Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property to any Person in which Lessor owns, directly or indirectly, a ten percent (10%) or more interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property or any portions thereof to any Person in which Xxxxxxxx Hospitality Trust, Inc. owns, directly or indirectly, a 10% or more interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Tenant shall not knowingly or intentionally (acting in good faith) sublease any Leased Property or any part thereof to any Person or Entity in which Landlord, Host O.P., or Host REIT owns, directly or indirectly, a ten percent (10%) or greater interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto. Tenant shall take reasonable precautions in connection with each sublease (including providing Landlord with prompt Notice of the same) to ensure that such sublease will not result in a violation of this Section 22.4.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property to any Person in which Equity Inns, owns, directly or indirectly, a 10% or more interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto.
Sublease Tenant Limitation. 95 22.5 Tenant Ownership Limitation...........................................................................95 ARTICLE 23 MISCELLANEOUS.........................................................................................95 23.1 No Waiver.............................................................................................96
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property to any Person in which FelCor Suite Hotels, Inc. owns, directly or indirectly, a ten percent (10%) or more interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not, without the prior written approval of the Lessor, sublease the Leased Property to any Person in which Highland Hospitality Corporation owns, directly or indirectly, a ten percent (10%) or greater interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property or any part thereof to any person in which Jamexxx Xxxs, Inc. owns, directly or indirectly, a 10% or more interest, within the meaning of Section 856(d)(2)(B) of the Code, or any similar or successor provisions thereto. For purposes of this Section, the rules prescribed by Section 318(a) of the Internal Revenue Code of 1986, as amended (the "Code"), shall apply for determining the ownership of stock except that "10 percent" shall be substituted for "50 percent" in subparagraph (C) of Section 318(a)(2) and 318 (a)(3).
Sublease Tenant Limitation. Tenant cannot sublease the property leased to it by Landlord to, or enter into any similar arrangement with, any person in which REIT owns, directly or indirectly, a ten percent (10%) or greater interest, within the meaning of Section 856(d)(2)(B) of the Code.
Sublease Tenant Limitation. Anything contained in this Lease to the contrary notwithstanding, Lessee shall not sublease the Leased Property to any person or entity in which Lessor or the REIT owns, directly or indirectly, a ten percent (10%) or more interest, within the meaning of Section 856(d)(2)(B) of the Tax Code, or any similar or successor provisions thereto. In the event that Lessee subleases any portion of the Leased Property in violation of Section 35.3 and this Section 35.4 on a basis such that the rental to be paid by the sublessee thereunder would be based, in whole or in part, on either (a) the income or profits derived by the business activities of the sublessee or (b) any other formula such that any portion of the rent payable hereunder would fail to qualify as “rents from real property” within the meaning of Section 856(d) of the Tax Code, or any similar or successor provisions thereto, then notwithstanding any indication in this Lease to the contrary, the Percentage Rent shall be computed without treating any amount paid pursuant to such sublease as Gross Revenues.
