Common use of Conditions of Assignment Clause in Contracts

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entity, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, exceeds the Rent payable under the Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, or (c) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 2 contracts

Samples: Office Lease (Interface Security Systems Holdings Inc), Office Lease (Interface Security Systems, L.L.C.)

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Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityor grant any license, concession or other right of occupancy of any portion of the Leased Premises, it shall must so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant shall Lessee must provide Landlord Lessor with a copy of the proposed assignment or of sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following optionsLessor may, in its reasonable discretion, either: (ai) cancel this Lease as to (a) the Leased Premises or (b) that portion thereof proposed to be assigned or subletsublet at Lessor’s option; (bii) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its reasonable discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with that relates to the assignment subject space or sublease, this Lease) exceeds the Rent rent payable under the this Lease for such spacespace plus all costs reasonably incurred by Lessee in negotiating the transaction and preparing the space for the assignee or sublessee, Tenant Lessee shall pay to Landlord fifty percent (Lessor 50%) % of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee or (ciii) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be is deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of defaultEvent Of Default, if all or any part of the Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any Lessee agrees that any collection directly by Landlord Lessor from the assignee or sublessee shall is not be construed intended to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, up to a maximum of an additional $500.00, are the responsibility of Lessee and must be paid by Lessee within live (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Gevo, Inc.), Lease Agreement (Gevo, Inc.)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (157) business days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent one-half (50%1/2) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, subject to the limitations set forth in its sole and absolute discretion and judgmentSection 9.2 above, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 2 contracts

Samples: Lease Terms (Fair Isaac & Company Inc), Fair Isaac & Company Inc

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and judgmentwith reasonable judgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 2 contracts

Samples: Lease Terms (Intranet Solutions Inc), Digital River Inc /De

Conditions of Assignment. If With the exception of a Permitted Assignment, if Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entity, it shall must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have is entitled to exercise any of the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent one-half (50%1/2) of all such excess rent and other excess consideration within ten (10) days following immediately upon receipt thereof by Tenant, or (c2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall will be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence If Landlord exercises option (1) above, and thereafter an Event of an event of default, if all or any part of the Leased Premises are then assigned or subletDefault occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any Tenant agrees that any collect collection directly by Landlord from the assignee or sublessee shall subtenant may not be construed to constitute as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord’s review of any assignment or sublease, Tenant must pay Landlord all legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within thirty (30) days of demand with supporting documentation for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Oxford Immunotec Global PLC), Lease Agreement (Oxford Immunotec Global PLC)

Conditions of Assignment. If Tenant Except for an assignment or sublease not requiring Lessor's prior approval as described in Paragraph 9.02 above, if Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or of sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee: or (c2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Landlord, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Teraforce Technology Corp), Lease Agreement (Intelect Communications Systems LTD)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityor grant any license, concession or other right of occupancy of any portion of the Leased Premises, it shall must so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease; provided, however, Lessee is permitted to sublet all or any part of the Leased Premises to Xxxxxxx Optics, Inc., or Optical Regen, Inc., with which it has a working relationship, without the prior written consent of Lessor. Tenant shall Lessee must provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following optionsLessor may, in its sole and absolute discretion, either: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (bi) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (cii) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be is deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any Lessee agrees that any collection directly by Landlord Lessor from the assignee or sublessee shall is not be construed intended to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor’s review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor’s administrative costs with respect thereto. In addition, all legal fees and expenses, not to exceed $1,000, incurred by Lessor in connection with the review by Lessor of Lessee’s requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 2 contracts

Samples: Lease Agreement (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might reasonably request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such such. space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection collections directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Enpath Medical Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Terms (Bio Vascular Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant . Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute reasonable [interlineated text] discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly directly, by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Microtune Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or of sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or of sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or of sublease, and, and if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, of sublease (or a combination of the rent payable under such assignment or of sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, : or (c2) refuse, in its sole and absolute discretion and judgmentwith reasonable judgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Digital River Inc /De

Conditions of Assignment. If With the exception of an assignment or sublease to a Permitted Transferee, if Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with With a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15fifteen(15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or or, sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the this assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations obligation under this Lease.

