Common use of Transfer Premiums Clause in Contracts

Transfer Premiums. If Landlord consents to a Transfer, and as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay Landlord fifty percent (50%) of any Transfer Premium derived by Tenant from such Transfer. “Transfer Premium” shall mean, for a lease assignment, all consideration paid or payable therefor. “Transfer Premium” shall mean, for a sublease, all rent, additional rent or other consideration paid by such Transferee in excess of the Rent payable by Tenant under this Lease (on a monthly basis during the Term, and on a per rentable square foot basis, if less than all of the Premises is transferred), less the reasonable costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expenses, brokerage commissions, attorneys’ fees and the costs of any improvements and alterations to the Premises in connection with such Transfer. “Transfer Premium” shall also include so-called “key money,” or other bonus amount paid by Transferee to Tenant, and any payment in excess of fair market value for services rendered by Tenant to Transferee or in excess of Tenant’s depreciated tax basis for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The percentage of the Transfer Premium due Landlord hereunder shall be paid within ten (10) business days after Tenant receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Office Lease (LKQ Corp)

Transfer Premiums. If Landlord consents to a Transfer, and as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay Landlord fifty percent (50%) of any Transfer Premium derived by Tenant from such Transfer. “Transfer Premium” shall mean, for a lease assignment, all consideration paid or payable therefor. “Transfer Premium” shall mean, for a sublease, all rent, additional rent or other consideration paid by such Transferee in excess of the Rent payable by Tenant under this Lease (on a monthly basis during the Term, and on a per rentable square foot basis, if less than all of the Premises is transferred), less the reasonable costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expenses, brokerage commissions, attorneys’ fees and the costs of any improvements and alterations to the Premises in connection with such Transfer. “Transfer Premium” shall also include so-called “key money,” or other bonus amount paid by Transferee to Tenant, and any payment in excess of fair market value for services rendered by Tenant to Transferee or in excess of Tenant’s depreciated tax basis for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The percentage of the Transfer Premium due Landlord hereunder shall be paid within ten (10) business days after Tenant receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Office Lease (Pixelworks Inc)

Transfer Premiums. If Landlord consents to a Transfer, and as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay Landlord fifty percent (50%) of any Transfer Premium derived by Tenant from such Transfer. “Transfer Premium” shall mean, for a lease assignment, all consideration paid or payable therefor. “Transfer Premium” shall mean, for a sublease, all rent, additional rent or other consideration paid by such Transferee (less reasonable and market leasing commissions relating to the Transfer and the unamortized portion of Tenant’s Contribution to the Tenant Improvements) in excess of the Rent total rent payable by Tenant under this Lease (on a monthly basis during the Term, and on a per rentable square foot basis, if less than all of the Premises is transferred), less the reasonable costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expenses, brokerage commissions, attorneys’ fees and the costs of any improvements and alterations to the Premises in connection with such Transfer. “Transfer Premium” shall also include so-called “key money,” or other bonus amount paid by Transferee to Tenant, and any payment in excess of fair market value for services rendered by Tenant to Transferee or in excess of Tenant’s depreciated tax basis for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The percentage of the Transfer Premium due Landlord hereunder shall be paid within ten (10) business days after Tenant receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Lease Agreement (Sonicwall Inc)

Transfer Premiums. If Landlord consents to a TransferTransfer (excluding Transfers under Paragraphs G and H below), and as a condition thereto which the parties hereby agree is reasonable, Tenant shall retain fifty percent (50%) of any Transfer Premium, and shall pay Landlord fifty percent (50%) of any Transfer Premium Premium, derived by Tenant from such Transfer. "Transfer Premium" shall mean, : (i) for a lease assignment, all consideration paid or payable therefor. “Transfer Premium” shall mean, and (ii) for a sublease, all rent, additional rent or other consideration paid by such Transferee in excess of the Rent payable by Tenant under this Lease (on a monthly basis during the Term, and on a per rentable square foot basis, if less than all of the Premises is transferred). In any such computation, less the Tenant: (a) may subtract any reasonable direct out-of-pocket costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expensessuch as advertising costs, brokerage commissions, attorneys' fees and leasehold improvements for the costs of any improvements Subject Space, and alterations to (b) shall include in the Premises in connection with such Transfer. “"Transfer Premium” shall also include " any so-called "key money,” " or other bonus amount paid by Transferee to Tenant, and any payment payments in excess of fair market value for services rendered by Tenant to Transferee or in excess of Tenant’s depreciated tax basis fair market value for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s 's share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The Tenant shall pay the percentage of the Transfer Premium due Landlord hereunder shall be paid within ten thirty (1030) business days after Tenant receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Office Lease (E Spire Communications Inc)

