ASSIGNMENT, SUBLETTING AND MORTGAGING Sample Clauses

ASSIGNMENT, SUBLETTING AND MORTGAGING. 11.1 Neither Tenant, nor Tenant's successors or assigns, shall (unless expressly permitted to do so) assign, mortgage, pledge or encumber this Lease, in whole or in part, or sublet the Demised Premises, in whole or in part, or permit the same or any portion thereof to be used or occupied by others, without the prior consent in writing and approval of credit by Landlord in each instance which consent shall not be unreasonably withheld, conditioned or delayed. If this Lease be so assigned or transferred, or if all or any part of the Demised Premises be sublet or occupied by anybody other than Tenant, Landlord may collect rent from the assignee, transferee, subtenant or occupant, and apply the net amount collected to the rent reserved herein, but no such assignment, subletting, occupancy or collection shall be deemed a waiver of any agreement, term, covenant or condition of this Lease, or the acceptance of the assignee, transferee, subtenant or occupant as tenant, or a release of Tenant from the performance or further performance by Tenant of the terms, covenants and conditions of this Lease, and Tenant shall continue to be liable under this Lease. The consent by Landlord to an assignment, mortgage, pledge, encumbrance, transfer, management contract or subletting shall not be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment, mortgage, pledge, encumbrance, transfer, management contract or subletting. Landlord shall have the right to reasonably withhold its consent to an assignment or subletting, mortgage, pledge or other encumbrance. Notwithstanding anything to the contrary herein contained, an assignment of this Lease shall include, without limitation the following: (a) if Tenant shall be a corporation and fifty percent (50%) or more of its voting stock or all or substantially all its assets shall be sold, mortgaged, assigned, pledged, encumbered or otherwise transferred (other than as collateral security for a bona fide loan to a bona fide lender) (and whether in one (1) single transaction or in more than one (1) successive transaction); or (b) if Tenant shall be a partnership, limited liability company, joint venture, syndicate or other group and all or any portion of the interest of any partner, member or other equity holder shall be sold or otherwise transferred (however this provision shall not, as to a corporation or other entity whose stock or other equity interests are publicly traded on a...
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ASSIGNMENT, SUBLETTING AND MORTGAGING. Tenant shall not assign this Lease nor sublet the Leased Premises, in whole or in part, without Landlord's prior written consent which shall not be unreasonably withheld. If consent to assign or sublease is obtained, no such assignment or sublease shall in any way release or relieve Tenant from any of its covenants or undertakings contained in this Lease, and in all cases under this paragraph, Tenant shall remain liable on this Lease during the original and all renewal terms.
ASSIGNMENT, SUBLETTING AND MORTGAGING. 7.01. Except as may be expressly permitted herein, Tenant shall not, whether voluntarily, involuntarily, or by operation of law or otherwise, without in each instance obtaining the prior written consent of Landlord: (a) assign in whole or in part or otherwise transfer in whole or in part this lease or the term and estate hereby granted, (b) sublet the Premises or any part thereof, or allow the same to be used, occupied or utilized by anyone other than Tenant, (c) mortgage, pledge, encumber or otherwise hypothecate this lease or the Premises or any part thereof or any Tenant's Improvements in any manner whatsoever, other than as specifically set forth in Section 11.10, or (d) permit the Premises or any part thereof to be occupied or used for desk space or mailing privileges by any person other than Tenant. (a) If Tenant is a corporation, then a transfer of stock (by a single transfer or by multiple transfers effected pursuant to a common plan) or any other transaction (such as, by way of example, the issuance of additional stock, the redemption of stock, a stock voting agreement, a change in classes of stock or a merger or consolidation involving Tenant) which transfer or other transaction results in a change of control of Tenant (or, in the event of a merger or consolidation involving Tenant, a change of control of the resulting corporation), shall be deemed, for all purposes of this Article 7, an assignment of this lease, and if Tenant is a partnership, joint venture or other non-corporate entity, then a transfer of an interest in the distributions of profits and losses of such partnership, joint venture or other non-corporate entity (by a single transfer or by multiple transfers effected pursuant to a common plan) or any other transaction (such as, by way of example, the creation of partnership interests) which transfer or other transaction results in a change of control of such partnership, joint venture or other non-corporate entity, shall be deemed, for all purposes of this Article 7, an assignment of this lease. As used above in this Section 7.02(a), the term "TRANSFER" shall not include sales effected through the "over-the-counter market" or through any recognized stock exchange, unless such sales are effected by persons deemed "insiders" within the meaning of the Securities Exchange Act of 1934, as amended. As used herein, the term "CONTROL" shall have the meaning ascribed thereto in Article 31 hereof.
