Common use of Sublease Limitation Clause in Contracts

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant shall not sublet the applicable Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the subtenant, or (b) any other formula such that any portion of the sublease rental received by Landlord would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number.

Appears in 3 contracts

Samples: Master Lease (Integrated Health Services Inc), Master Lease (Monarch Properties Inc), Master Lease (Monarch Properties Inc)

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Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant Lessee shall not sublet the applicable such Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ai) the income or profits derived by the business activities of the subtenantsublessee, or (bii) any other formula such that any portion of the sublease rental received by Landlord Lessor would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section paragraph shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section paragraph by number.

Appears in 3 contracts

Samples: Master Lease (Omega Healthcare Investors Inc), Kansas Master Lease (Alterra Healthcare Corp), Master Lease (Omega Healthcare Investors Inc)

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a the Leased Property is permitted, Tenant shall not sublet the applicable Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the subtenant, or (b) any other formula such that any portion of the sublease rental received by Landlord would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number.

Appears in 2 contracts

Samples: Lease (Monarch Properties Inc), Lease (Monarch Properties Inc)

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant Lessee shall not sublet the applicable such Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the subtenantsublessee, or (b) any other formula such that any portion of the sublease rental received by Landlord Lessor would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number.

Appears in 2 contracts

Samples: Operations Transfer Agreement (Omega Healthcare Investors Inc), Master Lease (Omega Healthcare Investors Inc)

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant Lessee shall not sublet the applicable such Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the subtenantsublessee, or (b) any other formula such that any portion of the sublease rental received by Landlord Lessor would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number. direct, and such payments shall be credited against the amounts owing by Lessee under this Lease.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

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Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant Lessee shall not sublet the applicable such Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the subtenantsublessee, or (b) any other formula such that any portion of the sublease rental received by Landlord Lessor would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number.

Appears in 1 contract

Samples: Master Lease (Omega Healthcare Investors Inc)

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant Lessee shall not sublet the applicable Leased Property on any basis such that the rental to be paid by the subtenant sublessee thereunder would be based, in whole or in part, on either (ai) the income or profits derived by the business activities of the subtenantsublessee, or (bii) any other formula such that any portion of the sublease rental received by Landlord Lessor would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section by number.

Appears in 1 contract

Samples: Master Lease (Integrated Health Services Inc)

Sublease Limitation. Anything contained in this Lease to the contrary notwithstanding, even if a sublease of a Leased Property is permitted, Tenant shall not sublet the applicable such Leased Property on any basis such that the rental to be paid by the subtenant thereunder would be based, in whole or in part, on either (ai) the income or profits derived by the business activities of the subtenant, or (bii) any other formula such that any portion of the sublease rental received by Landlord would fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto. The parties agree that this Section paragraph shall not be deemed waived or modified by implication, but may be waived or modified only by an instrument in writing explicitly referring to this Section paragraph by number.

Appears in 1 contract

Samples: Master Lease (Diversicare Healthcare Services, Inc.)

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