Common use of Transfer Defined Clause in Contracts

Transfer Defined. The term “transfer” in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning forty percent (40%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, the term “transfer” shall not involve any initial public offering of Tenant’ business.

Appears in 2 contracts

Samples: Deed of Lease (DTLR Holding, Inc.), Deed of Lease (DTLR Holding, Inc.)

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Transfer Defined. The term "transfer" in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning forty twenty five percent (4025%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, the term “transfer” shall not involve any initial public offering of Tenant’ business.

Appears in 2 contracts

Samples: Sutron Corp, Sutron Corp

Transfer Defined. The term “transfer” in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning forty twenty percent (4020%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, provided Tenant is a publicly traded company, then the term “transfer” transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions) shall not involve any initial public offering of Tenant’ businessbe deemed a transfer under this Lease.

Appears in 1 contract

Samples: Construction Agreement (Vocus, Inc.)

Transfer Defined. The term “transfer” in Section 7.01 above shall include (i) if Tenant is a partnershippartnership or limited liability company, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner or member owning forty twenty percent (4020%) or more of the partnershippartnership or company, or a dissolution or liquidation of the partnershippartnership or company, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, the term “transfer” shall not involve any initial public offering of Tenant’ business.

Appears in 1 contract

Samples: Revolving Credit Agreement (First Potomac Realty Trust)

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Transfer Defined. The term "transfer" in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning forty twenty percent (4020%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, the term “transfer” shall not involve any initial public offering of Tenant’ business.

Appears in 1 contract

Samples: Lease Agreement (Calbatech Inc)

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