Common use of Lessee Assignment Clause in Contracts

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, 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 not be unreasonably withheld, conditions or delayed, in Lessor’s sole 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. Lessee may assign, in whole or in part, this Lease to an affiliate without the prior written consent of Lessor; provided, however, such assignee must be of the same or better credit risk as Lessee and of the same or similar type of business as Lessee. It shall not be deemed an assignment in the event Lessee’s stock becomes publicly traded or Lessee’s business is sold. No assignee or sublessee of the Leased Premises or any portion thereof may assign or sublet the Leased Premises or any portion thereof.

Appears in 2 contracts

Samples: Lease Agreement (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

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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 not be unreasonably withheld, conditions or delayedmay, in Lessor’s sole 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. Lessee may assign, in whole or in part, this Lease to an affiliate without the prior written consent of Lessor; provided, however, such assignee must be of the same or better credit risk as Lessee and of the same or similar type of business as Lessee. It shall not be deemed an assignment in the event Lessee’s stock becomes publicly traded or Lessee’s business is sold. 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.

Appears in 2 contracts

Samples: Lease Agreement (Gevo, Inc.), Lease Agreement (Gevo, Inc.)

Lessee Assignment. Lessee shall not assign, in whole assign or in partany manner transfer this Lease or any estate or interest therein, 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 Premisesleased premises or any part thereof, in whole or in partgrant any license, concession, or other right of occupancy of any portion of the leased premises without the prior written consent of Lessor. Lessor which consent may shall not be unreasonably withheld, conditions withhold or delayed, in Lessor’s sole 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. Lessee may assign, in whole or in part, this Lease to an affiliate without the delay granting its prior written consent to an assignment of Lessorthis Lease or to a sublease proposed by Lessee; provided, however, such it is agreed that withholding of said consent by Lessor to a proposed assignment or sublease where the proposed assignee must or Sublessee has a financial net worth greater than or equal to that of Lessee's shall be of the same deemed unreasonable. Consent by Lessor to one or better credit risk as Lessee and of the same more assignments or similar type of business as Lessee. It sublettings shall not be deemed an assignment operate as a waiver of Lessor's rights as to any subsequent assignments and sublettings. Notwithstanding anything to the contrary contained herein, provided that any original guarantee or comparable guarantee is still in the event Lessee’s stock becomes publicly traded place or Lessee’s business is sold. No assignee has been waived or sublessee released by Lessor, Lessee may, without any further consent of the Leased Premises Lessor, at any time assign or otherwise tranfer this Lease or any portion thereof may assign to any parent, subsidiary, or sublet affiliate corporation or entity or to any corporation resulting from the Leased Premises consolidation or merger of Lessee into or with any portion thereof.other business organization, or to any person, firm, or corporation acquiring a majority of Lessee's issued and outstanding capital stock or a substantial part of the entirety of Lessee's physical assets (not just those located in the leased premises). As used herein, the expression "affiliate corporation or

Appears in 1 contract

Samples: Lease Terms (Techdyne Inc)

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, 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 Premisesleased premises, in whole or in part, without the prior written consent of Lessor (which consent may shall not be unreasonably withheld, conditions withheld or delayed, in Lessor’s sole discretion, be withheld, and in ). In no event will shall any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. Lessee may assign; moreover, in whole or in part, this Lease to an affiliate without the prior written consent of Lessor; provided, however, such assignee must be of the same or better credit risk as Lessee and of the same or similar type of business as Lessee. It shall not be deemed an assignment in the event Lessee’s stock becomes publicly traded or Lessee’s business is sold. No that Lessee shall receive any payments from an assignee or sublessee in excess of (i) the Leased Premises base rent and other payments required to be paid by Lessee pursuant to this Lease and (ii) any refurbishment, commissions or any portion thereof other expenses Lessee may incur in connection with such assignment or subletting, then Lessee shall promptly forward all such excess payments to Lessor. Notwithstanding the foregoing provisions of this Article 9.00 to the contrary, Lessee may from time to time, without Lessor's consent, assign this Lease or sublet the Leased Premises leased premises, or any portion thereof, to any parent or subsidiary of Lessee or the guarantor of this Lease or any subsidiary of a parent corporation of either Lessee or the guarantor of this Lease (hereinafter collectively referred to as a "Related Party"). Further, any sale or exchange of Lessee's stock on a nationally recognized exchange, any change in ownership of Lessee as a result of a merger, consolidation, reorganization or the exchange of stock between Lessee's parent company or a subsidiary of Lessee or of Lessee's parent company or the sale of all or substantially all of Lessee's stock or assets shall not be considered an assignment under this article 9.00 and Lessee shall have no obligation to obtain Lessor's consent in the event of any of such events.

Appears in 1 contract

Samples: Basic Lease Terms (Gulfstream Aerospace Corp)

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Lessee Assignment. 9.02.01 Lessee shall not assign, in whole or in part, assign this Lease, or allow it to be assigned, in whole or in part, assigned by operation of law or otherwise (including without limitation, if Lessee’s voting securities are not traded on any national securities exchange, limitation by transfer of more than a twenty five percent (25%) majority interest in Lessee in a single transaction of stock, merger, or in a series of transactionsdissolution, which transfer will of majority interest of stock, merger or dissolution shall be deemed an assignment) or mortgage or pledge the same same, or sublet the Leased Premisesleased premises, in whole or in part, without the prior written consent of Lessor which consent may not be unreasonably withheld, conditions or delayed, in Lessor’s sole 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. Lessee may assign, in whole or in part, this Lease to an affiliate without the prior written consent of Lessor; provided, however, such assignee must be of the same or better credit risk as Lessee and of the same or similar type of business as Lessee. It shall not be deemed an assignment in the event Lessee’s stock becomes publicly traded or Lessee’s business is sold. No assignee or sublessee of the Leased Premises leased premises or any portion thereof may assign or sublet the Leased Premises leased premises or any portion thereof. Notwithstanding anything contained in this Lease to the contrary, (i) Landlord shall not unreasonably withhold its consent to any assignment of this Lease or subletting of the entire leased premises, and (ii) Tenant may assign this Lease or sublet the leased premises, without Landlord's prior written consent, when such assignment or subletting is to a parent, subsidiary or other affiliate, or is in connection with a merger or consolidation or the sale of substantially all of the assets of Tenant to another corporation. In no event shall any assignment of this Lease or sublease of all or any portion of the leased premises ever release Lessee or any guarantor of this Lease from any obligation or liability hereunder.

Appears in 1 contract

Samples: Lease Agreement (Alliance Data Systems Corp)

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