Common use of Conditions of Assignment Clause in Contracts

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premises, Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to 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 Lessor's receipt of Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options: (1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (3) to refuse, in the exercise of its good faith and reasonable judgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of any event of default, if all or any part of the Leased Premises are then assigned or sublet, 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 rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: New Era of Networks Inc

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Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premisesleased premises, Lessee shall so notify Lessor at least thirty fifteen (3015) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen ten (1510) days after Lessor's receipt of Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options: (1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (32) to refuse, in the exercise of its good faith and reasonable judgement, refuse to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of any an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, 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 rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. The terms of this section 9.03 shall not apply to an assignment or subletting to a Related Party.

Appears in 1 contract

Samples: Basic Lease Terms (Gulfstream Aerospace Corp)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased PremisesPremises over 3,000 Rentable Square Feet, Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such reasonable information as Lessor might request concerning the proposed sublessee sublease or assignee to 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 Lessor's receipt of Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options: (1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or subletsubleased; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (3) to refuse, in the exercise of its good faith and reasonable judgement, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of any event of default, if all or any part of the Leased Premises are then assigned or sublet, 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 rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: New Era of Networks Inc

Conditions of Assignment. If Lessee Sublessee desires to assign or sublet all or any part of the Leased PremisesPremise, Lessee it shall so notify Lessor Sublessor at least thirty (30) days in advance of the date on which Lessee Sublessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and Sublessee shall provide Lessor Sublessor with a copy of the proposed assignment or sublease and such information as Lessor Sublessor might request concerning the proposed sublessee or assignee to allow Lessor Sublessor 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 Lessor's Sublessor’s receipt of Lessee's Sublessee’s proposed assignment or sublease and all required information concerning the proposed sublessee sublease or assignee, to include a non-refundable processing fee, Lessor Sublessor shall have the following options: (1i) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, andwhich consent shall not be unreasonably withheld, if the rental due and payable by any assignee conditioned 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lesseedelayed; or (3ii) to refuse, in the exercise of its good faith reasonable discretion and reasonable judgementjudgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor Sublessor gives Lessee Sublessee written notice providing otherwise. Upon Notwithstanding the occurrence of any event of defaultforegoing, if all or any part of the Leased Premises are then assigned or sublet, 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 rents becoming due to Lessee by reason of the assignment or sublease, and Lessor Sublessee shall have a security interest in all properties on the Leased right, without Sublessor’s consent, to sublet the Subleased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of assign its obligations rights under this LeaseSublease to Sublessee’s parent company or to a subsidiary or affiliate controlled by Sublessee or its parent company (each a “Subsidiary”) provided Sublessee provides the notice required above and provides such information about the entity as Sublessor may reasonably require.

Appears in 1 contract

Samples: Escrow Agreement (Hurco Companies Inc)

Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises, Lessee it shall so notify Lessor Landlord at least thirty seven (307) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within fifteen three (153) days after LessorLandlord's receipt of LesseeTenant's proposed assignment or sublease and all required information concerning the proposed sublessee subleases or assignee, to include a non-refundable processing fee, Lessor Landlord shall have the following options: (1) to cancel this Lease as notify Tenant in writing whether it consents to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (3) to refuse, in the exercise of its good faith and reasonable judgement, to consent to the proposed assignment or sublease, which refusal . Refusal shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of any an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, 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 rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on with any sums collected to be applied to the Leased Premises to secure payment of such sumsrent then or next due hereunder. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Stratasys Inc

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Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the Leased Premises, Lessee it shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee or assignee to allow Lessor 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 LessorLandlord's receipt of LesseeTenant's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor Landlord shall have the following options: (1) to cancel this Lease as to the Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (3) to refuse, in the exercise of its good faith reasonable discretion and reasonable judgementjudgment, as provided above, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor Landlord gives Lessee Tenant written notice providing otherwise. Upon the occurrence of any an event of default, if all or any part of the Leased Premises are then assigned or sublet, LessorLandlord, 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 rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor Landlord shall have a security interest in all properties on the Leased Premises to secure payment of such sums. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.

Appears in 1 contract

Samples: Office Lease (Trizetto Group Inc)

Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the Leased Premisesleased premises, Lessee it shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to 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 Lessor's receipt of Lessee's proposed assignment or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options: (1) to cancel this Lease as to the Leased Premises leased premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rental 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) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee; or (3) to refuse, in the exercise of its good faith sole and reasonable judgementabsolute discretion and judgment, to consent to the proposed assignment or sublease, which refusal shall be deemed to have been exercised unless Lessor gives Lessee written notice providing otherwise. Upon the occurrence of any an event of default, if all or any part of the Leased Premises leased premises are then assigned or sublet, 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 rents becoming due to Lessee by reason of the assignment or sublease, and 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 Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of 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 shall 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, shall be the responsibility of Lessee and shall be paid by Lessee within five (5) days of demand for payment thereof.

Appears in 1 contract

Samples: Lease Terms (Techdyne Inc)

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