Common use of Excess Rent Clause in Contracts

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, and Electrical Cost per rentable square foot, said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's reasonable brokerage (excluding commissions paid to brokers who are Tenant's affiliates), legal and other expenses ("Tenant's Costs") incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share of such Tenant's Costs as determined by dividing such Tenant's Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's prior written consent to any proposed sublease.

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease (excluding a Permitted Transfer) at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, Rent and Electrical Cost Adjustments per rentable square foot, fifty percent (50%) of said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's ’s reasonable brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("“Tenant's ’s Costs"”) incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share of such Tenant's ’s Costs as determined by dividing such Tenant's ’s Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed subleasesublease to the extent required herein.

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional considerationconsideration paid for such sublet or assignment) in excess of the then current Monthly Base Rent, Expense Adjustment, and Electrical Cost Rent per rentable square foot, fifty percent (50%) of said excess Rent (or additional considerationconsideration paid for such sublet or assignment) paid or payable for or under such sublease or assignment (but not for the sale of the business or any amount up to the fair market value of any fixtures or equipment leased or sold in connection therewith) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the after first deducting Tenant's ’s reasonable brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("“Tenant's ’s Costs"”) incurred in connection with such assignment oror sublease (based on bills, in the case of a sublease, less the monthly pro rata share receipts or other evidence of such Tenant's Costs as determined by dividing such Tenant's Costs by the number of months in the term of such subleasecosts). If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed sublease.

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, Rent and Electrical Cost Adjustments per rentable square foot, said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's ’s reasonable brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("“Tenant's ’s Costs"”) incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share of such Tenant's ’s Costs as determined by dividing such Tenant's ’s Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed sublease.

Excess Rent. If Tenant individually, or as debtor or debtor in ----------- possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, Rent and Electrical Cost Adjustments per rentable square foot, fifty percent (50%) of said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's reasonable brokerage (excluding commissions paid to brokers who are Tenant's affiliates), legal and other expenses ("Tenant's Costs") incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share of such Tenant's Costs as determined by dividing such Tenant's Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's prior written consent to any proposed sublease.

Excess Rent. This Subsection (D) shall not apply to Permitted Transfers. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the Rent then current Monthly Base Rentpayable (on a per square foot basis) by Tenant to Landlord hereunder, Expense Adjustment, and Electrical Cost per rentable square foot, said fifty percent (50%) of the excess Rent rent (or additional consideration) shall be and become the property of Landlord of, and shall be paid to to, Landlord as it is received by Tenant, less the Tenant's reasonable Tenant only after Tenant has been fully reimbursed for all brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("Tenant's Costs") expenses, including advertising, remodeling, alterations and concession costs incurred in connection with such assignment or, or sublease (Landlord shall have no interest in the case of a sublease, less the monthly pro rata share of or to excess rentals or consideration before such Tenant's Costs as determined by dividing such Tenant's Costs by the number of months in the term of such subleasereceipt and reimbursement). If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed sublease.

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, Rent and Electrical Cost Adjustments per rentable square foot, fifty percent (50%) of said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's ’s reasonable brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("“Tenant's ’s Costs"”) incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share Proportionate Share of such Tenant's ’s Costs as determined by dividing such Tenant's ’s Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed sublease.

Excess Rent. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent, Expense Adjustment, Rent and Electrical Cost Adjustments per rentable square foot, fifty percent (50%) of said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant, less the Tenant's ’s reasonable brokerage (excluding commissions paid to brokers who are Tenant's ’s affiliates), legal and other expenses ("“Tenant's ’s Costs"”) incurred in connection with such assignment or, in the case of a sublease, less the monthly pro rata share of such Tenant's ’s Costs as determined by dividing such Tenant's ’s Costs by the number of months in the term of such sublease. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, partners, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 20.02 shall be construed to relieve Tenant from the obligation to obtain Landlord's ’s prior written consent to any proposed sublease.