Assignment Profit as used herein shall mean an amount equal to the excess of (x) all sums and other consideration paid to Tenant by the assignee for or by reason of such assignment, including, without limitation, any sums paid for Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property over (y) the Transaction Costs (as hereinafter defined).
Assignment Profit means an amount equal to all sums and other considerations paid to Tenant by the assignee for or by reason of such assignment (including, but not limited to, sums paid for the sale or rental of Tenant’s fixtures, leasehold improvements, equipment, furniture, furnishings or other personal property, less, in the case of a sale thereof, the then net unamortized or undepreciated portion (determined on the basis of Tenant’s federal income tax returns) of the amount, if any, by which the original cost thereof exceeded any amounts paid for or contributed by Landlord which were applied by Tenant against such original cost pursuant to the terms of this Lease).
Assignment Profit shall be deemed to mean rent and/or other consideration received by Tenant specifically as consideration for: (i) the assignment of this Lease and/or of Tenant's leasehold interest in the Premises (including all "Permanent Leasehold Improvements", excepting "Tenant's Personal Property", as such terms are defined in Section 4.04, above), or (ii) a subletting of the Premises, including all Permanent Improvements, excepting Tenant's Personal Property, after the deduction by Tenant of all reasonable and out-of-pocket expenses incurred in connection with any such transfer, but shall specifically exclude any money or other consideration received by Tenant for, and appropriately and reasonably allocable to, Tenant's Personal Property, and/or for Tenant's business and/or its good will, stock, and/or other tangible and intangible items not comprising a portion of the Premises or Tenant's interest therein (all of the foregoing, collectively, "Tenant's Business Property"). Any consideration received by Tenant for Tenant's Business Property shall remain the sole property of Tenant. No consent by Landlord to an assignment of this Lease and no assignment made as hereinafter permitted, shall be effective until there shall have been delivered to Landlord (a) an agreement, in recordable form, executed by Tenant and the proposed assignee, wherein and whereby such assignee assumes due performance of the obligation on Tenant's part to be performed under this Lease to the end of the term hereof, and (b) the written consent of such assignment of the holder of any fee or leasehold mortgage to which this Lease is then subject shall have been obtained and delivered to Landlord if so required by the terms of such fee or leasehold mortgage. Notwithstanding the assumption by such assignee of due performance, Tenant shall continue to be fully responsible for the due performance of Tenant's obligations hereunder in the same manner and to the same extent as if no such assignment had been made. Any assignment, mortgage, pledge, sublease or hypothecation of this Lease, or of the interest of Tenant hereunder, without full compliance with any and all requirements set forth in this Lease shall be a breach of this Lease and, if not cured within thirty (30) days of notice from Landlord (or such extended period of time, to the extent reasonably required), a default hereunder.
Examples of Assignment Profit in a sentence
Investment in a Vietnamese company being a limited liability company (“LLC”) or a non-public joint stock companyGains on the transfer of an interest in a Vietnam incorporated LLC or on a non-public joint stock company are subject to Capital Assignment Profit Tax (“CAPT”), currently at the rate of 22 per cent on the net gain.
Investment in a Vietnamese company being a limited liability company (“LLC”) or a non-public joint stock companyGains on the transfer of an interest in a Vietnam incorporated LLC or on a non-public joint stock company are subject to Capital Assignment Profit Tax (“CAPT”), currently at the rate of 20 per cent on the net gain.
In calculating Assignment Profit or Sublease Profit, all Transaction Costs shall be amortized on a straight-line basis over the term of the sublease (or over the balance of the term of this lease in the case of an assignment).
Information such as configuration changes, failures of specific machines, or dependencies between services can- not be aggregated easily: one single event could make the system operate in an insecure state.
More Definitions of Assignment Profit
Assignment Profit means all consideration payable to Tenant, directly or indirectly, by any assignee, or any other amount received by Tenant from or in connection with any assignment of this Lease (including, but not limited to, sums paid (x) for the sale or rental, or consideration received on account of any contribution, of Tenant's Property, or (y) in connection with a Recapture Assignment) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns, (ii) the reasonable out-of-pocket costs and expenses of Tenant in making such assignment, such as brokers' fees, attorneys' fees, and advertising fees paid to unrelated third parties, (iii) any real property transfer tax of the United States or the City or State of New York (other than any income tax), (iv) any sums paid by Tenant to Landlord pursuant to Section 12.2 hereof, (v) the cost of improvements or alterations made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment, as determined by Tenant's federal income tax returns, (vi) the unamortized or undepreciated cost of any Tenant's Property leased to and used by such assignee, and (vii) the then unamortized or undepreciated cost of the Alterations determined on the basis of Tenant's federal income tax returns. If the consideration paid to Tenant for any assignment is paid in installments, then the expenses specified above shall be amortized over the period during which such installments are paid.
