Definition of Transfer Premium. If Landlord consents to a Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord fifty percent (50%) of the amount of any "Transfer Premium," as that term is defined in this Section 14.6, received by Tenant from such Transferee. "TRANSFER PREMIUM" shall mean all rent, additional rent or other consideration payable by such Transferee in excess of the Rent and Additional Rent payable by Tenant under this Lease on a per rentable square foot basis if less than all of the Premises is transferred, after deducting the reasonable expenses incurred by Tenant for (i) any changes, alterations and improvements to the Premises in connection with the Transfer, (ii) any brokerage commissions in connection with the Transfer, (iii) any cost to buy-out or takeover the previous lease of a Transferee, (iv) reasonable legal fees incurred in connection with the Transfer including those fees and costs reimbursed to Landlord pursuant to Section 14.1 above, (v) the amount of any Rent paid by Tenant to Landlord with respect to the Subject Space during the period commencing on the later of (a) the date Tenant contracts with a reputable broker to market the Subject Space and (b) the date Tenant vacates the Subject Space, until the commencement of the term of the Transfer, and (vi) any other out-of-pocket monetary concessions reasonably provided in connection with the Transfer including, but not limited to, tenant improvement or decorating allowances (collectively, the "SUBLEASING COSTS"). "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by Transferee to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to Transferee or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. Notwithstanding the foregoing, Tenant may convey, in connection with the Transfer, but pursuant to a separate legally binding agreement, at a cost not to exceed fair market value, Tenant Improvements installed by or for the benefit of Tenant to the extent paid for by Tenant (and not by any allowance provided by Landlord) and Tenant shall be entitled to retain any and all consideration received in connection with such conveyance (not in excess of fair market value), provided that such conveyance shall be subject to Landlord's rights to such Tenant Improvements upon the expiration or earlier termination of this Lease as provided in this Lease.
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Definition of Transfer Premium. If Subject to the terms of this ------------------------------ Article 14, if Landlord consents to a Consent Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord fifty percent (50%) of the amount one half of any "Transfer Premium," as that term is defined in this Section 14.614.3, received by Tenant from such Transferee. "TRANSFER PREMIUMTransfer Premium" shall mean all rent, additional rent or other consideration payable by such Transferee in connection with the Transfer in excess of the Rent and Additional Rent payable by Tenant under this Lease during the term of the Transfer on a per rentable square foot basis if less than all of the Premises is transferredtransferred (unless all or a portion of the Subject Space is subject to different Rent and Additional Rent terms, in which case, to the extent applicable, such different terms shall be applicable), after deducting the reasonable actual, out-of-pocket expenses incurred or to be incurred by Tenant for the following (collectively, the "Subleasing Costs") (i) any changes, alterations and improvements to the Premises in connection with the Transfer, (ii) any space planning, architectural or design fees or expenses incurred in marketing such space or in connection with such Transfer, (iii) any improvement allowance or other monetary concessions provided to the Transferee, (iv) any brokerage commissions incurred by Tenant in connection with the Transfer, (iiiv) any cost to buy-out or takeover the previous lease of a Transferee, (iv) reasonable legal fees incurred in connection with the Transfer Transfer, including those fees and costs reimbursed to Landlord pursuant to the last sentence of Section 14.1 above14.1, (vvi) any lease takeover costs incurred by Tenant in connection with the Transfer, (vii) out-of-pocket costs of advertising the space which is the subject of the Transfer, and (viii) the amount of any Base Rent and Additional Rent paid by Tenant to Landlord with respect to the Subject Space during the period period, not to exceed four (4) months, commencing on the later of (a) the earlier of the date Tenant contracts with a reputable broker to market the Subject Space and or commences negotiations with the Transferee as evidenced by an exchange of proposals, or (b) the date Tenant vacates the Subject Space, until the commencement of the term of the Transfer, and (vi) any other out-of-pocket monetary concessions reasonably provided in connection with the Transfer including, but not limited to, tenant improvement or decorating allowances (collectively, the "SUBLEASING COSTS"). "Transfer Premium" shall also include, but not be limited to, key money and money, bonus money or other cash consideration paid by Transferee to Tenant in connection with such Transfer, and but shall exclude any payment which is not in excess of fair market value for (i) services rendered by Tenant to Transferee or (ii) for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. Notwithstanding the foregoing, Tenant may convey, in connection with the Transfer, but pursuant to a separate legally binding agreement, at a cost not to exceed fair market value, Tenant Improvements installed by or for the benefit of Tenant to the extent paid for by Tenant (and not by any allowance provided by Landlord) and Tenant shall be entitled to retain any and all consideration received in connection with such conveyance (not in excess of fair market value), provided that such conveyance shall be subject to Landlord's rights to such Tenant Improvements upon the expiration or earlier termination of this Lease as provided in this Lease.