ASSIGNMENT, SUBLETTING AND MORTGAGING. 11.01 Tenant shall not, whether voluntarily, involuntarily, or by operation of law or otherwise, (a) assign or otherwise transfer this Lease, or offer or advertise to do so, (b) sublet the Demised Premises or any part thereof, or offer or advertise to do so, or allow the same to be used, occupied or utilized by anyone other than Tenant, or (c) mortgage, pledge, encumber or otherwise hypothecate this Lease in any manner whatsoever, without in each instance obtaining the prior written consent of Landlord. Any purported assignment, sublet, mortgage or other encumbrance made without the prior written consent of Landlord shall be null and void. Notwithstanding the foregoing. (i) Tenant, upon thirty (30) days prior notice to Landlord, may assign or sublet the Demised Premises, or any portion thereof, without Landlord’s consent to any parent or subsidiary corporation or any corporation wholly controlled by Tenant and (ii) Landlord shall not unreasonably withhold its consent to Tenant’s proper request for an assignment or sublet. 11.02 If at any time (a) the original Tenant named herein, (b) the then Tenant, (c) any Guarantor, or (d) any Person owning a majority of the voting stock of, or directly or indirectly controlling, the then Tenant shall be a corporation or partnership, any transfer of voting stock or partnership interest resulting in the person(s) who shall have owned a majority of such corporation’s shares of voting stock or the general partners’ interest in such partnership, as the case may be, immediately before such transfer, ceasing to own a majority of such shares of voting stock or general partner’s interest, as the case may be, except as the result of transfers by inheritance, shall be deemed to be an assignment of this Lease as to which Landlord’s consent shall have been required, and in any such event Tenant shall notify Landlord, except that the provisions of the Section 11.02 shall not be applicable to any corporation all the outstanding voting stock of which is listed on a national securities exchange (as defined in the Securities Exchange Act of 1934, as amended) or is traded in the over-the-counter market with quotations reported by the National Association of Securities Dealers through its automated system for reporting quotations and shall not apply to transactions with a corporation into or with the then Tenant is merged or consolidated or to which substantially all of the then Tenant s assets are transferred or to any corporation which ...
ASSIGNMENT, SUBLETTING AND MORTGAGING. 7.01. Subject to the rights of Tenant set forth in the following Sections of this Article 7, Tenant shall not, whether voluntarily, involuntarily, or by operation of law or otherwise (a) assign in whole or in part or otherwise transfer in whole or in part this Lease or the term and estate hereby granted, (b) sublet the Premises or any part thereof, or allow the same to be used, occupied or utilized by anyone other than Tenant and Tenant's Affiliates (as such term is defined in Section 7.02 hereof), (c) except as provided in Article 45 hereof, mortgage, pledge, encumber or otherwise hypothecate this Lease or the Premises or any part thereof in any manner whatsoever, or (d) permit the Premises or any part thereof to be occupied, or used for desk space, mailing privileges or otherwise, by any person other than Tenant, without in each instance obtaining the prior written consent of Landlord (which consent shall be granted or withheld in accordance with the following provisions of this Article 7). 7.02. If Tenant (or any subtenant) is a corporation, the provisions of subdivision (a) of Section 7.01 shall apply to a transfer, whether by a single transaction or by a series of related or unrelated transactions, of stock (other than a transfer though the "over the counter market" or through any recognized stock exchange by persons who are not deemed "insiders" within the meaning of the Securities Exchange Act of 1934, as amended) or any other mechanism, such as the issuance of additional stock, a stock voting agreement or change in class(es) of stock, which results in a change of control of Tenant (or such subtenant) as if such transfer of stock or other mechanism which results in a change of control of Tenant (or such subtenant) were an assignment of this Lease, and if Tenant (or such subtenant) is a partnership or joint venture or limited liability company (herein called an "LLC"), said provisions shall apply with respect to a transfer, by one or more transfers, of an interest in the distributions of profits and losses of such partnership or joint venture or LLC (or other mechanism, such as the creation of additional general partnership or limited partnership or LLC interests) which results in a change of control of such partnership or joint venture or LLC, as if such transfer of an interest in the distributions of profits and losses of such partnership or joint venture or LLC which results in a change of control of such partnership or joint venture or LLC were a...
ASSIGNMENT, SUBLETTING AND MORTGAGING. Tenant shall not assign this Lease or sublet the Leased Premises, in whole or in part, without Landlord's prior written consent. If consent to assign or sublease is obtained, no such assignment or sublease shall in any way release or relieve Tenant or Guarantor from any of its covenants or undertakings contained in this Lease Agreement, and in all cases under this paragraph, Tenant and Guarantor shall remain liable on this Lease during the original and all renewal terms. Tenant's request for consent to any subletting or assignment of this Lease shall be accompanied by a written statement setting forth the details of the proposed sublease or assignment and any other information Landlord deems relevant. Landlord shall have the right to (a) withhold consent, if reasonable; (b) grant consent; or; (c) terminate this Lease as of the effective date of such sublease or assignment, in which case Landlord may elect to enter into a direct lease with the proposed assignee or subtenant. Tenant shall be liable for reasonable fees incurred by the Landlord in connection with an assignment, subletting or mortgage of the Leased Premises.
