Common use of Transfer to Affiliate Clause in Contracts

Transfer to Affiliate. Despite any other provision of this Lease, Landlord's consent is not required for any Transfer to an Affiliate, as defined in subsection 17.7.3, as long as the following conditions are met: (a) At least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); (b) The Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; (c) If the Transfer is an assignment, Transferee assumes in writing all of Tenant's obligations under this Lease relating to the Subject Space; and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied (Net Worth), at least equal to Tenant's Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 2 contracts

Samples: Lease (Spectranetics Corp), Office Lease (Quokka Sports Inc)

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Transfer to Affiliate. Despite any other provision of this the Lease, Landlord's consent is not required for any Transfer to an Affiliate, as defined in subsection 17.7.3below, as long as the following conditions are met: : (a) At at least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); ; (b) The the Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; ; (c) If if the Transfer is an assignment, Transferee assumes in writing all of Tenant's obligations under this Lease relating to the Subject Space; and and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied ("Net Worth"), at least equal to Tenant's Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 1 contract

Samples: Office Lease (Collateral Therapeutics Inc)

Transfer to Affiliate. Despite any other provision of this Lease, Landlord's ’s consent is not required for any Transfer to an Affiliate, as defined in subsection 17.7.3below, as long as the following conditions are met: : (a) At at least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); ; (b) The the Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; ; (c) If if the Transfer is an assignment, Transferee assumes in writing all of Tenant's ’s obligations under this Lease relating to the Subject Space; and and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied (Net Worth), at least equal to Tenant's ’s Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 1 contract

Samples: Sublease (Zogenix Inc)

Transfer to Affiliate. Despite any other provision of this Lease, Landlord's consent is not required for any Transfer to an Affiliate, as defined in subsection Subsection 17.7.3, as long as the following conditions are met: : (a) At at least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); ; (b) The the Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; ; (c) If if the Transfer is an assignment, Transferee assumes in writing all of Tenant's obligations under this Lease relating to the Subject Space; and and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied ("Net Worth"), at least equal to Tenant's Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 1 contract

Samples: Office Lease (Cayenta Inc)

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Transfer to Affiliate. Despite any other provision of this Lease, Landlord's consent is not required for any Transfer to an Affiliate, as defined in subsection Subsection 17.7.3, as long as the following conditions are met: : (a) At at least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); ; (b) The the Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; ; (c) If if the Transfer is an assignment, Transferee assumes in writing all of Tenant's obligations under this Lease relating to the Subject Space; and and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied (Net Worth), at least equal to Tenant's Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 1 contract

Samples: Office Lease (Acc Consumer Finance Corp)

Transfer to Affiliate. Despite any other provision of this Lease, Landlord's ’s consent is not required for any Transfer to an Affiliate, as defined in subsection 17.7.316.7.3, as long as the following conditions are met: : (a) At least ten (10) business days before the Transfer, Landlord receives written notice of the Transfer (as well as any documents or information reasonably requested by Landlord regarding the Transfer or Transferee); ; (b) The Transfer is not a subterfuge by Tenant to avoid its obligations under the Lease; ; (c) If the Transfer is an assignment, Transferee assumes in writing all of Tenant's ’s obligations under this Lease relating to the Subject Space; and and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant in accordance with generally accepted accounting principles that are consistently applied (Net Worth), at least equal to Tenant's ’s Net Worth either immediately before the Transfer or as of the date of this Lease, whichever is greater.

Appears in 1 contract

Samples: Office Lease (Inpixon)

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