Common use of TENANT ASSIGNMENT Clause in Contracts

TENANT ASSIGNMENT. (a) Tenant will not assign this Lease, in whole or in part, or sublease the Premises, in whole or in part, without the prior written consent of Landlord, which consent will not be unreasonably withheld, delayed, or conditioned, and in no event will Tenant be released from any obligation or liability under this Lease following any such assignment or sublease. No sublessee of the Premises or any portion thereof, may further assign or sublease its interest in the Premises or any portion thereof, without Landlord’s consent as provided above (if required). All reasonable legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested assignment or sublease pursuant to this Section (including, without limitation, the preparation and/or review of any documentation) will be paid by Tenant within thirty (30) days of invoice for payment thereof, as Additional Rent. Landlord shall either approve or disapprove of a proposed assignment or sublease requiring Landlord’s consent within ten (10) business days after receipt of Tenant’s written request for consent, together with sufficient written evidence of the financial condition and creditworthiness of such proposed assignee or sublessee. If Landlord fails to respond to Tenant’s initial written request, then Tenant shall provide Landlord a written reminder notice with respect thereto. If Landlord fails to respond within two (2) business days after receipt of such reminder notice (and provided that Tenant has provided to Landlord all information reasonably requested by Landlord in connection therewith), then Landlord’s consent shall be deemed to be granted.

TENANT ASSIGNMENT. (a) Tenant will not assign this Lease, in whole or in part, or sublease the Premises, in whole or in part, without the prior written consent of Landlord, which consent shall be in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Tenant may, without the consent of Landlord, assign this Lease or sublet all or any part of the Premises to any entity which controls, is controlled by, or is under common control with Tenant, provided that Tenant is in compliance with all current Lease obligations and prior written notice is provided to Landlord with not less than fifteen (15) calendar days’ notice. Any assignment of this Lease shall require that the assignee assume all obligations of Tenant and requires payment of Landlord’s administrative processing fee prior to such assignment becoming effective. Unless otherwise agreed to by Landlord and Tenant in writing, Tenant will not be unreasonably withheld, delayed, or conditioned, and in no event will Tenant be released from any obligation or liability under this Lease following any such assignment or sublease. No sublessee of If the Premises rent due and payable by any assignee or subtenant under any portion thereof, may further assign or sublease its interest in the Premises or any portion thereof, without Landlord’s consent as provided above (if required). All reasonable legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s requested permitted assignment or sublease pursuant exceeds the Rent payable under this Lease for such space, Tenant will pay to this Section Landlord fifty percent (including, without limitation, the preparation and/or review 50%) of any documentation) will be paid by Tenant within thirty (30) days of invoice for payment thereof, as Additional Rent. Landlord shall either approve or disapprove of a proposed assignment or sublease requiring Landlord’s consent such excess rent within ten (10) business days after following receipt of thereof by Tenant’s written request for consent, together . Tenant will provide the Landlord with sufficient written evidence a fully executed copy of the financial condition Sublease/Assignment and creditworthiness of such proposed assignee or sublessee. If Landlord fails will pay the then-current transfer/processing fee to respond to Tenant’s initial written request, then Tenant shall provide Landlord a written reminder notice with respect thereto. If Landlord fails to respond within two (2) business days after receipt of such reminder notice (and provided that Tenant has provided to Landlord all information reasonably requested by Landlord in connection therewith), then cover Landlord’s consent shall be deemed to be grantedcosts. ANY ASSIGNMENT OR SUBLETTING WITHOUT THE PRIOR WRITTEN CONSENT OF THE LANDLORD, IF REQUIRED, SHALL BE VOID AND, AT THE OPTION OF THE LANDLORD, LANDLORD MAY TERMINATE THIS LEASE.

