Common use of ASSIGNMENT, SUBLETTING, ETC Clause in Contracts

ASSIGNMENT, SUBLETTING, ETC. A. Tenant, for itself, its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or arty part thereof to be used by others, without the prior written consent of Landlord in each instance. Similarly, the sale or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity shall also be deemed an assignment of this Lease. If this Lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

ASSIGNMENT, SUBLETTING, ETC. A. Tenant, for itself, its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises or arty any part thereof to be used by others, without the prior written consent of Landlord in each instanceinstance which consent shall not be unreasonably withheld, conditioned or delayed. Similarly, the The sale or transfer of membership interests in stock control, if Tenant be a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity corporation, shall also be deemed an assignment of this LeaseLease unless (a) such sale or transfer is made to a publicly owned corporation, (b) it involves the sale or issuance of securities registered under the Securities Act of 1933, as amended, (c) it is made amongst the existing stockholders of Tenant, or (d) it results from the death of a stockholder of Tenant. If this Lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

ASSIGNMENT, SUBLETTING, ETC. A. Section 22.01. Tenant, for itself, its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber other than pursuant to the provisions of this Lease, nor underletshall not, whether voluntarily, involuntarily, by operation of law or otherwise (a) assign or otherwise transfer this Lease or the Term and estate hereby granted, (b) sublet the Premises or any part thereof, or suffer or permit allow the Demised Premises or arty part thereof same to be used used, occupied or utilized by othersany one other than Tenant, without the prior written consent of Landlord in each instance. Similarlyor (c) mortgage, the sale pledge, encumber or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity shall also be deemed an assignment of this Lease. If otherwise hypothecate this Lease be assigned, or if the Demised Premises or any part thereof in any manner whatsoever, without in each instance obtaining the prior consent of Landlord which consent as to (a) and (b) above shall not be underlet unreasonably withheld conditioned or occupied by anyone other than Tenantdelayed, Landlord mayprovided that Tenant has strictly complied with the provisions of Section 22.03, after default by Tenant, collect rent from the assignee, undertenant or occupant 22.04 and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver 22.06 of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant herein containedLease. The consent by Landlord to an assignment assignment, subletting or underletting use or occupancy by others shall not in any wise way be construed considered to relieve Tenant from obtaining the express consent in writing of Landlord to any other or further assignment assignment, or underlettingsubletting or use or occupancy by others not expressly permitted by this Article. If Landlord fails to respond to request for consent within fifteen (15) days after Tenant's written request and no Act of Default exists at such time, nor consent shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunderbe deemed given.

ASSIGNMENT, SUBLETTING, ETC. A. Tenant, for itself, its heirs, executors, administrators, successors Not to assign or transfer this Lease or to sublease (which term shall be deemed to include the granting of concessions and assigns, expressly covenants that it shall not assign, mortgage licenses and the like) all or encumber any part of this Lease, nor underlet, Premises or suffer or permit this Lease or the Demised Premises leasehold estate hereby created or arty part thereof any other rights arising under this Lease to be used assigned or transferred, in whole or in part, whether voluntarily, involuntarily or by othersoperation of law, without or permit the prior written consent of Landlord in each instance. Similarly, the sale or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control occupancy of the entity shall also be deemed an assignment of this Lease. If this Lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such Tenant without obtaining written permission of Landlord. Any attempted assignment, underlettingtransfer, occupancy sublease or collection other transfer without Landlord's written permission, shall be void. In the event Landlord gives its written permission to an assignment or subletting of premises, in whole or in part, same shall not be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant herein contained. The consent by any liability to Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease. Notwithstanding the above, Tenant may grant a leasehold mortgage on its tenancy hereunder to it or its affiliates' present institutional lenders. Notwithstanding the foregoing, the Tenant may at any time and from time to time (i) transfer or assign this to any affiliate, subsidiary, parent or other person or entity controlled by Tenant, controlling Tenant or under common control of tenant. Notwithstanding the above shall continue fully liable in all respects hereunderbe deemed a release of Tenant from liability under this lease.

ASSIGNMENT, SUBLETTING, ETC. A. (a) Tenant, for itself, : its heirs, executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised demised Premises or arty any part thereof to be used by others, without the prior written consent of Landlord in each instance. Similarly, the sale instance which consent will not be unreasonable withheld provided any assignee or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity shall also be deemed an assignment of this Leasesubtenant financial and credit condition is acceptable to Landlord. If this Lease be assigned, or if the Demised demised Premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default by be Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant Ten ant herein contained. The consent by Landlord to an assignment or underletting shall not in any wise way be construed to relieve Tenant from obtaining the express consent in writing of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.

ASSIGNMENT, SUBLETTING, ETC. A. (a) Tenant, for itself, its heirs, --------------------------- executors, administrators, successors and assigns, expressly covenants that it shall not assign, mortgage or encumber this Lease, nor underlet, or suffer or permit the Demised Premises demised premises or arty any part thereof to be used by others, without the prior written consent of Landlord in each instance. Similarly, the sale or transfer of membership interests in a limited liability company or of partnership interests in a partnership when such sale or transfers change control of the entity shall also be deemed an assignment of this Lease. If this Lease be assigned, or if the Demised Premises demised premises or any part thereof be underlet or occupied by anyone other than Tenant, Landlord may, after default by Tenant, collect rent from the assignee, undertenant or occupant and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignee, undertenant or occupant as Tenant, or a release of Tenant from the further performance by Tenant of all covenants on the part of Tenant herein contained. The consent by Landlord to an assignment or underletting shall not in any wise be construed to relieve Tenant from obtaining the express consent in writing writing, of Landlord to any further assignment or underletting, nor shall the same release or discharge Tenant from any liability, past, present or future, under this Lease, and Tenant shall continue fully liable in all respects hereunder.