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Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)
Definition of Transfer Premium. If Landlord consents to a Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord fifty percent (50%) of the amount of any "“Transfer Premium," ” as that term is defined in this Section 14.614.3, actually received by Tenant from such Transferee. "TRANSFER PREMIUM" “Transfer Premium” shall mean all rent, additional rent or other consideration payable (in lieu of or in addition to rent) by such Transferee in excess of the Rent and Additional Rent payable by Tenant under this Lease (plus the unamortized liability of Tenant for abated Rent under Section 3.2), on a per rentable square foot basis if less than all of the Premises is transferred, after deducting the reasonable expenses incurred by Tenant for (i) the unamortized amount (amortized over the useful life of the initial Tenant Improvement or subsequent Alteration) of the then-current net book value of any: (a) initial Tenant Improvements paid for by Tenant as an Additional Cost, and (b) subsequent Alterations made and paid for solely by Xxxxxx in the Premises (and without the benefit of any allowance or other contribution by Landlord), including, but not limited to, any changes, alterations and improvements to the Premises in connection with the Transfer, as such book-value is shown on Tenant’s records and calculated in accordance with Generally Accepted Accounting Principles consistently applied, (ii) any market concessions, such as free rent, relocation allowance, etc., granted by Tenant as consistent with sublease concessions granted by tenants in Comparable Projects, (iii) any brokerage commissions in connection with the Transfer, (iii) any cost to buy-out or takeover the previous lease of a Transferee, and (iv) reasonable legal attorneys’ fees incurred by Tenant in connection with the Transfer including those fees and costs reimbursed to Landlord pursuant to Section 14.1 above, (v) the amount of any Rent paid by Tenant to Landlord with respect to the Subject Space during the period commencing on the later of (a) the date Tenant contracts with a reputable broker to market the Subject Space and (b) the date Tenant vacates the Subject Space, until the commencement of the term of the Transfer, and (vi) any other out-of-pocket monetary concessions reasonably provided in connection with the Transfer including, but not limited to, tenant improvement or decorating allowances (collectively, the "SUBLEASING COSTS"“Subleasing Costs”). "“Transfer Premium" ” shall also include, but not be limited to, key money and bonus money paid by Transferee to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to Transferee or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. Notwithstanding If part of the foregoing, Tenant may convey, in connection with the Transfer, but pursuant to a separate legally binding agreement, at a cost not to exceed fair market value, Tenant Improvements installed by or for the benefit of Tenant to the extent paid for by Tenant (and not by any allowance provided by Landlord) and Tenant Transfer Premium shall be entitled to retain any and all payable by the Transferee other than in cash, Landlord’s share of such non-cash consideration received in connection with such conveyance (not in excess of fair market value), provided that such conveyance shall be subject in such form as is reasonably satisfactory to Landlord's rights to such Tenant Improvements upon the expiration or earlier termination of this Lease as provided in this Lease.
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Samples: Subordination Agreement (GenMark Diagnostics, Inc.)
