Request for Assignment. If the Lessee requests that the Council consent to any assignment, transfer or parting with possession of the Premises (or any part of it), the Lessee must immediately on receipt of a request to do so from the Council: 9.2.1 pay all arrears of Rent any other moneys outstanding under this Lease and remedy all outstanding breaches and defaults and pay to the Council or its solicitors or agents such sum of money as is reasonably estimated by the Council as being required to remedy such breaches or defaults; 9.2.2 submit a true copy of all agreements to be entered into in respect of any proposed dealing with the Lease or the Premises including a true copy of any business sale agreement entered into by the Lessee as vendor, if applicable, and evidence satisfactory to the Council that the proposed transferee or assignee is respectable, responsible, solvent and suitable and any other information reasonably required by the Council about the financial standing and business experience of the proposed transferee or assignee; 9.2.3 if the proposed assignee or transferee is a trustee of a trust to submit a copy of the instrument under which such trust was constituted and the full names addresses and occupations of the beneficiaries of such trust; 9.2.4 procure the proposed assignee or transferee to submit to the Council a business plan setting out the proposed assignee's plans, intentions and projections concerning the business conducted at the Premises (and containing such details and particulars as are reasonably required by the Council); and 9.2.5 pay to the Council or its solicitors the reasonable costs and expenses of and incidental to any inspection of the Premises and enquiries concerning the proposed dealing or the persons concerned in such dealing and of the perusal, preparation, negotiation and stamping of the documents deemed necessary by the Council; and if such consent is given, the Lessee shall ensure that prior to the date of any assignment or transfer the person to whom it is proposed to assign or transfer enters into a direct covenant with the Council to observe the terms of this Lease and furnishes such guarantees of the performance of such person's obligations under this Lease as the Council may reasonably require.
Appears in 1 contract
Sources: Ground Lease
Request for Assignment. If the Lessee requests that the Council consent to any assignment, transfer or parting with possession of the Premises (or any part of it), it the Lessee must immediately on receipt of a request to do so from the Council:
9.2.1 pay all arrears of Rent any other moneys outstanding under this Lease and remedy all outstanding breaches and defaults and pay to the Council or its solicitors or agents such sum of money as is reasonably estimated by the Council as being required to remedy such breaches or defaults;
9.2.2 submit a true copy of all agreements to be entered into in respect of any proposed dealing with the Lease or the Premises including a true copy of any business sale agreement entered into by the Lessee as vendor, if applicable, and evidence satisfactory to the Council that the proposed transferee or assignee is respectable, responsible, respectable responsible solvent and suitable and any other information reasonably required by the Council about the financial standing and business experience of the proposed transferee or assignee;
9.2.3 if the proposed assignee or transferee is a trustee of a trust to submit a copy of the instrument under which such trust was constituted and the full names addresses and occupations of the beneficiaries of such trust;
9.2.4 procure the proposed assignee or transferee to submit to the Council a business plan setting out the proposed assignee's plans, intentions and projections concerning the business conducted at the Premises (and containing such details and particulars as are reasonably required by the Council); and
9.2.5 pay to the Council or its solicitors the reasonable costs and expenses of and incidental to any inspection of the Premises and enquiries concerning the proposed dealing or the persons concerned in such dealing and of the perusal, preparation, negotiation and stamping of the documents deemed necessary by the Council; and if such consent is given, given the Lessee shall ensure that prior to the date of any assignment or transfer the person to whom it is proposed to assign or transfer enters into a direct covenant with the Council to observe the terms of this Lease and furnishes such guarantees of the performance of such person's obligations under this Lease as the Council may reasonably require.
Appears in 1 contract
Sources: Lease Agreement
Request for Assignment. If the Lessee requests that the Council consent Except in connection with an assignment to any assignmenta Permitted Assignee, transfer or parting with possession of the Premises Licensee shall give Port at least one hundred twenty (or any part of it), the Lessee must immediately on receipt of a request to do so from the Council:
9.2.1 pay all arrears of Rent any other moneys outstanding under this Lease and remedy all outstanding breaches and defaults and pay to the Council or its solicitors or agents such sum of money as is reasonably estimated by the Council as being required to remedy such breaches or defaults;
9.2.2 submit a true copy of all agreements to be entered into in respect 120) days prior written notice of any proposed dealing desired assignment (herein "Notice of Request to Assign") and shall provide Port with the Lease or following information in writing: (a) the Premises including a true copy of any business sale agreement entered into by the Lessee as vendorname, if applicableaddress, legal composition and evidence satisfactory to the Council that the proposed transferee or assignee is respectable, responsible, solvent and suitable and any other information reasonably required by the Council about the financial standing and business experience ownership of the proposed transferee assignee, (b) the current balance sheet and profit and loss statements (herein "financial statements") for the proposed assignee and for any other entity or assignee;
9.2.3 if person who is to be liable for Licensee's obligations under this License, such financial statements to be certified in writing to be true and correct and to be prepared in accordance with generally accepted accounting principles and to cover a period of three years prior to the proposed effective date of the assignment (or for such shorter period as the proposed assignee or transferee is other person may have been in existence), (c) a trustee of a trust to submit a copy full description of the instrument under which such trust was constituted terms and the full names addresses and occupations conditions of the beneficiaries proposed assignment, including copies of such trust;
9.2.4 procure any and all proposed assignment agreements or other documents and instruments concerning the proposed assignment, (d) a Pre-screening and Leasing Application, or other similar document, completed by the proposed assignee and delivered to Port, and (e) any other information, documentation or transferee evidence as may be requested by Port, all in sufficient detail to submit enable Port to evaluate the proposed assignment and the prospective assignee. Licensee's Notice of Request to Assign shall not be deemed to have been served or given until such time as Licensee has provided Port with all information set forth hereinabove. Licensee shall immediately notify Port of any modifications to the Council a business plan setting out proposed terms of the proposed assignee's plans, intentions and projections concerning the business conducted at the Premises (and containing such details and particulars as are reasonably required by the Council); and
9.2.5 pay assignment. If Port consents to the Council or its solicitors Assignment, Licensee must close the reasonable costs and expenses Assignment on the terms stated in the Notice of and incidental Request to Assign within one hundred twenty (120) days after Port notifies Licensee of Port's consent. If the assignment agreement does not close within the 120- day period, then Port's consent will expire, unless Licensee gives Port a new Notice of Request to Assign, in which case Port again will be entitled to exercise any inspection of the Premises and enquiries concerning the proposed dealing or the persons concerned in such dealing and of the perusal, preparation, negotiation and stamping of the documents deemed necessary by the Council; and if such consent is given, the Lessee shall ensure that prior to the date of any assignment or transfer the person to whom it is proposed to assign or transfer enters into a direct covenant with the Council to observe the terms of this Lease and furnishes such guarantees of the performance of such person's obligations options under this Lease as the Council may reasonably requireSection.
Appears in 1 contract