Transfer Defined. The term "transfer" in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning twenty five percent (25%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant.
Appears in 2 contracts
Samples: Sutron Corp, Sutron Corp
Transfer Defined. The term "“transfer" ” in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning twenty five forty percent (2540%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, the term “transfer” shall not involve any initial public offering of Tenant’ business.
Appears in 2 contracts
Samples: Deed of Lease (DTLR Holding, Inc.), Deed of Lease (DTLR Holding, Inc.)
Transfer Defined. The term "“transfer" ” in Section 7.01 above shall include (i) if Tenant is a partnershippartnership or limited liability company, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner or member owning twenty five percent (2520%) or more of the partnershippartnership or company, or a dissolution or liquidation of the partnershippartnership or company, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant.
Appears in 1 contract
Samples: Revolving Credit Agreement (First Potomac Realty Trust)
Transfer Defined. The term "transfer" in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning twenty five percent (2520%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant.
Appears in 1 contract
Samples: Lease Agreement (Calbatech Inc)
Transfer Defined. The term "“transfer" ” in Section 7.01 above shall include (i) if Tenant is a partnership, a withdrawal or change (voluntary, involuntary, or by operation of law, whether accomplished by a single transaction or a series of transactions) of any partner owning twenty five percent (2520%) or more of the partnership, or a dissolution or liquidation of the partnership, (ii) if Tenant is a corporation, any dissolution, merger, consolidation or other reorganization of Tenant, or the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions), or (iii) any management arrangement by which operational control is transferred to a person other than Tenant. Notwithstanding the foregoing, provided Tenant is a publicly traded company, then the transfer of a controlling interest of the capital stock of Tenant (whether accomplished by a single transaction or a series of transactions) shall not be deemed a transfer under this Lease.
Appears in 1 contract
Samples: Construction Agreement (Vocus, Inc.)