ASSIGNMENT, SUBLETTING AND MORTGAGING. 10.1 Subtenant shall not assign, sell, transfer (whether by operation or law or otherwise), pledge, mortgage or otherwise encumber this Sublease or any portion of its interest in the Premises, nor sublet all or any portion of the Premises or permit any other person or entity to use or occupy all or any portion of the Premises, without the prior written consent of Sublandlord and Landlord. The granting or withholding of such consent may be exercised by Sublandlord in its sole discretion. Subtenant shall pay to Sublandlord all rent, additional rent or other payments and consideration received by Subtenant in connection with any subletting (except to a Related Party in accordance with Section 10.3 hereof) in excess of the Rental payable by Subtenant to Sublandlord. For the purposes of this Section 10, an assignment or subletting shall be deemed to have occurred upon: (i) the subletting or assignment to a subsidiary or affiliate of Subtenant or occupancy by Subtenant’s subsidiaries or affiliates; (ii) the sale or transfer, whether pursuant to a single transaction or in a series of related or unrelated transactions, including without limitation by consolidation, merger or reorganization, of a majority of the voting stock of Subtenant or any beneficial interest therein, if Subtenant is a corporation, any sale or other transfer, whether pursuant to one or more successive transactions, of a majority of the limited liability company interests in Subtenant or any direct or indirect beneficial interests therein, if Subtenant is a limited liability company, or any sale or other transfer, whether pursuant to one or more successive transactions, of a majority of the general partnership interests in Subtenant or any beneficial interest therein if Subtenant is a partnership; and (iii) the sale or other transfer, whether pursuant to one or more successive transactions, of more than fifty (50%) percent, by value, of the assets of Subtenant used in conducting its business in the Sublease Premises. 10.2 If this Sublease be assigned, or if the Sublease Premises or any part thereof be sublet (whether or not Sublandlord and Landlord shall have consented thereto), Sublandlord, after default by Subtenant in its obligations hereunder, may collect rent from the assignee or subtenant and apply the net amount collected to the Rental herein reserved. No such assignment or subletting shall be deemed a waiver of the covenant set forth in this Section 10, or the acceptance of the assignee...
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ASSIGNMENT, SUBLETTING AND MORTGAGING. 13 12 - COMPLIANCE WITH LAW'S ...................................................16 13 -
ASSIGNMENT, SUBLETTING AND MORTGAGING. 7.1 Tenant shall not, voluntarily, involuntarily, by operation of law or otherwise, except with the prior consent of Landlord, not to be unreasonably withheld, or as otherwise expressly permitted in this Article 7, consummate any Transfer or permit anyone but Tenant, Tenant Affiliates and their employees or Permitted Tenant Parties (as permitted herein) to occupy the Premises or any portion thereof; provided, however, subject to the other terms of this Article 7, Tenant shall also have the right, without Landlord’s consent (but subject to the other provisions of this Article 7), to Transfer this Lease with respect to the Premises as expressly permitted by Section 7 of the Unit Owners Agreement, provided that (a) Landlord is given notice thereof and the requirements of this Lease and the Unit Owners Agreement have been met and (b) Tenant agrees it shall remain liable, jointly and severally, with any assignee, for the obligations of Tenant under this Lease. (a) No Transfer by Tenant shall be permitted if such proposed Transfer would result in a Transfer in excess of the amounts permitted to be Transferred by Tenant as set forth in this Article 7 or the Unit Owners Agreement, nor shall Tenant have the right to enter into any Transfer to any “Landlord Competitor” (as defined herein), except for a Transfer to a Landlord Competitor in connection with a sale or other transfer of all or substantially all of the NBCU Businesses (as defined in the Master Agreement), or of New York Nonstop, WNBC, or the Broadcast Operations Center.
ASSIGNMENT, SUBLETTING AND MORTGAGING. 1. Tenant shall not assign, transfer, or mortgage this Lease or any interest herein or sublet the Premises or any part thereof or permit the Premises or any part thereof to be used by others without the prior written consent of Landlord in each instance. In the event that such consent to assign or sublet this Lease be given, the same shall be deemed to relate solely to the particular assignment, transfer, mortgage, sublease, or permission referred to in such consent. 2. Notwithstanding any consent to an assignment or sublease or any permitted assignment or sublease, Tenant shall remain liable for all obligations under this Lease for the entire Term, including any extensions thereof. 3. Any assignment or sublease in violation of this section will be void. If this Lease is assigned, or if the Premises or any part of the Premises are subleased or occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, subtenant, or occupant, and apply the net amount collected to Tenant’s Rent obligations under this Lease.
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