Appears in 1 contract

Samples: Cardiovascular Systems Inc

Conditions of Assignment. If Tenant desires desires, to assign or sublet ------------------------ all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. At the time Tenant submits such a request, Tenant shall pay to Landlord, Landlord's then standard processing fee and shall reimburse Landlord for all legal fees incurred in connection with Tenant's request. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have the following options: (a1) cancel this Lease Agreement as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the Lease this Agreement for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refusesubject to the provisions of Section 9.02, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon In the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, Landlord may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee subtenant shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this LeaseAgreement. No assignment of this Agreement consented to by Landlord shall be effective until Landlord shall receive an original assumption agreement, in form and substance satisfactory to Landlord, signed by Tenant and Tenant's assignee.

Appears in 1 contract

Samples: Letter Agreement (Argosy Education Group Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall must so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant shall Lessee must provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee sub lessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee sub lessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee sub lessee or assignee, Landlord shall have the following optionsLessor may, in its sole and absolute discretion, either: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Lessor in its sole discretion, and, if the rent due and payable by any assignee or sublessee sub lessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by TenantLessee, provided, such consent may be conditioned upon payment to Lessor of a commission upon such assignment or sublease equal to the greater of two percent (2%) of the gross rents due during the term of the sublease or remaining term of this Lease-in the case of an assignment, in either event not to exceed five years, or one-half of any commission paid to any third party broker; or (c3) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal shall be is deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee sub lessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord shall have Lessor will be entitled to a security interest in all properties on the Leased Premises to secure payment of such sums. Any Lessee agrees that any collection directly by Landlord Lessor from the assignee or sublessee shall sub lessee is not be construed intended to constitute a novation notation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor's review of any assignment or sublease, Lessee must deliver to Lessor a non-refundable fee of $500.00 to defer Lessor's administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Lessor in connection with the review by Lessor of Lessee's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, are the responsibility of Lessee and must be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Commercial Lease (American Caresouce Holdings, Inc.)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might reasonably request concerning the proposed sublessee or assignee to allow Landlord to make tomake informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen thirty (1530) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b( 1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the this assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. .. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations obligation under this Lease.

Appears in 1 contract

Samples: DJO Finance LLC

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty fifteen (3015) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen five (155) days after Landlord’s Xxxxxxxx's receipt of Tenant’s Xxxxxx's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Xxxxxx; or (c2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Xata Corp /Mn/)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entity, it shall must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have is entitled to exercise any of the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following immediately upon receipt thereof by Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (c2) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease. If Landlord exercises option (1) above, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence and thereafter an Event of an event of default, if all or any part of the Leased Premises are then assigned or subletDefault occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have will be entitled to a security interest in all properties property located on the Leased Premises to secure payment of such sums. Any Tenant agrees that any collection directly by Landlord from the assignee or sublessee shall subtenant may not be construed to constitute as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord's review of any assignment or sublease, Tenant must pay Landlord all reasonable out-of-pocket legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within five (5) days of demand for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.

Appears in 1 contract

Samples: Lease Terms (I Sector Corp)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee sublease, or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, and if the rent Rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent Rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent Rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwiseotherwise within 10 days. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties property on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (V2K International Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refusealthough such consent shall not he unreasonably withheld, in its sole and absolute discretion and judgment, Landlord may refuse to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection collections directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Basic Lease Terms (Atmi Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; [omitted] (b2) consent to the proposed assignment or sublease, sublease and, if the rent due and payable by any assignee assigneee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent conceal to the proposed assignment or sublease, sublease which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant lessee written notice providing otherwise. Upon the occurrence of an event of default, if all any or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease case or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly directly, by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Performance Printing Corp)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entitya third party which is not a Permitted Assignee, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent rent, less Tenant's reasonable costs in completing the assignment or subletting, and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or subleasesublease if such refusal is commercially reasonable, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Fieldworks Inc

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entity, it shall must so notify Landlord at least thirty twenty (3020) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall , and provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen ten (1510) business days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have is entitled to exercise any of the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if pursuant to a consent agreement executed by Tenant and the rent due and payable by any proposed assignee or sublessee under any subtenant containing such permitted assignment or sublease, or terms as Landlord may require on a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups form approved by Landlord in its out of pocket leasing costs in connection with the assignment or sublease, exceeds the Rent payable under the Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenantreasonable discretion, or (c2) refuserefuse if, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or subleasesublease is unacceptable to Landlord. Any sublease or assignment to the extent permitted hereunder, which refusal shall be deemed to have been exercised unless Landlord gives not relieve the Tenant written notice providing otherwiseof its liability under the provisions of this Lease. Upon Notwithstanding the occurrence preceding provisions of an event of defaultSections 9.02 and 9.03 above, if all Tenant may assign or sublet the Leased Premises, or any part of the Leased Premises are then assigned or subletthereof, Landlord, in addition to any other remedies provided entity controlling Tenant, controlled by this Lease or provided by lawTenant, maywithout the prior written consent of Landlord; provided, at its optionhowever, collect directly from the assignee or sublessee all rent becoming due to that Tenant by reason shall immediately provide Landlord with written notice of the any such assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Commercial Lease Agreement (Basanite, Inc.)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (100 0) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Vital Health Technologies Inc

