Common use of Assignment and Subletting; Prohibition Clause in Contracts

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an “assignment”), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx for consent to an assignment or subletting.

Appears in 2 contracts

Samples: Letter Agreement (Cyan Inc), Lease (Cyan Inc)

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Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an "assignment"), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a "sublet" or "subletting"), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s Tenant's obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s Landlord's prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s 's consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx Tenant shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx Tenant for consent to an assignment or subletting, not to exceed in the aggregate $1,500.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Regan Holding Corp)

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an “assignment”), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx Tenant for consent to an assignment or subletting, not to exceed $1,500 in each instance.

Appears in 1 contract

Samples: Letter Agreement (Cyan Inc)

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge pledge, hypothecate or otherwise transfer transfer, this Lease, in whole or in part (each hereinafter referred to as an “assignment”)part, or any interest therein, nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each of the foregoing is hereinafter sometimes referred to as a “sublet” or “subletting”"Transfer"), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No Notwithstanding the foregoing, Tenant may assign its interest in this Lease or sublet any portion of the Premises pursuant thereto without the Landlord's consent, if made to any corporation which controls, is controlled by or is under common control with the Tenant, so long as Tenant provides Landlord with prior written notice of any such assignment or subletting subletting, together with information reasonably required by the Landlord to identify such assignee, or sublessee, and the notice address thereof. As material consideration for this Lease, Tenant hereby agrees to provide the following written materials to Landlord regarding any proposed Transfer for Landlord's approval: (i) the proposed Transfer agreement to Landlord for Landlord's approval; (ii) the certified financial statements of the transferee for the three (3) years prior to the proposed Transfer; (iii) detailed summaries of the transferee's business operations; (iv) a detailed credit report of the transferee; and (v)banking references for the transferee. Landlord shall have the right to review the written material submitted by Tenant regarding such Transfer for a period of ten (10) business days following Landlord's receipt of such material to consent or decline to consent to such Transfer. No Transfer by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s Tenant's obligation to pay Base Rent and additional rent Additional Rent hereunder. Any purported assignment or subletting Transfer contrary to the provisions of this Lease hereof without Xxxxxxxx’s prior written Landlord's consent ("Unauthorized Transfer") shall be void. The consent by Landlord to any assignment or subletting Transfer shall not constitute a waiver of the necessity for obtaining Landlord’s such consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this LeaseTransfer. As additional rent Additional Rent hereunder, Xxxxxx Tenant shall reimburse Landlord for all reasonable actual legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx Tenant for Landlord's consent to an assignment the Transfer provided, however, in no event shall such fees exceed Five Hundred dollars ($500.00). Such amount shall be reimbursed by Tenant to Landlord within ten (10) days following the submission to Tenant of a copy of the written invoice from Landlord's counsel itemizing such costs and fees payable by Landlord with respect to any request by Tenant for Landlord's consent to such a Transfer, whether or subletting.not Landlord ultimately approves such Transfer

Appears in 1 contract

Samples: Lease (Open Energy Corp)

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an “assignment”), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s obligation to pay Base Rent and additional rent Additional Rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their thei r consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent Additional Rent hereunder, Xxxxxx Tenant shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx Tenant for consent to an assignment or subletting.

Appears in 1 contract

Samples: Menlo Oaks Corporate Center Lease (E Trade Group Inc)

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Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an “assignment”), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including XxxxxxTenant’s obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without XxxxxxxxLandlord’s prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx Tenant shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx Tenant for consent to an assignment or subletting.

Appears in 1 contract

Samples: Lease (Enphase Energy, Inc.)

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an "assignment"), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a "sublet" or "subletting"), without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s 's obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s Landlord's prior written consent shall be void. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining Landlord’s 's consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or m modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx for consent to an assignment or subletting.

Appears in 1 contract

Samples: Work Letter Agreement (Q Matrix Inc)

Assignment and Subletting; Prohibition. Tenant shall not assign, mortgage, pledge or otherwise transfer this Lease, in whole or in part (each hereinafter referred to as an “assignment”), nor sublet or permit occupancy by any party other than Tenant of all or any part of the Premises (each hereinafter referred to as a “sublet” or “subletting”), without the prior written consent of Landlord in each instance, which . Xxxxxxxx’s consent to a proposed assignment or subletting shall not be unreasonably withheld, conditioned or delayed, except that Landlord may withhold in its sole discretion any collateral assignment of this Lease. No assignment or subletting by Tenant shall relieve Tenant of any obligation under this Lease, including Xxxxxx’s obligation to pay Base Rent and additional rent hereunder. Any purported assignment or subletting contrary to the provisions of this Lease without Xxxxxxxx’s prior written consent shall be voidvoid and, at Landlord’s election, shall constitute an Event of Default. The Xxxxxxxx’s consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for obtaining LandlordXxxxxxxx’s consent to any subsequent assignment or subletting. Landlord may consent to any subsequent assignment or subletting, or any amendment to or modification of this Lease with the assignees of Tenant, without notifying Tenant or any successor of Tenant, and without obtaining its or their consent thereto, and such action shall not relieve Tenant or any successor of Tenant of any liability under this Lease. As additional rent hereunder, Xxxxxx shall reimburse Landlord for all reasonable legal fees and other expenses incurred by Landlord in connection with any request by Xxxxxx for consent to an assignment or subletting.

Appears in 1 contract

Samples: Gores Metropoulos II, Inc.

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