CORP)

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Restriction on Transfers. Tenant will not cause or suffer allow a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's sole and absolute 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 or consent, withhold consent and/or recapture within thirty (30) 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, absolute and arbitrary discretion, deems appropriateTransferee. 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, seventy-five percent (75%) 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 2 contracts

Samples: Lease Agreement (Advanced Digital Information Corp), Lease Agreement (Wells Real Estate Fund Xiii L P)

Restriction on Transfers. Except as provided in Section 13.5, Tenant will not cause or suffer 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 elect to recapture any portion of the Premises that would be affected by such Transfer as provided in Landlord's sole and absolute discretionSection 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 or withhold consent recapture within thirty (30) 30 days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. 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, 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of the Transfer (net of Tenant’s reasonable, documented out-of-pocket leasing costs 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

Samples: Multi Tenant Lease Agreement (SXC Health Solutions Corp.)

Restriction on Transfers. Except for a Permitted Transfer, Tenant will not cause or suffer a Transfer without obtaining Landlord's ’s prior written consent. Landlord may grant or withhold consent in Landlord's sole and absolute ’s reasonable discretion. 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 or withhold consent within thirty (30) days 15 Business Days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. 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, absolute and arbitrary 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of 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

Samples: Office Lease Agreement (Shopping Com LTD)

Restriction on Transfers. Tenant will not cause or suffer allow a Transfer without obtaining Landlord's ’s prior written consent. Landlord may grant or withhold consent in Landlord's sole and absolute ’s reasonable discretion. Landlord may also, at Xxxxxxxx’s option by notifying Tenant's , 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. 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 or consent, withhold consent and/or recapture within thirty (30) 10 business days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant, and if Landlord fails to provide such written notice within such 10 business day period, the proposed Transfer shall be deemed approved. Tenant will provide Landlord with any additional information Landlord reasonably requests regarding the proposed Transfer or the proposed transfereeTransferee. If Landlord consents may condition its consent to the Transfer, Landlord may impose Transfer on Tenant or the transferee such conditions as Landlord, in its sole, absolute and arbitrary 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of the Transfer (net of Tenant’s reasonable, documented out-of-pocket leasing 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. 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

Samples: Industrial/Warehouse Lease Agreement (Insignia Systems Inc/Mn)

Restriction on Transfers. Except as provided in Section 13.5, Tenant will not cause or suffer 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 elect to recapture any portion of the Premises that would be affected by such Transfer as provided in Landlord's sole and absolute discretionSection 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 or withhold consent recapture within thirty (30) days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant. 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, 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of 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

Samples: Office Lease Agreement (Fender Musical Instruments Corp)

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Restriction on Transfers. Tenant will not cause or suffer a Transfer without obtaining Landlord's prior written consent. Landlord may grant or withhold consent in Landlord's 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 or consent, withhold consent and/or recapture within thirty (30) 30 days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. 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, sole and absolute and arbitrary 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of 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

Samples: Office Lease Agreement (Saleslogix Corp)

Restriction on Transfers. Tenant will not cause or suffer allow a Transfer without obtaining Landlord's prior written consent, which consent will not be unreasonably withheld. Landlord may grant or withhold consent elect to recapture any portion of the Premises that would be affected by such Transfer as provided in Landlord's sole and absolute discretionSection 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 or consent, withhold consent and/or recapture within thirty (30) days 15 Business Days of Landlord's receipt of such a written request for consent to the Transfer from Tenant. If Landlord fails to deliver such notice, Landlord will be deemed to have consented to such Transfer but only to the extent that such notice specifies in bold, conspicuous language that Landlord's failure to respond to the notice within 15 Business Days of receipt will be deemed a consent to the Transfer described in the notice. 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, absolute and arbitrary discretion, deems appropriateTransferee. 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, seventy-five percent (75%) 50% of any amount Tenant receives on account of the Transfer (net of Tenant's reasonable, documented out-of-pocket leasing costs and commissions incurred in connection with the Transfer) in excess of the amounts this Lease otherwise requires Tenant to pay. In no event may ; notwithstanding the foregoing, Tenant cause or permit will not be required to pay to Landlord any amounts received by Tenant on account of a Transfer to another tenant an Affiliate of Tenant or to any entity who was an Affiliate of Tenant within six months of the Buildingdate 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)

Restriction on Transfers. Tenant will not cause or suffer 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 sole and absolute discretiondenied 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 or withhold consent within thirty (30) days ten Business Days of Landlord's ’s receipt of such a written request for consent to the Transfer from Tenant; provided, however, that if Landlord has not notified Tenant of Landlord’s election within such ten-Business Day period, then Tenant will deliver a second request for consent to Landlord in accordance with this Section 13.1, and Landlord’s failure to respond within five Business Days after its receipt of such second request shall be deemed Landlord’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. 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 appropriateTransferee. 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, seventy-five percent (75%) 50% of any the amount Tenant receives on account of the Transfer, net of Tenant’s reasonable, documented out-of-pocket 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. In ; provided, however, under no event may circumstances shall Landlord be paid any such Additional Rent until Tenant cause or permit a has recovered all of its Transfer to another tenant 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 Buildingexcess 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

Samples: Warehouse Lease Agreement (Honest Company, Inc.)

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