ASSIGNMENT, MORTGAGING AND SUBLETTING. (a) Except as expressly provided in this Article 16, Tenant covenants and agrees that neither this Lease nor the Term and estate hereby granted, nor any interest herein or therein, will be assigned, mortgaged, pledged, hypothecated, encumbered or otherwise transferred, voluntarily, by operation of law or otherwise, and that neither the Premises, nor any part thereof will be encumbered in any manner by reason of any act or omission on the part of Tenant, or used or occupied, or permitted to be used or occupied, or utilized for desk space or for mailing privileges, by anyone other than Tenant, or for any use or purpose other than the Permitted Use, or be sublet, or offered or advertised for subletting without Landlord’s prior written consent and subject to Section (b)(3) below of this Section 16. Notwithstanding the foregoing, it is hereby expressly understood and agreed however, if Tenant is a business entity, that the assignment or transfer of this Lease, and the Term and estate hereby granted, to any business entity into which Tenant is merged (including any merger where Tenant is the surviving entity) or with which Tenant is consolidated, which business entity shall have a net worth, as determined in accordance with generally accepted accounting principles, of at least Two Hundred Fifty Million Dollars $250,000,000.00 or which acquires all or substantially all of Tenant’s business (whether by stock purchase or otherwise) or assets, or through a reorganization of Tenant from one form of legal entity into another form of legal entity so long as the successor entity assumes by operation of law or otherwise the obligations of Tenant under this Lease, (such business entity being hereinafter called “Permitted Assignee”), shall not require Landlord’s consent or the giving of a Recapture Offer (defined below), but upon the express condition that Permitted Assignee and Tenant shall promptly execute, acknowledge and deliver to Landlord an agreement (“Assumption Agreement”) in form and substance reasonably satisfactory to Landlord whereby Permitted Assignee shall agree to be independently bound by and upon all the covenants, agreements, terms, provisions and conditions set forth in this Lease on the part of Tenant to be performed, and whereby Permitted Assignee shall expressly agree that the provisions of this Article 16 shall, notwithstanding such assignment or transfer, continue to be binding upon it with respect to all future assignments and transfers. In additi...
ASSIGNMENT, MORTGAGING AND SUBLETTING. Section 22.01 Tenant, for itself, its heirs, distributee, executors, administrators, legal representatives, successors and assigns, expressly covenants that it shall not assign, mortgage, pledge, or otherwise encumber, all or any part of its interest in this Lease, sublet the Premises, in whole or in part, or suffer or permit the Premises or any part thereof to be used or occupied by others, without the prior written consent of Landlord in each instance. Any assignment, sublease, mortgage, pledge, encumbrance or transfer in contravention of the provisions of this Article 22 shall be void.
ASSIGNMENT, MORTGAGING AND SUBLETTING. A. Tenant may not assign, transfer, sublet, mortgage, pledge or otherwise encumber this Lease or the Premises or any part thereof without prior written consent of owner which consent should be unreasonably withheld. Any assignment of this Lease shall be upon the express condition that the assignee and Tenant shall promptly execute acknowledge and deliver to Landlord an agreement in form and substance satisfactory to Landlord whereby the assignee agrees to be personally bound by the terms, covenants and conditions of this Lease and shall contain the agreement of the subtenant thereunder that, upon default of this Lease and upon Landlord’s written request, it will pay all rents under the sublease directly to Landlord. Tenant cannot assign nor sublet for rent higher than rent stated in Lease.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 10 8. Repairs ................................................................................................................................... 11 9. Access .................................................................................................................................... 11 10. Common Facilities/Landlord’s Maintenance ........................................................................ 12 11.
