Assignment Subletting Mortgage Clause Samples
Assignment Subletting Mortgage. A. Tenant shall not have the right to assign or pledge this Lease or to sublet the whole or any part of the Premises, whether voluntarily or by operation of law, or permit the use or occupancy of the Premises by anyone other than Tenant, or assign this Lease for security purposes, without the prior consent of Landlord, and such restrictions shall be binding upon any assignee or subtenant to which Landlord has consented. In the event Tenant desires to sublet the Premises, or any portion thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord at least thirty (30) days but no more than sixty (60) days prior to the proposed commencement date of such subletting or assignment, which notice shall set forth the name of the proposed subtenant or assignee, the relevant terms of any sublease and copies of financial reports and other relevant financial information of the proposed subtenant or assignee. Notwithstanding any permitted assignment or subletting, Tenant shall at all times remain directly and primarily responsible and liable for the payment of the rent herein specified and for compliance with all of its other obligations under this Lease. Upon the occurrence of an "event of default" (as hereinafter defined), if the Premises or any part thereof are then sublet, Landlord, in addition to any other remedies provided herein or by law, may collect directly from such subtenant all rents due and becoming due to Tenant under such sublease and apply such rent against any sums due to Landlord from Tenant hereunder. No such collection directly from an assignee or subtenant shall be construed to constitute a novation or a release of Tenant from the further performance of Tenant's obligations hereunder.
B. Subject to the provisions hereof, Tenant shall have the right, with the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, to assign its interest in this Lease and to sublet all of the Premises (and not any portion(s) thereof), to any entity which is a successor to Tenant either by merger or consolidation or to a parent, subsidiary or affiliate of Tenant. In addition, Tenant shall have the right, with the prior written consent of Landlord, which shall not be unreasonably withheld or delayed, to assign its interest in this Lease to any entity to which Tenant shall sell its business (whether by means of an asset sale or a stock sale), provided the following terms and conditions are complied with: (a)...
Assignment Subletting Mortgage. Section 5.1 Prohibition: Definitions
5.1.1 Subject only to the exceptions provided in Section 5.2 below, neither Tenant nor Tenant's legal representatives, successors or assigns shall assign this Lease ("Assign" or "Assignment"), or transfer, sublet, license or permit the Premises or any part thereof to be used or occupied by others (collectively, "Sublet" or "Sublease"); furthermore, in no event shall Tenant or Tenant's legal representatives or assigns pledge, hypothecate, mortgage or otherwise encumber this lease (collectively, "Mortgage"). Any such Assignment, Sublease or Mortgage (whether voluntary or by operation of law) shall be voidable at the option of Landlord, and shall constitute a material breach of this Lease. No interest of Tenant in this Lease or the Premises shall be assignable or assigned by operation of law and Tenant shall not suffer or permit either such an assignment or any involuntary assignment of any nature whatsoever. By way of example and not limitation it shall be deemed an Assignment under this Lease and shall be subject to all the provisions of this Article 5, if either (a) Tenant consists of more than one party and there is a purported assignment from one such party to any other or others of such parties constituting Tenant, or (b) there is any transfer of control of Tenant, whether by transfer of shares of stock, partnership interests or otherwise or
Assignment Subletting Mortgage