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, sublease which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly directly, by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Learningstar Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection collection, directly by Landlord from the assignee or sublessee subtenant, shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to the review of any assignment or sublease, Tenant shall deliver to Landlord or Landlord's manager, as the case may be, a non-refundable fee of $500.00 to defray the administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Landlord or its manager in connection with the review of Tenant's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, shall be the responsibility of Tenant and shall be paid by Tenant within five (5) days of demand for payment thereof. The non-refundable fee and legal expenses incurred as described herein will be due and payable regardless of whether or not Landlord approves the assignment or sublease as requested by Tenant.

Appears in 1 contract

Samples: Lease Agreement (Back Yard Burgers Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned assign or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vascular Solutions Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed assignee or sublessee or assignee to allow Landlord to make informed judgments judgment, as to the financial condition, reputation, operations and general desirability of the proposed sublessee assignee or assigneesublessee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee assignee or assigneesublessee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, and if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out thereto) net of Tenant's out-of-pocket leasing costs expenses in connection with procuring the proposed assignment or sublease, sublease exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which . Which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or our sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Gt Interactive Software Corp)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen The sole condition of Landlord's consent to an assignment or sublet shall be that the proposed assignee or subtenant have a financial condition equal to or better than Tenant's financial condition as of the execution of this Lease. Fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, in its sole and absolute discretion and reasonable judgment, to consent to the proposed assignment or sublease, which refusal reasons shall be deemed provided in writing to have been exercised unless Landlord gives Tenant Tenant, together with written notice providing otherwiseof Landlord's refusal pursuant to this Section 9.3. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection collections directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Research Inc /Mn/)

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Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration consideration, less any reasonable expenses incurred in obtaining the assignment or sublease, within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Channelpoint Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or of sublease, or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, exceeds the Rent payable under the Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, or (c2) refuse, in its sole and absolute discretion and judgment, reasonable determination to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part party of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or of sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Vialog Corp)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises leased premises to an unaffiliated entityoutside third party, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgmentwith reasonable cause, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.by

Appears in 1 contract

Samples: Lease Agreement (Spacehab Inc \Wa\)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or OR any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor, in writing, at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by lawLaw, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Bollinger Industries Inc)

Conditions of Assignment. If Tenant Except with respect to a Permitted Transfer, if Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, exceeds the Rent payable under the Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, or (c2) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease, which refusal to consent shall not be made unreasonably and shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwiseotherwise within said fifteen (15) day period. Upon the occurrence of an event of defaultdefault (after passage of all applicable notice and cure periods), if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by any law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Radiant Lease Agreement (Radiant Systems Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after LandlordLessor’s receipt of TenantLessee’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or of sublease, or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, exceeds the Rent payable under the Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, or (c2) refuse, in its sole and absolute discretion and judgment, reasonable determination to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part party of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rent rents becoming due clue to Tenant Lessee by reason of the assignment or of sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Ptek Holdings Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration therefore or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord Lessor fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee subtenant shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease (SPR Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entity, it shall must so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee subtenant or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee subtenant or assignee, Landlord shall have is entitled to exercise any of the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, pursuant to a Consent Agreement on a form approved by Landlord in its reasonable discretion, and, if the rent due and payable by any assignee or sublessee subtenant under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following immediately upon receipt thereof by Tenant, after deducting therefrom all costs and expenses incurred by Tenant in connection with such assignment or sublease, or (c2) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease. If Landlord exercises option (I) above, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence and thereafter an Event of an event of default, if all or any part of the Leased Premises are then assigned or subletDefault occurs, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have will be entitled to a security interest in all properties property located on the Leased Premises to secure payment of such sums. Any Tenant agrees that any collection directly by Landlord from the assignee or sublessee shall subtenant may not be construed to constitute as, or constitute, a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease. As a condition to a request for Landlord's review of any assignment or sublease, Tenant must pay Landlord all reasonable out-of-pocket legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant's requested assignment or sublease together with any reasonable out-of-pocket legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease within five (5) days of demand for payment thereof, provided Tenant's responsibilities for such amounts shall not exceed $1,000.

