Common use of Assignment Subleasing Clause in Contracts

Assignment Subleasing. The LESSEE shall not assign or sublet the whole or any part of the Premises without LESSOR'S prior written consent, such consent shall not be unreasonably withheld, delayed or conditioned. Notwithstanding such consent, LESSEE shall remain liable to, LESSOR for the payment of all rent and for the full performance of the covenants and conditions of this lease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreement, the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No assignment or sublease shall release LESSEE from and LESSEE shall remain fully liable for, performance of LESSEE'S obligations under the lease. LESSEE shall not sublease or assign to a current or prospective tenant of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease or assign premises.

Appears in 1 contract

Samples: Sublease (First Marblehead Corp)

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Assignment Subleasing. The LESSEE Tenant shall not assign this Lease or sublet the whole or any part of the Premises Leased Property without LESSOR'S Landlord's prior written consent, such which consent shall not be unreasonably withheldwithheld or delayed; it being agreed, delayed however, that Landlord will give its consent to any sublease or conditionedassignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use. Notwithstanding such consent, LESSEE Tenant shall remain liable to, LESSOR to Landlord for the payment of all rent Base Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this leaseLease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreementLandlord's consent to any such transfer, the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No assignment or sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release LESSEE of Tenant from and LESSEE shall remain fully liable for, the further performance of LESSEE'S its obligations under hereunder. In the leaseevent of a permitted sublease. LESSEE Landlord shall not sublease or assign have the right to a current or prospective tenant elect to share equally in any profit to Tenant from subleasing of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use of any tenant at the Leased Property. LESSOR may also elect to recapture the proposed sublease or assign premises.

Appears in 1 contract

Samples: Lease (Phoenix Md Realty LLC)

Assignment Subleasing. The LESSEE (a) Lessee shall not assign or sublet or otherwise transfer, voluntarily or involuntarily, the whole or any part of the Premises or this Lease, or allow any other person to occupy the Premises without LESSOR'S Lessor’s prior written consent, such which consent shall not be unreasonably withheldwithheld or delayed, delayed provided Lessee shall give Lessor written notice of the terms of the assignment, transfer or conditionedsublet and that the proposed assignee or sublessee is of good reputation and financial condition and its proposed use is permitted by all applicable by- laws and regulations and provided further that Lessee shall pay all reasonable legal and other fees incurred by Lessor in connection with reviewing and approving any such assignment or sublet. Lessee shall give Lessor written notice of the material terms of any proposed assignment or other transfer or sublease and such other information regarding the assignee or sublessee as Lessor shall reasonably require. Notwithstanding such consent, LESSEE Lessee shall remain fully liable to, LESSOR to Lessor for the payment of all rent Rent and for the full performance of the covenants and conditions of this leaseLease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreement, It shall also be a condition of the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No validity of the assignment or sublease shall release LESSEE from and LESSEE shall remain fully liable forsublet that the assignee or sublessee agree directly with Lessor, performance of LESSEE'S in form satisfactory to Lessor, to be bound by all Lessee obligations under this Lease (but in the leaseevent of a sublease, only to the extent applicable to the subleased premises). LESSEE The acceptance by Lessor of the payment of Base Rent or Additional Rent following an assignment, sublease or other transfer not approved shall not be deemed to be consent by Lessor to any such assignment, sublease or assign to transfer nor shall the same constitute a current or prospective tenant of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use waiver of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease right or assign premisesremedy of Lessor.

Appears in 1 contract

Samples: Lease (Abiomed Inc)

Assignment Subleasing. The LESSEE (a) Tenant is currently in occupancy and is operating its business at the Leased Premises. Provided that no Event of Default shall have occurred and be continuing, Tenant may sublet the Leased Premises in whole or in part without the consent of Landlord. Except as expressly permitted below, Tenant shall not assign its interest in this Lease without the prior written consent of Landlord and Lender. The assignment of this Lease by Tenant named herein (the "Original Tenant") to the parent, a wholly owned subsidiary or sublet an affiliate of Tenant shall not require the whole consent of Landlord and Lender. An "affiliate" of Tenant shall mean any corporation, partnership or other business entity which controls or is controlled by, or is under common control with Tenant. The word "control" (including "controlled by", "under common control with" and "controlling") as used with respect to any part corporation, partnership or other business entity, shall mean the possession of the Premises without LESSOR'S prior written consent, such consent shall not be unreasonably withheld, delayed power to direct or conditioned. Notwithstanding such consent, LESSEE shall remain liable to, LESSOR for cause the payment of all rent and for the full performance direction of the covenants management and conditions policies of such corporation, partnership or other business entity, whether through the ownership of voting securities or contract. No sublease under, or assignment of this lease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreementLease shall relieve Tenant of its obligations hereunder, which shall continue jointly and severally with any such assignee as the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No assignment or sublease shall release LESSEE from and LESSEE shall remain fully liable for, performance of LESSEE'S obligations under the lease. LESSEE shall not sublease or assign to a current or prospective tenant of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR canprincipal and not provide elsewhere in as the Building and LESSEE can provide through obligations of a sublease. LESSEE shall not sublease surety or assign to any tenant whereby the sublessee or assignees use violates the exclusive use of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease or assign premisesa guarantor.

