Corporations and Partnerships. Subject to Article 13h., if Lessee is a partnership, a withdrawal or substitution (whether voluntary, involuntary or by operation of law and whether occurring at one time or over a period of time) of any partner(s) owning fifty percent (50%) or more of the partnership, any assignment(s) of fifty percent (50%) or more (cumulatively) of any interest in the capital or profits of the partnership or the dissolution of the partnership shall be deemed a Transfer of this Lease. Subject to Article 13h., if Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee, any sale or transfer (or cumulative sales or transfers) of fifty percent (50%) or more of the capital stock of Lessee in one (1) year or of more than fifty percent (50%) of the value of all or substantially all of the assets of Lessee shall be deemed a Transfer of this Lease. This Article 13g. shall not apply to corporations the capital stock of which is publicly traded.
Appears in 2 contracts
Samples: Lease Agreement (Asante Solutions, Inc.), Lease Agreement (Asante Solutions, Inc.)
Corporations and Partnerships. Subject to Article 13h., if If Lessee is a partnership, a ----------------------------- withdrawal or substitution (whether voluntary, involuntary involuntary, or by operation of law and whether occurring at one time or over a period of time) of any partner(s) owning fifty twenty-five percent (5025%) or more of the partnership, any assignment(s) of fifty twenty-five percent (5025%) or more (cumulatively) of any interest in the capital or profits of the partnership partnership, or the dissolution of the partnership shall be deemed a Transfer of this Lease. Subject to Article 13h., if If Lessee is a corporation, any dissolution, merger, consolidation or other reorganization of Lessee, any sale or transfer (or cumulative sales or transfers) of fifty percent (50%) or more of the capital stock of Lessee in one excess of twenty-five percent (125%) year or any sale (or cumulative sales) of more than fifty percent (50%) of the value of all or substantially all of the assets of Lessee shall be deemed a Transfer of this Lease. This Article 13g. subsection 13.g. shall not apply to corporations the capital stock of which is publicly traded.
Appears in 2 contracts
Samples: Sublease and Agreement (Inktomi Corp), Office Lease (Inktomi Corp)
Corporations and Partnerships. Subject to Article 13h., if If Lessee is a partnership, a withdrawal or substitution (whether voluntary, involuntary involuntary, or by operation of law and whether occurring at one time or over a period of time) of any partner(s) owning fifty percent (50%) or more of the partnership, any assignment(s) of fifty percent (50%) or more (cumulatively) of any interest in the capital or profits of the partnership partnership, or the dissolution of the partnership shall be deemed a Transfer of this Lease. Subject to Article 13h., if If Lessee is a corporation, limited liability company or other entity, any dissolution, merger, consolidation or other reorganization of Lessee, any sale or transfer (or cumulative sales or transfers) of the capital stock of or equity interests in Lessee in excess of fifty percent (50%) or more of the capital stock of Lessee in one any sale (1or cumulative sales) year or of more than fifty percent (50%) of the value of all or substantially all of the assets of Lessee shall be deemed a Transfer of this Lease. This Article 13g. subsection 13.h. shall not apply to corporations the capital stock of which is publicly tradedtraded on any national exchange.
Appears in 1 contract
Samples: Office Lease (SourceForge, Inc)
Corporations and Partnerships. Subject to Article 13h., if If Lessee is a partnership, a withdrawal or substitution (whether voluntary, involuntary involuntary, or by operation of law and whether occurring at one time or over a period of time) of any partner(s) owning fifty twenty-five percent (5025%) or more of the partnership, any assignment(s) of fifty twenty-five percent (5025%) or more (cumulatively) of any interest in the capital or profits of the partnership partnership, or the dissolution of the partnership shall be deemed a Transfer of this Lease. Subject to Article 13h., if If Lessee is a corporation, limited liability company or other entity, any dissolution, merger, consolidation or other reorganization of Lessee, any sale or transfer (or cumulative sales or transfers) of fifty percent (50%) or more of the capital stock of or equity interests in Lessee in one excess of twenty-five percent (125%) year or any sale (or cumulative sales) of more than fifty percent (50%) of the value of all or substantially all of the assets of Lessee shall be deemed a Transfer of this Lease. This Article 13g. subsection 13.h. shall not apply to corporations the capital stock of which is publicly traded.
Appears in 1 contract
Samples: Office Lease (Borland Software Corp)
Corporations and Partnerships. Subject to Article 13h., if If Lessee is a partnership, a withdrawal or substitution (whether voluntary, involuntary involuntary, or by operation of law and whether occurring at one time or over a period of time) of any partner(s) owning fifty twenty-five percent (5025%) or more of the partnership, any assignment(s) of fifty twenty-five percent (5025%) or more (cumulatively) of any interest in the capital or profits of the partnership partnership, or the dissolution of the partnership shall be deemed a Transfer of this Lease. Subject to Article 13h., if If Lessee is a corporation, limited liability company or other entity, any dissolution, merger, consolidation or other reorganization of Lessee, any sale or transfer (or cumulative sales or transfers) of fifty percent (50%) or more of the capital stock of or equity interests in Lessee in one excess of twenty-five percent (125%) year or any sale (or cumulative sales) of more than fifty percent (50%) of the value of all or substantially all of the assets of Lessee shall be deemed a Transfer of this Lease. This Article 13g. subsection 13.h. shall not apply to corporations the capital stock of which is publicly tradedtraded or to any Permitted Transfer.
Appears in 1 contract
Samples: Office Lease (Pure Storage, Inc.)