Assignment Profit means an amount equal to all sums and other considerations paid to Tenant by the assignee for or by reason of such assignment (including, without limitation, sums paid for the sale or rental of Tenant’s Property, less the unamortized cost thereof), after deducting therefrom the amount of “Tenant’s Costs” (as hereinafter defined), amortized on a straight line basis over the remaining term of this Lease.
Assignment Profit shall have the meaning set forth in Section 8.07C hereof.
Assignment Profit with respect to any assignment shall mean (i) the Assignment Consideration received by Tenant with respect to such assignment, minus (ii) the sum of (a) all reasonable amounts paid by Tenant in connection with such assignment (1) in making alterations to (or other changes in the layout and finish of) the Demised Premises (other than to the extent funded by Landlord as part of Landlord’s Contribution) and/or (2) in providing a fund to the assignee for such purpose (by way of work allowance or the like), plus (b) the amount of (1) commercially reasonable out-of-pocket brokerage commission(s) paid in connection with such assignment and (2) commercially reasonable out-of-pocket legal fees paid by Tenant in connection with such assignment, plus (c) the amount of all other reasonable concessions paid by Tenant in connection with such assignment (e.g., takeover expenses and/or payment of moving expenses), plus (d) the amount of any out-of-pocket advertising and marketing costs incurred with respect to the Demised Premises, plus (e) Tenant’s Hard Costs and Soft Costs (which were not funded in whole or part by Landlord) amortized on a straight-line basis over a sixteen (16) year period, to the extent such amortization is allocable to the period after such assignment, plus (f) all sales and/or transfer taxes paid by Tenant in connection with such assignment.
Assignment Profit means all consideration payable to Tenant, directly or indirectly, by any assignee, or any other amount received by Tenant from or in connection with any assignment of this Lease (including but not limited to, sums paid for the sale or rental, or consideration received on account of any contribution, of Tenant's Property) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns, (ii) the reasonable out-of-pocket costs and expenses of Tenant in making such assignment such as brokers' fees, attorneys' fees, and advertising fees paid to unrelated third parties, (iii) any payments required to be made by Tenant in connection with the assignment of its interest in this Lease pursuant to any real property transfer tax of the United States or the State of Connecticut or the City of Milford (other than any income tax), (iv) any sums paid by Tenant to Landlord pursuant to Section 12.2 hereof, (v) the cost of improvements or alterations made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment, as determined by Tenant's federal income tax returns, (vi) the unamortized or undepreciated cost of any Tenants Property leased to and used by such assignee, and (vii) the then unamortized or undepreciated costs of the Alterations determined on the basis of Tenant's federal income tax returns. If the consideration paid to Tenant for any assignment is paid in installments, then the expenses specified above shall be amortized over the period during which such installments are paid.
Assignment Profit means an amount equal to all sums and other economic consideration paid to Tenant by the assignee for or by reason of such assignment, after deducting therefrom the reasonable, out-of-pocket costs incurred by Tenant in bringing about such assignment transaction (including, without limitation, reasonable brokerage fees, rent concessions, tenant improvement costs and architectural and attorneys’ fees). Landlord and Tenant agree that no payments made by the assignee to purchase any of Tenant’s personal property, trade fixtures or improvements not paid for by Landlord (to the extent of the unamortized value thereof as reflected in Tenant’s books and records) shall be deemed to be part of the economic consideration received by Tenant as a result of the assignment and Tenant shall have no obligation to share any portion of such payments with Landlord. The sums payable under this paragraph shall be paid to Landlord within thirty (30) days after the same has been paid to the assignee to Tenant.
Assignment Profit means any amount in excess of the sum of (a) the rental and other charges due under this Lease plus (b) the reasonable, out-of-pocket expenses (including brokerage commissions, marketing and advertising expenses, legal fees, costs to prepare the space for a subtenant, allowances, rent abatements, free rent periods and other concessions) which Tenant reasonably incurred in connection with the procurement of such sublease or assignment, whether such excess be in the form of an increased monthly or annual rental, or a lump sum payment (and if the subleased or assigned space does not constitute the entire Premises, the existence of such excess shall be determined on a pro-rata basis); provided, however, that “Assignment Profit” shall not include (1) any non-rent consideration paid in connection with a business sale or merger or other similar business transaction for which the assignment is necessary but fulfilling a larger purpose than solely the assignment, or (2) any bona fide payments (which are not disguised rent) for furniture and/or office equipment or other personal property or services accompanying the assignment or sublease).