Common use of Assignment of Sublease Rents Clause in Contracts

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights by Landlord shall release Tenant from any of its obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignment; provided, however, that except to the extent specified by Landlord in a notice or demand given to Tenant and Subtenant exercising Landlord’s right to collect the Sublease Rents directly from Subtenant, Tenant shall have a license to collect the Sublease Rents, but neither prior to accrual nor more than one month in advance (except for security deposits and escalations provided for in the Sublease). Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premises.

Appears in 2 contracts

Samples: Office Lease (COUPONS.com Inc), Sublease (Appian Corp)

AutoNDA by SimpleDocs

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby unconditionally absolutely and irrevocably grants, transfers, assigns and sets over to Landlord any and all of rights to receive rent and other consideration from any sublease and agrees that Landlord, as assignee or as attorney-in-fact for Tenant for purposes hereof, or a receiver for Tenant appointed on Landlord’s application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, obligations to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights by Landlord shall release Tenant from any of its obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignmentLease; provided, however, that except to the extent specified by Landlord in a notice or demand given grants to Tenant at all times prior to occurrence of any breach or default by Tenant a revocable license to collect such rents (which license shall automatically and Subtenant exercising Landlord’s right without notice be and be deemed to have been revoked and terminated immediately upon any Event of Default). Notwithstanding the foregoing, such assignment to Landlord of the rights to receive rent and other consideration from any sublease and to collect the Sublease Rents directly from Subtenantsame shall not be deemed to create any privity of contract or estate as between Landlord and any subtenant, Tenant shall have a license to collect the Sublease Rents, but neither prior to accrual nor more than one month in advance (except for security deposits and escalations provided for in the Sublease). Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand be construed as an assumption by Landlord for the payment to Landlord of any Sublease Rents due liability or obligation of Tenant to any subtenant or as an agreement by Landlord to recognize any sublease or the rights or interests of any subtenant thereunder in the event of the expiration or any earlier termination of this Lease from any cause whatsoever, nor shall any action taken by Landlord to enforce such assignment or to become due. collect any rent or other consideration payable by any subtenant be deemed to create or impose any liability on Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premisesto any such subtenant.

Appears in 2 contracts

Samples: Lease Agreement (Tercica Inc), Lease Agreement (Taleo Corp)

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant Sublandlord hereby unconditionally absolutely and ---------------------------- irrevocably grants, transfers, assigns and sets over to Landlord any and all of Tenant’s interest in rights to receive rent and other consideration from any sublease, including the rentsSublease, issues and profits of the Sublease (collectivelyagrees that Landlord, the “Sublease Rents”), together with full power and authority, in the name of Tenantas assignee for Sublandlord for purposes hereof, or otherwise, a receiver for Sublandlord appointed on Landlord's application may (but shall not be obligated to) collect such rents and other consideration and apply the same toward Sublandlord's obligations to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights by Landlord shall release Tenant from any of its obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignmentPrime Lease; provided, however, that Landlord grants to Sublandlord at all times prior to occurrence of any breach or default by Sublandlord under the Prime Lease (and at all times following full and complete cure of any Event of Default under the Prime Lease, so long as there has been no subsequent breach or default by Sublandlord under the Prime Lease) a revocable license to collect such rents (which license shall automatically and without notice be and be deemed to have been revoked and terminated immediately upon any Event of Default under the Prime Lease). Sublandlord and Subtenant agree that upon receipt of notice from Landlord directing Subtenant to pay the Sublease rent directly to Landlord, Subtenant shall pay rent due under the Sublease to Landlord. Landlord shall credit Sublandlord with any rent received by Landlord under such assignment, but the acceptance of any payment on account of rent from Subtenant as the result of any such default shall in no manner whatsoever serve to release Sublandlord from any liability under the Prime Lease, except to the extent specified by Landlord in a notice or demand given to Tenant and Subtenant exercising Landlord’s right to collect the Sublease Rents directly from Subtenant, Tenant shall have a license to collect the Sublease Rents, but neither prior to accrual nor more than one month in advance (except for security deposits and escalations provided for in the Sublease). Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premisesrent so credited.

