Common use of Exempt Sublets Clause in Contracts

Exempt Sublets. Notwithstanding the above, Lessor's prior written -------------- consent shall not be required for an assignment of this Lease or the sublet of the Premises to an entity which controls, is controlled by or under common control with, Lessee, or a corporation into which Lessee merges or consolidates, provided that (i) Lessee gives Lessor prior written notice of the name any such assignee, (ii) at the time of such assignment, the assignee has net worth that is equal to or greater than the net worth of Lessee immediately prior to such assignment; and (iii) the assignee assumes, in writing, for the benefit of Lessor, all of Lessee's obligations under the Lease. An assignment or other transfer of this Lease to a purchaser of all or substantially all of the assets of Lessee shall be deemed a Sublet requiring Lessor's prior written consent. Lessor's right to excess subrent shall not apply to a sublet described in this Section F. In addition, the sale of Lessee's shares over a public exchange shall not be deemed a sublet requiring Lessor's consent.

Appears in 2 contracts

Sources: Lease (Oratec Interventions Inc), Lease (Oratec Interventions Inc)