Transfer Rent Clause Samples
Transfer Rent. If Tenant shall enter into a Transfer hereunder, Tenant shall pay to Landlord the “transfer premium” (as hereinafter defined), if any. In the event of a subletting, “transfer premium” shall mean all rent, additional rent or other consideration payable by such subtenant to Tenant or on behalf of Tenant in connection with the subletting in excess of the rent, additional rent and other sums payable by Tenant under this Lease during the term of the sublease on a per square foot basis if less than all of the Premises is subleased, less the reasonable costs actually incurred by Tenant to secure the sublease. In the event of any Transfer other than a subletting, “transfer premium” shall mean any consideration paid by the assignee to Tenant in connection with such Transfer which Landlord reasonably determines is allocable to the leasehold value of this Lease, less the reasonable costs actually incurred by Tenant to secure the Transfer. If part of the transfer premium shall be payable by the Transferee or subtenant other than in cash, then Landlord’s share of such non-cash consideration shall be in such form as is reasonably satisfactory to Landlord. Notwithstanding any other provision contained in this Lease, Landlord shall not be entitled to any consideration received by Tenant that is fairly allocated to the value of Tenant’s tangible and intangible (including goodwill) business assets (as distinguished from the leasehold value of this Lease).
Transfer Rent. If Tenant shall enter into any assignment or sublease permitted hereunder or consented to by Landlord, Tenant shall, within sixty (60) days of Landlord's consent to such assignment or sublease, deliver to Landlord a complete list of Tenant's reasonable and customary third party (i) brokerage fees, (ii) legal fees; and (iii) costs of tenant installations incurred by Tenant in connection with preparing the Demised Premises for such assignment or subletting; and/or a reasonable Tenant contribution allowance for the same (collectively, "Transaction Costs"), together with a list of all of Tenant's Property and other personal property of Tenant to be sold or leased to such assignee or subtenant (collectively, the "Transferred Personalty"). The Transaction Costs shall be amortized on a straight-line basis, over the term of the sublease. Tenant shall deliver to Landlord evidence of the payment of the Transaction Costs promptly after payment of the same. If Landlord shall give its consent to any assignment of this lease or to any sublease, in consideration therefor, Tenant shall pay to Landlord, as additional rent ("Transfer Rent"):
(a) in the case of an assignment, an amount equal to fifty percent (50%) of all sums and other considerations paid to Tenant by the assignee for or by reason of such assignment (including sums paid, or to be paid, for the sale or rental of the Transferred Personalty, less, in the case of a sale thereof, the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) after first deducting the Transaction Costs; and
(b) in the case of a sublease, fifty percent (50%) of any rents, additional charges or other consideration payable under the sublease to Tenant by the subtenant which is in excess of the fixed rent and additional rent accruing during the term of the sublease in respect of the subleased space (at the rate per square foot payable by Tenant hereunder) pursuant to the terms hereof (including sums paid for the sale or rental of the Transferred Personalty, less, in the case of the sale thereof, the then net unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns) after first deducting the monthly amortized amount of Transaction Costs. The sums payable under this clause (b) shall be paid to Landlord as and when payable by the subtenant to Tenant.
Transfer Rent. If Tenant shall enter into a Transfer hereunder (other than a Permitted Transfer, as to which the provisions of this Section 13.6 shall not be applicable), Tenant shall pay to Landlord fifty percent (50%) of any "transfer premium" (as hereinafter defined). In the event of a subletting, "transfer premium" shall