Common use of Conditions of Landlord's Consent Clause in Contracts

Conditions of Landlord's Consent. As a condition to Landlord's -------------------------------- prior written consent as provided for in this Section 9, (a) Tenant shall pay Landlord its reasonable legal fees and costs incurred due to the transfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a transfer that Tenant shall pay to Landlord all profits from the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by the Tenant and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of the Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Colorado Business Bankshares Inc)

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Conditions of Landlord's Consent. As a condition to Landlord's -------------------------------- prior written consent as provided for in this Section 9Section, (ai) Tenant shall pay Landlord its Landlord's reasonable legal fees and costs incurred due to the transfertransfer not to exceed One Thousand Dollars ($1,000); (bii) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, ; and (ciii) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a transfer that Tenant shall pay to Landlord one-half (50%) of all profits from the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by the Tenant and subtracting the remaining rent obligation obligations of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of the Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant. This provision shall not apply to Permitted Transfers.

Appears in 1 contract

Samples: Lease Agreement (Webridge Inc)

Conditions of Landlord's Consent. As a condition to Landlord's prior -------------------------------- prior written consent as provided for in this Section 9, (a) Tenant shall pay Landlord its reasonable legal fees and out-of-pocket costs incurred due to the transferRestricted Transfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a transfer Restricted Transfer that Tenant shall pay pay' to Landlord all profits from the transfer such Restricted Transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by the Tenant Xxxxxx and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of the TenantXxxxxx's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Inflow Inc)

Conditions of Landlord's Consent. As a condition to Landlord's prior -------------------------------- prior written consent as provided for in this Section 9Section, (a) Tenant shall pay Landlord its reasonable Landlord's legal fees and costs incurred due to the transfer; (b) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, ; and (c) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a transfer that Tenant shall pay to Landlord all profits from the transfer determined by deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interest, the reasonable costs of the transfer incurred by the Tenant and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from the transfer, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of the Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Virtual Mortgage Network Inc)

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Conditions of Landlord's Consent. As Except as provided in Section 10.4, as a condition to Landlord's -------------------------------- prior written consent as provided for in this Section 9Section, (ai) Tenant shall pay Landlord its Landlord's reasonable legal fees and costs incurred due to the transfertransfer not to exceed an amount actually paid to outside counsel (i.e., no fees will be charged for in-house counsel); (bii) the transferee(s) shall agree in writing to comply with and be bound by all of the terms, covenants, conditions, provisions and agreements of this Lease, Lease applicable to it; and (ciii) Tenant shall deliver to Landlord, promptly after execution, an executed copy of each transfer instrument and an agreement of said compliance by each transferee. Landlord may require as a condition of granting consent to a transfer that Tenant shall pay to Landlord one-half (50%) of all profits from the transfer determined by rent in excess of Rent hereunder after deducting from the total consideration paid directly or indirectly to or for the benefit of Tenant or its designee for the transferred interestexpenses, the reasonable costs of the transfer and re-Leasing incurred by the Tenant and subtracting the remaining rent obligation of the Tenant at such time under this Lease. For purposes of determining all profits from the transferexcess Rent under this Section 10.2, substance shall control over form such that Landlord may ignore any attempt by Tenant to inflate the purchase price of any other assets transferred in an attempt to conceal the profit on the transfer of the Tenant's interest in this Lease. Sums payable hereunder shall be paid to Landlord as and when paid by the transferee to Tenant.

Appears in 1 contract

Samples: Lease Agreement (Planar Systems Inc)

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