Appears in 1 contract

Samples: Sublease Agreement (Talk City Inc)

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s 's interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights by Landlord shall release Tenant from any of its obligations under the Lease or the Sublease. The parties Tenant and Landlord intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignment; provided, however, that except to the extent specified by Landlord in a notice or demand given to Tenant and Subtenant exercising Landlord’s right to collect the Sublease Rents directly from Subtenant, Tenant shall have a license to collect the Sublease Rents, but neither prior to accrual nor more than one month in advance (except for security deposits and escalations provided for in the Sublease). Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the payment to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premises.

Appears in 1 contract

Samples: Sublease (Stealth BioTherapeutics Corp)

AutoNDA by SimpleDocs

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby unconditionally and irrevocably grants, transfers, assigns and sets over to Landlord all of Tenant’s interest in the rents, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of such rights by Landlord shall release Tenant from any of its obligations under the Lease or the Sublease. The parties intend Tenant intends that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignment; provided, however, that except to the extent specified by Landlord in a notice or demand given to Tenant and Subtenant exercising Landlord’s right to collect the Sublease Rents directly from Subtenant, Tenant shall have a license to collect the Sublease Rents, but neither prior to accrual nor more than one month in advance (except for security deposits and escalations provided for in the Sublease). Tenant hereby irrevocably authorizes Subtenant to rely upon and comply with any such notice or demand by Landlord for the payment to Landlord of any Sublease Rents due or to become due, and Subtenant will have no obligation to inquire as to the propriety of any such notice or demand, or to see to the application of any amounts so paid. Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased Premises.

Appears in 1 contract

Samples: April 2012 Letter Agreement (Chiasma, Inc)

Assignment of Sublease Rents. (a) Subject to the license granted in this paragraph, Tenant hereby unconditionally and irrevocably grants, transfers, assigns and sets over transfers to Landlord all of Tenant’s 's interest in the rentsall rent and income arising from any sublease heretofore or hereafter made, issues and profits of the Sublease (collectively, the “Sublease Rents”), together with full power and authority, in the name of Tenant, or otherwise, to demand, receive, enforce, collect or receipt for any or all of the foregoing, to endorse or execute any checks or other instruments or orders, to file any claims and to take any other action which Landlord may deem necessary or advisable in connection therewith; provided, that no exercise of collect such rights by Landlord shall release Tenant from any of its rent and income and apply same toward Tenant's obligations under the Lease or the Sublease. The parties intend that the assignment described in this Paragraph 12 shall be a present, actual, absolute and unconditional assignmentLease; provided, however, that except to the extent specified by Landlord until Tenant shall be in a notice or demand given to Tenant and Subtenant exercising Landlord’s right to collect the Sublease Rents directly from Subtenantdefault hereunder, Tenant may receive, collect and enjoy the rent and income accruing under such sublease. Landlord shall have not, by reason of this or any other assignment, nor by reason of the collection of rent or income from a license sublessee, be deemed liable to collect the Sublease Rents, but neither prior such sublessee for any failure of Tenant to accrual nor more than one month in advance (except for security deposits perform and escalations provided for in the Sublease)comply with any of Tenant's obligations under such sublease. Tenant hereby irrevocably authorizes Subtenant and directs any such sublessee, upon receipt of a written notice from Landlord stating that Tenant is in default hereunder, to pay to Landlord the rent and income due and to become due under such sublease. Tenant agrees that such sublessee shall have the right to rely upon and comply with any such statement and request by Landlord and that such sublessee shall pay rent and income to Landlord without any obligation or right to inquire as to whether such default exists and notwithstanding any notice or demand by claim from Tenant to the contrary. Tenant shall have no right or claim against such sublessee or Landlord for the payment any such rent or income so paid by such sublessee to Landlord of any Sublease Rents due or to become due. Landlord shall be accountable only for the Sublease Rents actually collected hereunder and not for the rental value of the Subleased PremisesLandlord.

Appears in 1 contract

Samples: Office Lease (Ministry Partners Investment Company, LLC)

Time is Money Join Law Insider Premium to draft better contracts faster.