ASSIGNMENT, MORTGAGING AND SUBLETTING. SECTION 7.01. (a) Except as otherwise expressly provided in this Article, neither this Lease, nor the term and estate hereby granted, nor any part hereof or thereof, nor the interest of Tenant in any sublease or the rentals thereunder, shall be assigned, mortgaged, pledged, encumbered or otherwise transferred by Tenant, Tenant's legal representatives, subtenants, or successors in interest by operation of law or otherwise, and neither the Premises, nor any part thereof, shall be encumbered in any manner by reason of any act or omission on the part of Tenant or anyone claiming under or through Tenant, or shall be sublet or be used or occupied or permitted to be used or occupied, or utilized for desk space or for mailing privileges by anyone other than Tenant or for any purpose other than as permitted by this Lease, without the prior written consent of Landlord in each case. The transfer (or transfers in the aggregate) of a controlling interest in Tenant, by transfers of stock or general partnership interests, shall be deemed an assignment of this Lease. In the event that Tenant shall desire to assign this Lease or to sublease any portion of the Premises, then Tenant shall submit in writing to Landlord the name of the proposed assignee or subtenant, the nature and character of its business, the terms and conditions of the proposed assignment or subletting, information as to the financial responsibility of the proposed assignee or subtenant, and such other information as Landlord may require. In the event that Tenant desires to
ASSIGNMENT, MORTGAGING AND SUBLETTING. 16.1 Except as otherwise set forth herein, Tenant shall not, without Landlord's prior written consent, which consent may be withheld in Landlord's sole discretion, assign, sublet, mortgage, license, transfer or encumber the Lease or the Premises in whole or in part whether by changes in the ownership or control of Tenant, or any direct or indirect owner of Tenant, whether at one time or at intervals, by sale or transfer of stock, partnership or beneficial interests, operation of law or otherwise (each of the foregoing, a "TRANSFER"). Any purported Transfer made without Landlord's approval, if required hereunder, shall be void and confer no rights upon any third person, provided that if there is a Transfer, after the occurrence of an Event of Default, Landlord may collect rent from the transferee without waiving the prohibition against Transfers, accepting the transferee, or releasing Tenant from full performance under the Lease. In the event of any Transfer in violation of this Article 16, Landlord shall have the right to terminate the Lease upon thirty (30) days' written notice to Tenant within sixty (60) days after written notice from Tenant to Landlord of any Transfer, or within one (1) year after Landlord first learns of the Transfer if no notice is given. No Transfer shall relieve Tenant of its primary obligation as party-Tenant hereunder, nor shall it reduce or increase Landlord's obligations under the Lease.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 29 Section 13.01 Prohibition..................................................29 Section 13.02 Permitted Assignments and Subleases..........................30 Section 13.03 Procedure....................................................31 Section 13.04 Rent.........................................................33 Section 13.05 Tenant's Ongoing Liability...................................34 Section 13.06 Non-Disturbance and Attornment...............................34 Section 13.07 Certain Landlord Rights......................................34 ARTICLE 14 DAMAGE TO OR DESTRUCTION OF THE PREMISES...........................35 Section 14.01 Landlord's Obligation to Repair; Rent Abatement..............35 Section 14.02 Tenant's Right to Terminate..................................35 Section 14.03 Landlord's Right to Terminate................................35 Section 14.04
ASSIGNMENT, MORTGAGING AND SUBLETTING. (a) Tenant shall not (i) assign or otherwise transfer this Lease or the Term and estate hereby granted, (ii) sublet all or part of the Premises or allow the same to be used or occupied by others or in violation of Paragraph 7 hereof, or (iii) mortgage, pledge, or encumber this Lease or all or any part of the Premises in any manner by reason of any act or omission on the part of Tenant, without the prior written consent of Landlord in each instance, which consent shall not be unreasonably withheld, delayed or conditioned.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 22 16.1. Landlord's Consent Required. 22 16.2. Terms and Conditions. 23 16.3. Additional Terms and Conditions Applicable to Subletting. 24 16.4. Transfer Premium from Assignment or Subletting. 24 16.5. Landlord's Option to Recapture Space. 25 16.6. Landlord's Expenses. 25 17. MISCELLANEOUS COVENANTS 26 17.1. Rules and Regulations. 26 17.2. Access to Premises-Shoring. 26 17.3. Accidents to Sanitary and Other Systems. 27 17.4. Signs, Blinds and Drapes. 27 17.5. Estoppel Certificate. 28 17.6. Hazardous Materials. 29 17.7. Medical Waste Disposal. 29 17.8. Prohibited Materials and Property. 29 17.9. Requirements of Law-Fines and Penalties. 29 17.10. Tenant's Acts-Effect on Insurance. 30 17.11.
ASSIGNMENT, MORTGAGING AND SUBLETTING. 22 12.1 Assignment, Mortgage or Sublease 22 13 LICENSES AND TAXES 23 13.1 Lessor's obligation 23 13.2 Lessee's Obligation 23 13.3 Intellectual Property 23 14 REPRESENTATIONS AND WARRANTIES 24
