Common use of Transfers Permitted Clause in Contracts

Transfers Permitted. In the event that Tenant wishes to sublet the premises or assign this Lease, in whole or in part, Tenant shall forthwith notify Landlord in writing of Tenant's desire to sublet the Premises or assign this Lease, including a summary of the proposed terms, or a copy of any offer, as the case may be. Landlord shall have fifteen (15) days within which to accept or reject said assignment or sublease. Any proposed sublease or assignment not specifically disapproved by Landlord, in writing and specifying all reasons for such disapproval and delivered to Tenant within said fifteen (15) days, shall be deemed approved. The foregoing limitation notwithstanding, Landlord acknowledges that Tenant is a wholly owned subsidiary of Rock Bottom Restaurants, Inc., the shares of which are publicly traded. Sales of stock via public trading shall not be deemed a "sale, transfer or other disposition" within the meaning of this Article 11. Further, Tenant may sublet all or any portion of the Leased Premises, or assign this Lease, to any corporation or other entity which is a subsidiary of, or fifty percent (50%) or more of whose shares are owned by Tenant or Rock Bottom Restaurants, Inc., without the consent of Landlord. In the event of such a transfer, Tenant will notify Landlord of the name, address and phone number of the sublessee or assignee. In addition, in the event of such a transfer, Tenant and Guarantor shall remain liable to Landlord under the terms of this Lease for the performance by the sublessee or assignee. Any assignment, subletting, mortgaging or hypothecation permitted hereunder or to which the Landlord has consented shall be by written instrument under which the assignee or sublessee shall agree for the benefit of Landlord to be bound by and to perform this Lease.

Appears in 2 contracts

Samples: Restaurant Lease (Rock Bottom Restaurants Inc), Restaurant Lease (Rock Bottom Restaurants Inc)

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Transfers Permitted. In the event that Tenant wishes to sublet the premises or assign this Lease, in whole or in partLandlord's consent is required, Tenant shall forthwith notify Landlord in writing of Tenant's desire to sublet the Premises or assign this Lease, including a summary of the proposed terms, or a copy of any offer, as the case may be. Landlord shall have fifteen (15) days within which to accept or reject said assignment or sublease. Any proposed sublease or assignment not specifically disapproved by Landlord, in writing and specifying all reasons for such disapproval and delivered to Tenant within said fifteen (15) days, shall be deemed approved. The foregoing limitation notwithstanding, Landlord acknowledges that Tenant is a wholly owned subsidiary of Rock Bottom Restaurantscorporation, Inc., the shares of which are publicly traded. Sales of stock via public trading shall not be deemed a "and any sale, transfer or other disposition" within disposition of 51% or more of the meaning of this Article 11corporate stock shall be deemed to be an assignment. FurtherNotwithstanding the foregoing restrictions, Tenant may sublet all or any portion of the Leased Premises, Premises or assign this Lease, Lease to any corporation or other entity which is a subsidiary or affiliate of, or fifty more than seventy percent (5070%) or more of whose shares are owned by by, Tenant or Rock Bottom Restaurants, Inc.by any Guarantor of this Lease, without the consent of Landlord. In the event of such a transfer, Tenant will notify Landlord of the name, address and phone number of the sublessee or assignee. In addition, in the event of such a transfer, Tenant and Guarantor shall remain liable to Landlord under the terms of this Lease for Lease. Landlord acknowledges that Tenant is a wholly-owned subsidiary of Rock Bottom Restaurants, Inc., the performance by shares of which are publicly-traded. Sales of stock via public trading shall not be deemed a "sale, transfer or other disposition" within the sublessee meaning of this Article XI. Further, Tenant may sublet all or assignee. Any assignmentany portion of the Leased Premises, sublettingor assign this Lease, mortgaging to any corporation or hypothecation permitted hereunder other entity which is a subsidiary of, or to which the Landlord has consented shall be by written instrument under which the assignee or sublessee shall agree for the benefit more than fifty percent (50%) of Landlord to be bound whose shares are owned by and to perform this Lease.which is controlled by, Tenant or Rock Bottom Restaurants, Inc., without the consent of Landlord. In the event of such a transfer, Tenant will notify Landlord of the name, address and phone number of the

Appears in 1 contract

Samples: Restaurant Lease Agreement (Rock Bottom Restaurants Inc)

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Transfers Permitted. In the event that Tenant wishes to sublet the premises or assign this Lease, in whole or in part, Tenant shall forthwith notify Landlord in writing of Tenant's desire to sublet the Premises or assign this Lease, including a summary of the proposed terms, or a copy of any offer, as the case may be. Landlord shall have fifteen (15) days within which to accept or reject said assignment or sublease. Any proposed sublease or assignment not specifically disapproved by Landlord, in writing and specifying all reasons for such disapproval and delivered to Tenant within said fifteen (15) days, shall be deemed approved. The foregoing limitation notwithstanding, Landlord acknowledges that Tenant is a wholly wholly-owned subsidiary of Rock Bottom Restaurants, Inc., the shares of which are publicly publicly-traded. Sales of stock via public trading shall not be deemed a "sale, transfer or other disposition" within the meaning of this Article 11. Further, Tenant may sublet all or any portion of the Leased Premises, or assign this Lease, to any corporation or other entity which is a subsidiary of, or fifty percent (50%) or more of whose shares are owned by Tenant or Rock Bottom Restaurants, Inc., without the consent of Landlord. In the event of such a transfer, Tenant will notify Landlord of the name, address and phone number of the sublessee or assignee. In addition, in the event of such a transfer, Tenant and Guarantor shall remain liable to Landlord under the terms of this Lease for the performance by the sublessee or assignee. Any assignment, subletting, mortgaging or hypothecation permitted hereunder or to which the Landlord has consented shall be by written instrument under which the assignee assignee, or sublessee shall agree for the benefit of Landlord to be bound by and to perform this Lease.

Appears in 1 contract

Samples: Restaurant Lease (Rock Bottom Restaurants Inc)

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