Alienation etc Clause Samples
The 'Alienation etc' clause governs the transfer or assignment of rights and obligations under a contract, typically restricting a party’s ability to sell, assign, or otherwise dispose of their interest without the other party’s consent. In practice, this means that if one party wishes to transfer their contractual rights—such as leasing a property to a third party or assigning a license—they must first obtain approval from the counterparty, and certain conditions or exceptions may apply. This clause serves to protect the interests of the original parties by preventing unwanted or unapproved changes in the contractual relationship, thereby maintaining control and stability over who is involved in the agreement.
Alienation etc. (a) COMPLETE BAR ON CERTAIN DEALINGS Not to assign underlet or part with possession or part with or share occupation of the Demised Premises or any part thereof save as hereinafter provided
Alienation etc. 5.25.1. Not to assign underlet or part with possession or part with or share occupation of the whole or any part of the Premises save as hereinafter provided
5.25.2. Not to assign the whole of the Premises without the Landlord’s prior written consent such consent not to be unreasonably withheld or delayed and subject to compliance with clause 5.25.3
5.25.3. Not to assign the whole of the Premises unless the following conditions (which are specified for the purposes of section 19(1A) of the Landlord and Tenant Act 1927) are complied with prior to such assignment namely that:
(a) the tenant for the time being shall have entered into an authorised guarantee agreement with the Landlord pursuant to section 16 of the Landlord and Tenant (Covenants) A▇▇ ▇▇▇▇ guaranteeing the performance by the assignee of the covenants on the part of the Tenant contained in this lease in such terms consistent with section 16 as the Landlord shall reasonably require
(b) any guarantor of the Tenant’s obligations under this lease shall have joined in any such authorised guarantee agreement in order to covenant (as principal debtor) with the Landlord that the Tenant shall comply with the authorised guarantee agreement mentioned in the priding sub-clause
(c) if reasonably required by the Landlord the proposed assignee shall have procured a covenant with the Landlord by an acceptable guarantor or guarantors in such terms as the Landlord shall reasonably require
(d) if reasonably required by the Landlord the proposed assignee shall have provided a rent deposit of an amount reasonably determined by the Landlord not being more than an amount equivalent to six months rent at the rate payable from time to time under this Lease and that the assignee shall have entered into a rent deposit deed in such form as the Landlord shall reasonably require
5.25.4. Not to underlet the whole of the Premises without the Landlord’s p▇▇▇▇ written consent such consent not to be unreasonably withheld or delayed and not to underlet;
(a) except to an undertenant who shall first have:
(i) entered into a covenant with the Landlord to observe and perform the covenants and conditions on the part of the Tenant contained in this lease (other than the covenant to pay rent) and
(ii) if reasonably so required by the Landlord procured a covenant with the Landlord by an acceptable guarantor or guarantors in such terms as the Landlord may reasonably require
(b) except under an underlease which has been excluded from the op...
Alienation etc. During the term of this Agreement and after execution thereof by ▇▇▇▇▇, ▇▇▇▇▇▇ agrees that it will not in any manner sell, alienate, mortgage, or encumber the Premises nor file a voluntary petition in bankruptcy prior to the date possession of said ▇▇▇▇▇▇▇▇ is surrendered and delivered to BUYER. SELLER further agrees that it will not take any action to request or effect annexation of the Premises to any municipality or to request or petition for any change of the zoning classification of the Premises which existed at the date hereof unless BUYER gives prior written consent to such action.