TIME FOR CONSENT Clause Samples
TIME FOR CONSENT. LESSOR shall give LESSEE written notice of its consent or refusal to consent to a proposed assignment no later than forty five (45) days following receipt from LESSEE of the last of the Transfer Documentation and LESSEE's payment under Paragraph 12.2(e) of the Lease ( "LESSOR's Notice "). If LESSOR does not timely give LESSOR's Notice, LESSOR shall be deemed to have given its consent to the assignment as disclosed in the Transfer Documentation.
TIME FOR CONSENT. LESSOR shall give LESSEE written notice of its ---------------- consent or refusal to consent to a proposed assignment no later than thirty (30) days following receipt from LESSEE of the last of the Transfer Documentation and LESSEE's payment under Paragraph 12.2(e) of the Lease ("LESSOR's Notice"). The term "Transfer Documentation" means and includes the following documentation, which shall be certified in writing as true, correct and complete by the assignee: (a) the name, address, telephone number and responsible representative of the assignee; (b) financial statements, prepared by a certified public accountant or equivalent, for the last three (3) years of assignee's operation, including balance sheet, income statements and any other statements prepared in the ordinary course of assignee's operations; (c) written reports, government filings and other relevant documentation, if any, describing the extent of the use of Hazardous Substances in assignee's general business operations, and, if different, the use of the Premises proposed by assignee; and (d) all written contracts and agreements, including lease assignments, signed between LESSEE (or any of its affiliates) and the assignee relating to or in any way concerning the assignment or any contemporaneous transaction, which contracts and agreements must evidence that the assignment is subject only to the condition or contingency of LESSOR's consent. If LESSOR does not timely give LESSOR's Notice, LESSOR shall be deemed to have given its consent to the assignment as disclosed in the Transfer Documentation.
