Common use of Landlord’s Recapture Right Clause in Contracts

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed Transfer, Landlord shall have the right, to be exercised in writing within thirty (30) days after receipt of a Transfer Notice, (1) to terminate this Lease (in the event of a proposed assignment), or (2) to recapture that portion of the Premises to be subleased (in the event of a proposed sublease comprising fifty percent (50%) or more of the Premises). If Landlord elects to terminate this Lease, this Lease shall terminate as of the date (the “Recapture Date”) which is the proposed effective date of such Transfer, as if such date were the last day of the Term of this Lease. If Landlord elects to terminate only that portion of the Premises to be subleased, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Base Rent and Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein to the contrary, in addition to withholding or granting consent with respect to any proposed Transfer, other than to a Permitted Transferee, Landlord shall have the right, to be exercised in writing within thirty (30) days after receipt of a Transfer Notice, (1) to terminate this Lease (in the event of a proposed assignment), ) or (2) to recapture that portion of the Premises to be subleased (in the event of a proposed sublease comprising fifty percent (50%) or more of the Premisessublease). If Landlord elects to terminate this LeaseIn the case of a proposed assignment, this Lease shall terminate as of the date (the “Recapture Date”) which is the later of (a) sixty (60) days after the date of Landlord’s election, and (b) the proposed effective date of such Transfer, as if such date were the last day of the Term of this Lease. If Landlord elects to terminate only that portion of exercises the Premises to be subleasedrights under this Section 6.5 in connection with a proposed sublease, this Lease shall be deemed amended to eliminate the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Base Basic Rent and Additional Rent Escalation Charges shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Date.

Landlord’s Recapture Right. Notwithstanding anything herein This Section 15.4 shall not apply to Permitted Transfers, to a sublease of less than the contraryentire Premises, in addition or to withholding or granting a sublease for less then substantially all of the remainder of the Term. Within ten (10) business days after Landlord's receipt of Tenant's submission of Tenant’s written request for Landlord’s consent with respect to any proposed a Transfer, Landlord shall have the rightoption (without limiting Landlord's other rights under this Lease) of terminating this Lease (or, as to be exercised in writing within thirty (30) days after receipt of a Transfer Noticesubletting or assignment, (1) to terminate this Lease (in as to the event of a proposed assignment), or (2) to recapture that portion of the Premises proposed to be subleased (in the event of a proposed sublease comprising fifty percent (50%sublet or assigned) or more of the Premises). If Landlord elects to terminate this Lease, this Lease shall terminate as of the date (the “Recapture Date”) which is the proposed Transfer was to be effective. Tenant may retract its Transfer request prior to the effective date of such Transfertermination, as if such date were the last day of the Term of this Leasein which event Landlord’s recapture shall not be effective. If Landlord elects terminates this Lease as to terminate only that portion of all the Premises to be subleasedPremises, then this Lease shall be deemed amended cease and Tenant shall pay to eliminate Landlord all Rent accrued through the proposed sublease premises from the Premises as of the Recapture Date, and thereafter all Base Rent and Additional Rent shall be appropriately prorated to reflect the reduction of the Premises as of the Recapture Datecancellation date.