Right to Assign and Sublease. Lessor and Lessee recognize and specifically agree that this Article 12 is an economic provision, like Rent, and that the Lessor's right to recapture, and to share in profits, is granted by Lessee to Lessor in consideration of certain other economic concessions granted by Lessor to Lessee. Lessee may voluntarily assign its interest in this Lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, upon first obtaining Lessor's prior written consent, but only if (i) Lessee is not then in default of this Lease, (ii) such assignment or sublease does not conflict with or result in a breach of the permitted Use of the Premises, and (iii) such proposed assignee or sublessee of Lessee's proposed assignment or sublease is not:
Right to Assign and Sublease. Tenant may not assign this Lease or sublet all or any portion of the Premises without the prior written consent of Landlord, which consent will not be unreasonably withheld or delayed, provided that in the event of any such assignment or subletting with consent, Tenant shall remain liable for the performance of Tenant's obligations during the term hereof and provided further that if the Landlord requires that any rental received by Tenant in excess of the rent reserved under this Lease or any payment made to Tenant in consideration of such assignment or subletting shall be paid over to Landlord as additional rent, then the Tenant shall be relieved of any monetary liability to the Landlord with respect to this Lease or the Premises to the extent of such excess of the rent paid to the Landlord. Notwithstanding the foregoing, the Tenant may assign this Lease or sublease all, or any portion, of the Premises to a parent, subsidiary or affiliated entity of the Tenant or to any entity into which the Tenant may merge or be converted to without the consent of the Landlord (hereinafter collectively referred to as "Affiliates").
Right to Assign and Sublease. A. Tenant may not assign this Lease or sublet the improvements and/or the Land without the prior written consent of Landlord, which consent shall not be unreasonably withheld or unduly delayed. If Landlord fails to advise Tenant of her refusal to consent to an assignment of sublease within fifteen (15) days after receipt of Tenant's written request therefor, Landlord shall be deemed to have consented. A dispute between Landlord and Tenant as to the reasonableness of Landlord withholding her consent to an assignment or subleasing shall be determined pursuant to a summary arbitration procedure before a single arbitrator chosen by a judge of a court in Anne Arundel County having jurisdixxxxn and such determination shall be final and binding upon the parties. In the event of any such assignment or subletting with consent, Tenant shall remain liable for the performance of Tenant's obligations during the term or any renewals hereof.
Right to Assign and Sublease. A. Tenant shall not make or permit an Assignment (defined below) of this Lease or of the Premises or any interest of Tenant herein or therein, without first obtaining the prior written consent of Landlord, which consent shall not be unreasonably withheld. As used in this Lease, "
Right to Assign and Sublease. Tenant shall not have the right to assign or sublease all or any portion of the Leased Premises without the written consent of Landlord, such consent not to be unreasonably withheld; provided that Tenant may assign or sublease all or any portion of the Leased Premises at its sole discretion to an affiliate of Tenant or to any purchaser of all or a portion of Tenant’s assets or stock.
Right to Assign and Sublease. Lessee may assign its interest in this Lease or in the Premises, or sublease all or any part of the Premises, or allow any other person or entity to occupy or use all or any part of the Premises, only after first obtaining Lessor’s prior written consent, and only if (a) Lessee is not then in default of this Lease, (b) such assignment or sublease does not conflict with or result in a breach of the Permitted Use of the Premises, and (c) such proposed assignee or sublessee of Lessee’s proposed assignment or sublease is reasonably acceptable to Lessor (i.e., is comparable in quality, financial standing and business reputation to Lessee and whose business operations are compatible with the business operations of the then tenants in the Building). Any assignment, encumbrance or sublease without Lessor’s prior written consent shall be voidable, at Lessor’s election, and shall constitute a default by Lessee. No consent to an assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this Article. As a condition for obtaining Lessor’s consent to any assignment, encumbrance or sublease, Lessee shall reimburse Lessor’s processing costs and attorneys’ fees incurred in determining whether to give such consent and/or in the preparation and review of documents required therewith. Notwithstanding any permitted assignment or subletting, Lessee shall at all times remain directly, primarily and fully responsible and liable for all payments owed by Lessee under this Lease and for compliance with all obligations under the terms, provisions and covenants of this Lease to be performed by Lessee.
Right to Assign and Sublease. Tenant shall not have the right to assign or sublease all or any portion of the Leased Premises without the written consent of Landlord, such consent not to be unreasonably withheld; provided that Tenant may assign or sublease all or any portion of the Leased Premises at its sole discretion to an affiliate of Tenant or to any purchaser of all or a portion of Tenant’s assets or stock. EXHIBIT D MATERIAL TERMS OF LEASE AGREEMENT — HEBER SPRINGS The following is a summary of terms regarding certain major business points which would be incorporated in a lease agreement (the “Lease”) between an Affiliate of Sellers (“Tenant”) andBuyer (“Landlord”) as to the Heber Springs, Arkansas service facility used the Wireline Business (the “Leased Premises”). Capitalized terms used but not defined herein shall have the meanings given in the Asset Purchase Agreement (the “Agreement”) to which this exhibit is attached. RENT: $6,000 per month.
Right to Assign and Sublease. Tenant may not assign this Lease or sublet the Demised Premises, without the consent of Landlord; except that Tenant may assign this Lease or sublet all or any part of the Demised Premises without the consent of Landlord (I) to any “Affiliate” (as defined below) or (II) in connection with a sale of the automobile dealership located at the Demised Premises. Any assignment or sublease (with or without Landlord's consent) shall be subject to the following conditions: (i) Tenant shall remain liable for the performance of the terms, covenants and conditions of this Lease; and (ii)Tenant shall deliver a copy of the effective instrument (which may have the financial terms redacted) to Landlord either prior to or immediately subsequent to the date of the subject action (except that Tenant shall not be required to provide Landlord with any sublease to any Affiliate); and (iii) the use and possession of the Demised Premises by the assignee of this Lease or subtenant or other occupant of the Demised Premises or any part thereof shall be subject to all the terms, conditions and conditions of this Lease.
Right to Assign and Sublease. Lessee shall not assign or sublet all or any portion of the Premises without the prior written approval of the Lessor.
Right to Assign and Sublease. 15 Section 12.2 Procedure For Assignment and Sublease/ Landlord's Recapture Rights 15 Section 12.3 Conditions Regarding Consent to Sublease and Assignment 15 Section 12.4 Affiliated Companies/Restructuring of Business Organization 16 Section 12.5 Landlord's Right to Assign 16