Transfer Premiums. If Landlord consents to a Transfer, and as a condition thereto which the parties hereby agree is reasonable, Tenant shall retain fifty percent (50%) of any Transfer Premium, and shall pay Landlord fifty percent (50%) of any Transfer Premium Premium, derived by Tenant from such Transfer. "Transfer Premium" shall mean, : (i) for a lease assignment, all consideration paid or payable therefor. “Transfer Premium” shall mean, and (ii) for a sublease, all rent, additional rent or other consideration paid by such Transferee in excess of the Rent payable by Tenant under this Lease (on a monthly basis during the Term, and on a per rentable square foot basis, if less than all of the Premises is transferred). In exchange for Landlord's agreement to permit Tenant to retain fifty percent (50%) of any Transfer Premium herein, less the reasonable Tenant shall be responsible for any costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expenses, such as brokerage commissions, attorneys' fees and leasehold improvements; Tenant shall have the right to recover the aforesaid costs prior to making any payments of any improvements and alterations the Transfer Premium to the Premises in connection with such TransferLandlord. "Transfer Premium" shall also include so-called "key money," or other bonus amount paid by Transferee to Tenant, and any payment in excess of fair market value for services rendered by Tenant to Transferee or in excess of Tenant’s depreciated tax basis 's fair market value for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee; provided, however, that this sentence shall not apply to sale by Tenant of all or substantially all of its assets. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s 's share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The Tenant shall pay the percentage of the Transfer Premium due Landlord hereunder shall be paid within ten fifteen (1015) business days after Tenant ▇▇▇▇▇▇ receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Office Lease (Red Hat Inc)

Transfer Premiums. If Landlord consents to a Transfer, and as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay Landlord fifty percent (50%) of any Transfer Premium derived by Tenant from such TransferTransfer in addition to any Rent payable by Tenant under this Lease. "Transfer Premium" shall mean, for a lease assignment, all consideration paid or payable therefortherefor in excess of the remaining Rent payable by Tenant under this Lease (i.e., after the date of such assignment and excluding any unexercised options) less Tenant's reasonable costs incurred in connection with any assignment. "Transfer Premium" shall mean, for a sublease, seventy-five percent (75%) of all rent, additional rent or other consideration paid by such Transferee in excess of the remaining Rent payable by Tenant under this Lease after the date of such sublease, excluding any unexercised options (on a monthly basis during the Term, and on a per rentable square foot basis, if ) less than all of the Premises is transferred), less the Tenant's reasonable costs incurred by Tenant in connection with such Transfer, including, without limitation, marketing expenses, brokerage commissions, attorneys’ fees and the costs of any improvements and alterations to the Premises in connection with such Transfersublease. "Transfer Premium" shall also include so-called "key money," or other bonus amount paid by Transferee to Tenant, and any payment in excess of fair market value for services rendered by Tenant to Transferee, and amounts paid by Transferee or in excess of Tenant’s 's depreciated tax basis for assets, fixtures, inventory, equipment or furniture transferred by Tenant to Transferee. If part of the consideration for such Transfer shall be payable other than in cash, Landlord’s 's share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. The percentage of the Transfer Premium due Landlord hereunder shall be paid within ten thirty (1030) business days after Tenant receives any Transfer Premium from the Transferee.

Appears in 1 contract

Sources: Lease Agreement (Epocrates Inc)