TENANT ASSIGNMENT. (a) Tenant will not assign this Lease, in whole or in part, or sublease the Premises, in whole or in part, without the prior written consent of Landlord, which consent will not be unreasonably withheld, conditioned, or delayed, or conditionedsubject to Landlord's right of recapture set forth below, and in no event will Tenant be released from any obligation or liability under this Lease following any such assignment or sublease. Notwithstanding the foregoing to the contrary, Landlord may, in Landlord's sole and absolute discretion, approve or disapprove any proposed assignment or sublease by Tenant to an existing occupant of any space in the Park or an affiliate of any such occupant. No sublessee of the Premises or any portion thereof, may further assign or sublease its interest in the Premises or any portion thereof, without Landlord’s consent as provided above (if required). All reasonable legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s 's requested assignment or sublease pursuant to this Section (includingSection, without limitation, together with any reasonable legal fees and disbursements incurred in the preparation and/or review of any documentation) , will be paid by Tenant within thirty (30) 30 days of invoice for payment thereof, as Additional Rent. If the rent due and payable by any assignee or sublessee(s) under any permitted assignment or sublease(s) exceeds the Rent payable under this Lease for such space, Tenant will pay to Landlord 50% of such excess rent and other excess consideration (net of any reasonable brokerage fees or costs of improvements paid by Tenant in connection with such assignment or sublease(s) amortized over the term of the assignment or sublease(s)) within 10 days following receipt thereof by Tenant. Notwithstanding the foregoing, Tenant may assign this Lease to an Affiliate, as defined below, at any time without Landlord's consent. For purposes of this Section, an Affiliate shall be any entity that, at all times from and after the date of the assignment of this Lease, either approve (i) owns at least fifty one percent (51%) of the voting shares or disapprove interests of the original Tenant under this Lease; (ii) has at least fifty one percent (51%) of its voting shares or interests owned by an entity that owns at least fifty one percent (51%) of the voting shares or interests of the original Tenant under this Lease; (iii) has at least fifty one percent (51%) of its voting share or interests owned by the original Tenant under this Lease; or (iv) results from a merger or consolidation of the original Tenant under this Lease with another entity. Within 15 days after Landlord's receipt of Tenant's request for Landlord's consent to a proposed assignment or sublease, excluding any assignment or sublease requiring Landlord’s consent within ten (10) business days after receipt to an Affiliate of Tenant’s written request for consent, together with sufficient written evidence Landlord shall have the right to require Tenant to reconvey to Landlord that portion of the financial condition and creditworthiness of such proposed assignee Premises which Tenant is seeking to assign or sublesseesublet. If Landlord fails to respond to Tenant’s initial written request, then Tenant shall provide Landlord a written reminder notice reconvey that portion of the Premises in consideration of Landlord's release of Tenant from all future Rent and other obligations, which would not otherwise survive termination of the Lease, with respect theretoto the portion of the Premises so reconveyed. If Landlord fails to respond within two (2) business days after receipt of Any such reminder notice (and provided that Tenant has provided reconveyance shall be evidenced by an agreement reasonably acceptable to Landlord all information reasonably requested by Landlord and Tenant in connection therewith), then Landlord’s consent shall be deemed to be grantedform and substance.

TENANT ASSIGNMENT. (a) Tenant will agrees not assign to assign, sublet, license, mortgage or encumber this LeaseLease Agreement, in whole or in part, or sublease the Premises, in whole or in partany part thereof, whether by voluntary act, operation of law, or otherwise, without the specific prior written consent of Landlord, which Landlord in each instance and such consent will shall not be unreasonably withheld. If Tenant is a corporation, delayedpartnership or other legal entity, or conditioned, and transfer of a controlling interest of Tenant shall be considered an assignment of this Lease Agreement for purposes of this Article. Consent by Landlord in no event will Tenant one such instance shall not be released from any obligation or liability a waiver of Landlord's rights under this Article as to requiring consent for any subsequent instance. Any purported assignment, subletting, licensing, mortgaging or other transfer of this Lease following Agreement or the Premises hereunder by Tenant that does not comply with the provisions of this Article 21 shall be void. Notwithstanding anything herein to the contrary, Tenant may, without the consent of Landlord, assign this Lease Agreement or sublet all or any such assignment or sublease. No sublessee part of the Premises to an Affiliate of Tenant, or if Tenant is acquired pursuant to a merger or acquisition, or sells substantially all of the assets of its business conducted at the Premises. As used herein, an “Affiliate” of Tenant shall be deemed to be any portion thereofentity which either controls, may further assign is controlled by or sublease its interest in is under common control with Tenant, with “control” meaning the power to direct the management and policies, directly or indirectly, through the ownership of voting capital stock or other ownership interest. In connection with any assignment of this Lease Agreement or subletting of the Premises made or any portion thereofrequested by Tenant, without Landlord’s consent as provided above Tenant shall pay Landlord (if required). All reasonable legal fees i) a processing fee of $500.00 and expenses (ii) all out-of-pocket costs incurred by Landlord in connection with Landlord, including reasonable attorneys’ fees. In the review by Landlord event Tenant desires to sublet a part or all of the Premises, or assign this Lease Agreement, including to an Affiliate of Tenant’s requested assignment or sublease pursuant , Tenant shall give written notice to this Section (including, without limitation, the preparation and/or review of any documentation) will be paid by Tenant within Landlord at least thirty (30) days prior to the proposed subletting or assignment, which notice shall state the name of invoice for payment thereof, the proposed subtenant or assignee and the terms of any sublease or assignment documents and shall include copies of financial statements or other relevant financial information of the proposed subtenant or assignee. Any rents and other consideration received by Tenant from an assignment of this Lease Agreement or subletting of the Premises which exceed the Rent then payable by Tenant under this Lease Agreement shall be immediately paid by Tenant to Landlord as Additional RentRent hereunder. Landlord At Landlord’s option following a default by Tenant under this Lease Agreement, any and all payments by the subtenant with respect to the sublease shall either approve or disapprove of a proposed be paid directly to Landlord. In any event no assignment or sublease requiring Landlord’s consent within ten (10) business days after receipt subletting, including to an Affiliate of Tenant’s written request , shall release Tenant of its obligation to pay the Rent and to perform all other obligations to be performed by Tenant hereunder for consent, together with sufficient written evidence the Term of the financial condition and creditworthiness this Lease Agreement. The acceptance of such proposed assignee or sublessee. If Landlord fails to respond to Tenant’s initial written request, then Tenant shall provide Landlord a written reminder notice with respect thereto. If Landlord fails to respond within two (2) business days after receipt of such reminder notice (and provided that Tenant has provided to Landlord all information reasonably requested Rent by Landlord in connection therewith), then Landlord’s consent from any other person shall not be deemed to be granteda waiver by Landlord of any provision hereof. At Landlord's option and with the exception of an assignment or subletting to an Affiliate of Tenant, Landlord may terminate this Lease Agreement in lieu of giving its consent to any proposed assignment of this Lease Agreement or subletting of all of the Premises (which termination may be contingent upon the execution of a new lease with the proposed assignee or subtenant).

