Common use of UNRELATED BUSINESS INCOME Clause in Contracts

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 44 contracts

Samples: Multi Tenant Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.), Single Tenant Industrial Triple Net Lease (Velo3D, Inc.), Multi Tenant Industrial Triple Net Lease (Thorne Healthtech, Inc.)

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UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease providesprovides and is otherwise in form reasonably acceptable to Tenant.

Appears in 4 contracts

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc), Lease (Realogy Corp), Lease Agreement (Wells Real Estate Investment Trust Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel ------------------------- at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 4 contracts

Samples: Lease (Pinkertons Inc), Lease (Saflink Corp), Wavesplitter Technologies Inc

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel reasonably believes at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 2 contracts

Samples: Lease (Corillian Corp), Lease (Corillian Corp)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at ------------------------- any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 2 contracts

Samples: Lease (Numerical Technologies Inc), Lease (Watchguard Technologies Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at ------------------------- any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any reasonable amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more higher payments or accept fewer services from Landlord, than this Lease provides, or materially and adversely affect Tenant's interest under this Lease.

Appears in 1 contract

Samples: Tenant Improvement Agreement (Navisite Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 1 contract

Samples: Sublease (Vitria Technology Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides, or otherwise impose any greater burden on Tenant or deprive Tenant of any material right under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Icos Corp / De)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.. EXECUTION COPY

Appears in 1 contract

Samples: Pfsweb Inc

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at --------------------------- any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 1 contract

Samples: Confirmation Agreement (Ydi Wireless Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease .Lease. may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments 'or accept fewer services from Landlord, than this Lease provides.

Appears in 1 contract

Samples: Lease (Calibrus, Inc.)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make pay more payments Rent or accept fewer services from Landlord, than this Lease provides, and provided that Landlord reimburses Tenant’s reasonable legal fees and costs associated with such amendment.

Appears in 1 contract

Samples: Lease (Deltagen Inc)

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UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any commercially reasonable amendment proposed by Landlord to avoid such income, so long as the such amendment does not require Tenant to make more payments or accept fewer services from Landlord, Landlord than this Lease otherwise provides.

Appears in 1 contract

Samples: Lease (Cra International, Inc.)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or higher payments, incur additional liability or accept fewer services from Landlord, than this Lease provides.

Appears in 1 contract

Samples: Lease (Florsheim Shoe Co /De/)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel reasonably believes at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any reasonable amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.

Appears in 1 contract

Samples: Lease (Focus Enhancements Inc)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.. ​ ​

Appears in 1 contract

Samples: Industrial Triple Net Lease (Chardan NexTech Acquisition 2 Corp.)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, than this Lease provides.. 47842-0001 NY\53603744.6

Appears in 1 contract

Samples: Commercial Lease Agreement (Moleculin Biotech, Inc.)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make more payments or accept fewer services from Landlord, Landlord than this Lease provides.

Appears in 1 contract

Samples: Lease Agreement (Griffin Capital Net Lease REIT, Inc.)

UNRELATED BUSINESS INCOME. If Landlord is advised by its counsel at any time that any part of the payments by Tenant to Landlord under this Lease may be characterized as unrelated business income under the United States Internal Revenue Code and its regulations, then Tenant shall enter into any amendment proposed by Landlord to avoid such income, so long as the amendment does not require Tenant to make pay more payments for, or accept fewer fewer, services from Landlord, Landlord than this Lease providesprovides and does not otherwise diminish or limit Tenant's use and occupancy of the Premises under this Lease.

Appears in 1 contract

Samples: Letter Agreement (Anadys Pharmaceuticals Inc)

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