Common use of Right to Assign, Sublease and Encumber Clause in Contracts

Right to Assign, Sublease and Encumber. Landlord and Tenant recognize and specifically agree that this Article IX is an economic provision, like Rent, and that Landlord's right to recapture, and to receive any excess consideration, has been granted by Tenant to Landlord in consideration for other economic concessions granted by Landlord to Tenant in this Lease. Except as expressly set forth in this Article IX, Tenant may not assign or encumber 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 (any such assignment, encumbrance, sublease, or the like shall sometimes be referred to herein as a "Transfer"), without first obtaining Landlord's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that a merger, sale of business, acquisition or similar transaction involving Tenant will not constitute a Transfer for purposes of this Article IX. Any Transfer without Landlord's prior written prior consent shall be voidable, at Landlord's election, and shall constitute an Event of Default under Article XIX. No consent to any Transfer shall constitute a further waiver of the provisions of this Section.

Right to Assign, Sublease and Encumber. Landlord and Tenant recognize and specifically agree that this Article IX is an economic provision, like Rent, and that Landlord's right to recapture, and to receive any excess consideration, has been granted by Tenant to Landlord in consideration for other economic concessions granted by Landlord to Tenant in this Lease. Except as expressly set forth provided in this Article IXSection 9.12 below, Tenant may not assign or encumber 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 (any such assignment, encumbrance, sublease, or the like shall sometimes be referred to herein as a "Transfer"), without first obtaining Landlord's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that a merger, sale of business, acquisition or similar transaction involving Tenant will not constitute a Transfer for purposes of this Article IXwithhold. Any Transfer without Landlord's prior written prior consent shall be voidable, at Landlord's election, and shall constitute an Event of Default under Article XIX. No consent to any Transfer shall constitute a further waiver of the provisions of this Section.

Right to Assign, Sublease and Encumber. Landlord and Tenant --------------------------------------- recognize and specifically agree that this Article IX is Section 21.01 is, in part, an economic provision, like Rent, and that the Landlord's right to recapture, and to receive any share in excess considerationBase Rent, has been was granted by Tenant to Landlord in consideration for of certain other economic concessions granted by Landlord to Tenant in this LeaseTenant. Except as expressly set forth in this Article IX, Tenant may not voluntarily assign or encumber its interest in this Lease or in the Premises, or sublease all or any part of the Premisespremises, or allow any other person or entity to occupy or use all or any part of the Premises (any such assignmentPremises, encumbrance, sublease, or the like shall sometimes be referred to herein as a "Transfer"), without upon complying with Section 21.02 and first obtaining Landlord's prior written consent, which consent Landlord will not unreasonably withhold or delay; provided, however, that a merger, sale of business, acquisition or similar transaction involving Tenant will not constitute a Transfer for purposes of this Article IX. Any Transfer assignment, encumbrance or sublease without Landlord's prior written prior consent shall be voidable, at Landlord's election, and shall constitute an Event of Default under Article XIXa default. No consent to any Transfer an assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this Section. Tenant hereby agrees to use Landlord's sublease and/or Assignment form.

Right to Assign, Sublease and Encumber. Landlord and Tenant recognize and specifically agree that this Article IX 11 is an economic provision, like Rent, and that Landlord's ’s right to recapture, recapture and to receive any excess consideration, has been share in profits is granted by Tenant to Landlord in consideration for of certain other economic concessions granted by Landlord to Tenant in this LeaseTenant. Except as expressly set forth in this Article IX, Tenant may not voluntarily assign or encumber its interest in this Lease or in the Premises, 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 (any such assignment, encumbrance, subleasePremises, or allow any other person or entity to occupy or use all or any part of the like shall sometimes be referred to herein as a "Transfer")Premises, without upon first obtaining Landlord's ’s prior written consent, consent (which consent Landlord will shall not be unreasonably withhold withheld or delay; provided, however, that delayed). But only if such assignment or sublease does not conflict with or result in a merger, sale breach of business, acquisition or similar transaction involving Tenant will not constitute a Transfer for purposes of this Article IXARTICLE 5. Any Transfer assignment, encumbrance or sublease without Landlord's prior written ’s prior consent shall be voidable, at Landlord's ’s election, and shall shall, at Landlord’s further election, constitute an Event of Default under Article XIXa default. No consent sent to any Transfer an assignment, encumbrance, or sublease shall constitute a further waiver of the provisions of this SectionARTICLE 11.