TENANT ASSIGNMENT. (a) Notwithstanding anything herein or in the Master Lease to the contrary, Tenant will not assign this LeaseSublease, in whole or in part, or sublease the Premises, in whole or in part, without the prior written consent of Landlord and, to the extent required by the Master Lease, Master Landlord, which consent of Landlord will not be unreasonably withheld, delayed, or conditioned, and in subject to Landlord's right of recapture set forth below. Any assignment of this Sublease shall require that the assignee assume all obligations of Tenant. In no event will Tenant be released from any obligation or liability under this Lease Sublease following any such assignment or sublease. No sublessee Notwithstanding the foregoing to the contrary, Landlord may, in Landlord's sole and absolute discretion, approve or disapprove any proposed assignment or sublease by Tenant to an existing occupant of any space in the Building or an affiliate of any such occupant. Notwithstanding anything herein or in the Master Lease to the contrary, no subtenant of the Premises or any portion thereof, thereof may further assign or sublease its interest in the Premises or any portion thereof. In addition, without Landlord’s consent as provided above (if required)Tenant shall not have the right to sublet the Premises to more than two subtenants. All reasonable Tenant agrees to pay Landlord the actual legal fees and expenses incurred by Landlord in connection with the review by Landlord of Tenant’s 's requested assignment or sublease pursuant to this Section (includingSection, without limitation, together with any legal fees and disbursements incurred in the preparation and/or review of any documentation) will be paid by Tenant , within thirty (30) days of invoice for payment thereof. If the rent due and payable by any subtenant under any permitted sublease exceeds the Rent payable under this Sublease for such space or if any assignee pays any additional consideration to Tenant (assignor), as Additional Rent. Tenant will pay to Landlord shall either approve or disapprove of a proposed assignment or sublease requiring Landlord’s consent all such excess rent and other excess consideration within ten (10) business days following receipt thereof by Tenant. Notwithstanding the foregoing, Tenant may assign this Sublease to an Affiliate, as defined below, at any time without Landlord's consent, but subject to Master Landlord's consent pursuant to the terms of the Master Lease. For purposes of this Section, an Affiliate shall be any entity that, at all times from and after the date of the assignment of this Sublease, either (i) owns at least fifty one percent (51%) of the voting shares or interests of the original Tenant under this Sublease; (ii) has at least fifty one percent (51%) of its voting shares or interests owned by an entity that owns at least fifty one percent (51%) of the voting shares or interests of the original Tenant under this Sublease; or (iii) has at least fifty one percent (51%) of its voting share or interests owned by the original Tenant under this Sublease. Within fifteen (15) days after Landlord's receipt of Tenant’s written 's request for consentLandlord's consent to a proposed assignment or sublease, together with sufficient written evidence excluding any assignment to an Affiliate of Tenant, Landlord shall have the right to require Tenant to reconvey to Landlord that portion of the financial condition and creditworthiness Premises which Tenant is seeking to sublet or, in the case of such a proposed assignee or sublesseeassignment, to terminate this Sublease. If Landlord fails to respond to Tenant’s initial written request, then Tenant shall provide Landlord a written reminder notice reconvey that portion of the Premises in consideration of Landlord's release of Tenant from all future Rent and other obligations, which would not otherwise survive termination of the Sublease, with respect theretoto the portion of the Premises so reconveyed. If Landlord fails to respond within two (2) business days after receipt of Any such reminder notice (and provided that Tenant has provided reconveyance shall be evidenced by an agreement reasonably acceptable to Landlord all information reasonably requested by Landlord and Tenant in connection therewith), then Landlord’s consent shall be deemed to be grantedform and substance.