Definition of Transfer Premium. If Landlord consents to a ------------------------------- Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord fifty percent (50%) of the amount of any "Transfer Premium," as that term is defined in this Section 14.6SECTION 11.3, received by Tenant from such ------------- Transferee. "TRANSFER PREMIUMTransfer Premium" shall mean all rent, additional rent or other consideration payable by such Transferee in connection with the Transfer in excess of the Rent and Additional Rent payable by Tenant under this Lease during the term of the Transfer (on a per rentable square foot basis if less than all of the Premises is transferred), after deducting the reasonable expenses incurred by Tenant for (i) any changes, alterations and improvements to the Premises in connection with the Transfer, (ii) any brokerage commissions in connection with the Transfer, (iii) any cost costs to buy-out or takeover take over the previous lease of a Transferee, (iv) reasonable legal fees incurred in connection with the Transfer including those fees and costs reimbursed to Landlord pursuant to Section 14.1 aboveTransfer, (v) the amount of any Base Rent and Additional Rent paid by Tenant to Landlord with respect to the Subject Space during the period commencing on the later of (a) the date Tenant contracts has contracted with a reputable broker to market the Subject Space Space, and (b) the date Tenant vacates gives Landlord notice that Tenant has vacated the Subject Space, until the commencement of the term of the Transfer, and (vi) any other "out-of-pocket pocket" monetary concessions reasonably provided in connection with the Transfer including, but not limited to, tenant improvement or decorating allowances (collectively, the "SUBLEASING TRANSFER COSTS"). "Transfer Premium" shall also include, but not be limited to, key money and money, bonus money or other cash consideration paid by Transferee to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to Transferee or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. Notwithstanding If part of the foregoing, Tenant may convey, in connection with the Transfer, but pursuant to a separate legally binding agreement, at a cost not to exceed fair market value, Tenant Improvements installed by or for the benefit of Tenant to the extent paid for by Tenant (and not by any allowance provided by Landlord) and Tenant Transfer Premium shall be entitled to retain any and all payable by the Transferee other than in cash, Landlord's share of such non-cash consideration received in connection with such conveyance (not in excess of fair market value), provided that such conveyance shall be subject in such form as is reasonably satisfactory to Landlord's rights to such Tenant Improvements upon the expiration or earlier termination of this Lease as provided in this Lease.
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Definition of Transfer Premium. If Subject to the terms of this ------------------------------ Article 14, if Landlord consents to a Consent Transfer, as a condition thereto which the parties hereby agree is reasonable, Tenant shall pay to Landlord fifty percent (50%) of the amount of any "Transfer Premium," as that term is defined in this Section 14.614.3, received by Tenant from such Transferee. "TRANSFER PREMIUMTransfer Premium" shall mean all rent, additional rent or other consideration payable by such Transferee in connection with the Transfer in excess of the Rent and Additional Rent payable by Tenant under this Lease during the term of the Transfer on a per rentable square foot basis if less than all of the Premises is transferredtransferred (unless all or a portion of the Subject Space is subject to different Rent and Additional Rent terms, in which case, to the extent applicable, such different terms shall be applicable), after deducting the reasonable actual, out-of-pocket expenses incurred or to be incurred by Tenant for the following (collectively, the "Subleasing Costs") (i) any changes, alterations and improvements to the Premises in connection with the Transfer, (ii) any space planning, architectural or design fees or expenses incurred in marketing such space or in connection with such Transfer, (iii) any improvement allowance or other monetary concessions provided to the Transferee, (iv) any brokerage commissions incurred by Tenant in connection with the Transfer, (iiiv) any cost to buy-out or takeover the previous lease of a Transferee, (iv) reasonable legal fees incurred in connection with the Transfer Transfer, including those fees and costs reimbursed to Landlord pursuant to the last sentence of Section 14.1 above14.1, (vvi) any lease takeover costs incurred by Tenant in connection with the Transfer, (vii) out-of-pocket costs of advertising the space which is the subject of the Transfer, and (viii) the amount of any Base Rent and Additional Rent paid by Tenant to Landlord with respect to the Subject Space during the period period, not to exceed four (4) months, commencing on the later of (a) the earlier of the date Tenant contracts with a reputable broker to market the Subject Space and or commences negotiations with the Transferee as evidenced by an exchange of proposals, or (b) the date Tenant vacates the Subject Space, until the commencement of the term of the Transfer, and (vi) any other out-of-pocket monetary concessions reasonably provided in connection with the Transfer including, but not limited to, tenant improvement or decorating allowances (collectively, the "SUBLEASING COSTS"). "Transfer Premium" shall also include, but not be limited to, key money and money, bonus money or other cash consideration paid by Transferee to Tenant in connection with such Transfer, and but shall exclude any payment which is not in excess of fair market value for (i) services rendered by Tenant to Transferee or (ii) for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to Transferee in connection with such Transfer. Notwithstanding the foregoing, Tenant may convey, in connection with the Transfer, but pursuant to a separate legally binding agreement, at a cost not to exceed fair market value, Tenant Improvements installed by or for the benefit of Tenant to the extent paid for by Tenant (and not by any allowance provided by Landlord) and Tenant shall be entitled to retain any and all consideration received in connection with such conveyance (not in excess of fair market value), provided that such conveyance shall be subject to Landlord's rights to such Tenant Improvements upon the expiration or earlier termination of this Lease as provided in this Lease.
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