Appears in 1 contract

Samples: Basic Lease Terms (INX Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease. See Item #3 of Exhibit "B" attached hereto and made a part hereof.

Appears in 1 contract

Samples: Sublease Agreement (Interactive Entertainment LTD)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; or (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out thereto), net of pocket leasing costs in connection with the assignment or subleasecommissions, attorneys' fees, expenses of alteration and other transaction expenses, exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) one-half of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, or (c) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, option collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Sublease Agreement (Trizetto Group Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (157) business days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b1) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent one-half (50%1/2) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c2) refuse, subject to the limitations set forth in its sole and absolute discretion and judgmentSection 9.2 above, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation notation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Terms (Fair Isaac & Company Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) twenty days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might reasonably request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent or other consideration provided by Lessee in lieu of excess rent which is attributable to rent and other excess consideration rent only within ten (10) days following receipt thereof by Tenant, Lessee; or (c3) refuse, in its sole and absolute discretion and judgmentreasonable discretion, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord Lessor gives Tenant Lessee written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, LandlordLessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Styrochem International LTD)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to ot make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, condition reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Tenant or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or of sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.shall

Appears in 1 contract

Samples: Lease Agreement (Thermoview Industries Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty fifteen (3015) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen seven (157) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such spacespace after subtracting costs of procurement of sublessee, Tenant shall pay to Landlord fifty percent half (50%1/2) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute with reasonable discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Norstan Inc

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s receipt of Tenant’s proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection collections directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Agreement (Delphax Technologies Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant shall pay to Landlord fifty percent (50%) of all such excess rent (after reduction for reasonable expenses incurred by Tenant to procure such rent) and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Lease Terms (Micro Component Technology Inc)

Conditions of Assignment. If Tenant Lessee desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityleased premises, it shall so notify Landlord Lessor at least thirty (30) days in advance of the date on which Tenant Lessee desires to make such assignment or sublease. Tenant Lessee shall provide Landlord Lessor with a copy of the proposed assignment or sublease and such information as Landlord Lessor might request concerning the proposed sublessee or assignee to allow Landlord Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen five (155) days after Landlord’s Lessor's receipt of Tenant’s Lessee's proposed assignment or of sublease and all required information concerning the proposed sublessee or assignee, Landlord Lessor shall have the following options: (a1) cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, Tenant Lessee shall pay to Landlord fifty percent (50%) of Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, Lessee: or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant ; Lessor will give Lessee written notice providing otherwiseof refusal within ten (10) days after receipt of all documentation. Upon the occurrence of an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, Landlord, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant Lessee by reason of the assignment or sublease, and Landlord Lessor shall have a security interest in all properties on the Leased Premises leased premises to secure payment of such sums. Any collection directly by Landlord Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Basic Lease Terms (Allstar Systems Inc)

Conditions of Assignment. If Tenant desires to assign or sublet all or any part of the Leased Premises to an unaffiliated entityPremises, it shall so notify Landlord at least thirty (30) days in advance of the date on which Tenant desires to make such assignment or sublease. Tenant shall provide Landlord with a copy of the proposed assignment or sublease and such information as Landlord might request concerning the proposed sublessee or assignee to allow Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen (15) days after Landlord’s 's receipt of Tenant’s 's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, Landlord shall have the following options: (a1) cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned assign or sublet; (b2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease, sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto after Tenant first recoups its out of pocket leasing costs in connection with the assignment or sublease, thereto) exceeds the Rent rent payable under the this Lease for such space, after recovering all direct and indirect costs associated with such assignment or Sublease, Tenant shall pay to Landlord fifty percent (50%) % of all such excess rent and other excess consideration within ten (10) days following receipt thereof by Tenant, ; or (c3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice providing otherwise. Upon the occurrence of an event of default, if all or any part of the Leased Premises are then assigned or sublet, Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rent rents becoming due to Tenant by reason of the assignment or sublease, and Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Basic Lease Terms (Insignia Systems Inc/Mn)

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