Lessee Assignment. Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation by transfer of a majority interest of stock, merger or dissolution, which transfer of majority interest of stock, merger or dissolution shall be deemed an assignment or mortgage or pledge the same, or sublet the leased premises, in whole or in part, without the prior written consent of Lessor, which consent shall not be unreasonably withheld, and in no event shall any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. No assignee or sublessee of the leased premises or any portion thereof may assign or sublet the leased premises or any portion thereof.
Lessee Assignment. Lessee may not assign this Lease without Lessor’s prior written consent, such consent shall not be unreasonably withheld. In the event Lessor consents to such assignment, the assignee must assume all of Lessee’s liabilities hereunder. Notwithstanding the above, this Lease may be assigned or transferred without Lessor’s consent: (i) by will or intestate succession provided that Lessor receives written notice of such transfer, along with customary documents of transfer of a leasehold in form satisfactory to Lessor, as soon as is reasonably practical; or (ii) in the exercise of any first lien mortgagee rights of foreclosure as contemplated under Article XIII below.
Lessee Assignment. Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation by transfer of a majority interest of stock, merger, or dissolution, which transfer of majority interest of stock, merger or dissolution shall be deemed an assignment) or mortgage or pledge the same or sublet the leased premises, in whole or in part, without the prior written consent of Lessor, and in no event shall any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. No assignee or sublessee of the leased premises or any portion thereof may assign or sublet the leased premises or any portion thereof.
Lessee Assignment. Lessee shall not assign nor in any manner transfer this Lease or any interest therein, nor sublet the Premises or any part or parts thereof, nor permit occupancy by anyone other than Lessee, without the prior written consent and authority of the Lessor, which consent may be granted or withheld at the sole a subjective discretion of Lessor. Any attempt by Lessee to sublease the Boat Slip or to permit any individual other than Lessee to utilize the slip, without the prior written consent of the Lessor, shall cause this lease to become null and void and of no further force and effect and any further occupancy of the slip by the Lessee during the lease term shall be prohibited.
Lessee Assignment. Except for an assignment to an Affiliate (defined below), Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation, if Lessee’s voting securities are not traded on any national securities exchange, by transfer of more than a twenty five percent (25%) interest in Lessee in a single transaction or in a series of transactions, which transfer will be deemed an assignment) or mortgage or pledge the same or sublet the Leased Premises, in whole or in part, without the prior written consent of Lessor which consent may, in Lessor’s reasonable discretion, be withheld, and in no event will any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. No assignee or sublessee of the Leased Premises or any portion thereof may assign or sublet the Leased Premises or any portion thereof. Notwithstanding the foregoing to the contrary, an Affiliate which is an assignee, may assign this Lease to another Affiliate of Lessee. As used in this Lease, an “Affiliate” means any subsidiary or parent of Lessee, any other entity that is a subsidiary of Lessee’s parent, and any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets or stock of Lessee.
Lessee Assignment. Except for an assignment to an affiliate and except in the case of a merger or consolidation by Lessee with or into another entity, Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, or mortgage or pledge the same or sublet the Leased Premises, in whole or in part, without the prior written consent of Lessor which consent may not be unreasonably withheld, and in no event will any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder unless consented to by Lessor. No assignee or sublessee of the Leased Premises or any portion thereof may assign or sublet the Leased Premises or any portion thereof.
Lessee Assignment. It has not consented to any assignment by the Lessee of its rights under the Lease except as required pursuant to the Existing Financing Documents or, so far as it is aware, to any transfer of possession of the Aircraft, except as permitted by the terms of the Lease.
Lessee Assignment. Lessee may not assign this Lease without Lessor’s prior written consent, such consent not to be unreasonably withheld. In the event Lessor consents to such assignment, the assignee must assume all liabilities hereunder. Additionally, the assignee shall pay to Lessor any and all unpaid sums due and owing by Lessee to Lessor in accordance with this Lease as of the date of assignment.
Lessee Assignment. Subject to the provisions of Section 16 (relating to financing), Lessee shall not transfer or assign (collectively, an “Assignment”') this Lease or any interest therein, without prior written consent of Xxxxxx. Notwithstanding the prior sentence, without Lessor’s consent, Lessee may (i) make an Assignment to an affiliate of Lessee or Guarantor (provided that such Assignment shall not release Lessee or Guarantor from its obligations hereunder) or (ii) make an Assignment to a successor in the operation of the assignor’s or transferor’s assets and/or business by reason of a reorganization, merger, consolidation, sale or foreclosure, where substantially all of such assignor’s or transferor’s assets are acquired by such successor; provided, however, that in the case of an Assignment described in clause (ii) the assignee or transferee meets all of the Conditions (as defined below). Lessor’s consent to any other Assignment shall not be unreasonably withheld if Lessor has been provided with reasonable evidence that the proposed assignee: (x) has comparable experience to that of the initial named Lessee in operating and maintaining photovoltaic solar systems comparable to the Solar Facility; and (y) has comparable financial capability to that of the initial named Lessee and Guarantor (the requirements of (x) and (y) are, collectively, the “Conditions”). Any Assignment in violation of this Article 15 will be null and void.
Lessee Assignment. Notwithstanding anything to the contrary contained in this Lease, Lessee shall not without Lessor's advance written consent (which consent shall not be unreasonably withheld) (i) sublet, assign or enter into a management arrangement for the Property on any basis such that the rental or other amounts to be paid by the subtenant, assignee or manager thereunder would be based, in whole or in part, on either (x) the income or profits derived by the business activities of the subtenant, assignee or manager or (y) any other formula such that any portion of any amount received by Lessor may fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto; (ii) sublet, assign or enter into a management arrangement for the Property to any Person (other than a "taxable REIT subsidiary" (within the meaning of Section 856(l) of the Code) of Lessor) in which Lessor owns an interest, directly or indirectly (by applying constructive ownership rules set forth in Section 856(d)(5) of the Code); or (iii) sublet, assign or enter into a management arrangement for the Property in any other manner which could cause any portion of the amounts received by Lessor pursuant to this Lease or any sublease to fail to qualify as "rents from real property" within the meaning of Section 856(d) of the Code, or any similar or successor provision thereto, or which could cause any other income of Lessor to fail to qualify as income described in Section 856(c)(2) of the Code. The requirements of this Section 17.02 shall likewise apply to any further subleasing by any sublessee.
