Affiliated Transfer. Notwithstanding the foregoing, Landlord's consent is not required for any Transfer to an Affiliate, as defined below, as long as the following conditions are met: (a) At least ten (10) business days before the Transfer (or, if confidentiality prohibits advance notice, within five (5) business days after the Transfer), Landlord receives written notice of the Transfer and documentation effecting the Transfer; (b) The Transfer is not a subterfuge by Tenant to avoid its obligations under this Lease; (c) If the Transfer is an assignment, Transferee assumes in writing all of Tenant's obligations under this Lease relating to the Leased Premises; and (d) Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant or an officer of the Transferee 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
Sources: Office Lease (Kronos Bio, Inc.), Office Lease (Kronos Bio, Inc.)
Affiliated Transfer. Notwithstanding the foregoing, Landlord's ’s consent is not required for any Transfer to an Affiliate, as defined below, as long as the following conditions are met:
(a) At least ten (10) business days before the Transfer (or, if confidentiality prohibits advance notice, within five (5) business days after the Transfer), Landlord receives from Tenant written notice of the Transfer and documentation effecting (as well as any documents or information reasonably requested by Landlord regarding the TransferTransfer or Transferee);
(b) The Transfer is not a subterfuge by Tenant to avoid its obligations under this Lease;
(c) If the Transfer is an assignment, Transferee assumes in writing all of Tenant's ’s obligations under this Lease relating to the Leased Premises; and
(d) The Transferor and Transferee has have a combined tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant or an officer of the Transferee 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 greaterTransfer.
Appears in 2 contracts
Sources: Office Lease, Office Lease (Puma Biotechnology, Inc.)
Affiliated Transfer. Notwithstanding the foregoing, Landlord's ’s consent is not required for any Transfer to an AffiliateAffiliated Transferee, as defined below, as long as the following conditions are met:
(a) At least ten (10) business days before the Transfer (or, if confidentiality prohibits advance notice, within five (5) business days after the Transfer), Landlord receives written notice of the Transfer and documentation effecting (as well as any documents or information reasonably requested by Landlord regarding the TransferTransfer or Affiliated Transferee);
(b) The Transfer is not a subterfuge by Tenant to avoid its obligations under this Lease;
(c) If the Transfer is an assignment, the Affiliated Transferee assumes in writing all of Tenant's ’s obligations under this Lease relating to the Leased Premises; and
(d) The Affiliated Transferee has a tangible net worth, as evidenced by financial statements delivered to Landlord and certified by an independent certified public accountant or an officer of the Transferee 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
Sources: Office Lease (Sphere 3D Corp)