Appears in 1 contract

Samples: Lease (One Price Clothing Stores Inc)

Assignment Subleasing. The LESSEE Tenant shall not assign this Lease or sublet the whole or any part of the Premises Leased Property without LESSOR'S Landlord's prior written consent, such which consent shall not be unreasonably withheldwithheld or delayed; it being agreed, delayed however, that Landlord will give its consent to any sublease or conditionedassignment of all or any portion of the Leased Property to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use. Notwithstanding such consent, LESSEE Tenant shall remain liable to, LESSOR to Landlord for the payment of all rent Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this leaseLease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreementLandlord's consent to any such transfer, the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No assignment or sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Property or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release LESSEE of Tenant from and LESSEE shall remain fully liable for, the further performance of LESSEE'S its obligations under the lease. LESSEE shall not sublease or assign to a current or prospective tenant of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease or assign premiseshereunder.

Appears in 1 contract

Samples: Facility Lease (Carematrix Corp)

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Assignment Subleasing. The LESSEE Tenant shall not assign this Lease or sublet the whole or any part of the Leased Premises without LESSOR'S Landlord's prior written consent, such which consent shall not be unreasonably withheldwithheld or delayed; it being agreed, delayed however, that Landlord will give its consent to any sublease or conditionedassignment of all or any portion of the Leased Premises to an affiliate (i.e., an entity in common ownership with Tenant or wholly owned by Tenant or wholly owning Tenant) of Tenant for the Permitted Use provided such affiliate of Tenant is not a competitor of Landlord or any affiliate of Landlord. Notwithstanding such consent, LESSEE Tenant shall remain liable to, LESSOR to Landlord for the payment of all rent Base Rent, Additional Rent, any other charges due hereunder, and for the full performance of the covenants and conditions of this leaseLease. If SUBLESSEE or ASSIGNEE is paying rent at. an amount greater than in this agreementLandlord's consent to any such transfer, the amount over after deduction. of. LESSEE'S costs in connection with such subleasing or assignment shall be due to LESSOR. No assignment or sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the event of a default under the terms of this Lease, if the Leased Premises or any part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by law, may at its option collect directly from assignee or subtenant all rents becoming due to Tenant under such assignment or sublease and apply such rent against any sums due it by Tenant hereunder, and no such collection shall be construed to constitute a novation or a release LESSEE of Tenant from and LESSEE shall remain fully liable for, the further performance of LESSEE'S its obligations under the leasehereunder. LESSEE shall not sublease For purposes of this Lease, (a) any assignment, transfer or assign to a current conveyance of any sort of 25% or prospective tenant more of the Building. Prospective tenants are stock or other beneficial ownership of Tenant and (b) any tenant in active lease negotiations merger or consolidation of Tenant with LESSOR or those tenants who have been introduced any other entity shall constitute an "assignment" which is subject to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease or assign premisesLandlord's prior reasonable consent under this Section 12.

Appears in 1 contract

Samples: Office Lease (Carematrix Corp)

Assignment Subleasing. The LESSEE shall Tenant covenants and agrees that it will not assign this Lease or sublet (which term, without limitation, shall include the granting of concessions, licenses, and the like, and also the sale of 51% or more of an equity interest in Tenant, except the sale of an equity interest in Tenant to Guarantor or any entity controlled by Guarantor) the whole or any part of the Leased Premises without LESSOR'S prior in each instance having first received the express written consent, such consent of Landlord. Such consent shall not be unreasonably withheld. If Landlord's consent is given, delayed it shall be for assignment or conditioned. Notwithstanding such consent, LESSEE shall remain liable to, LESSOR for subletting during the payment of all rent and for the full performance main term of the covenants Lease, and conditions of this lease. If SUBLESSEE or ASSIGNEE is paying rent at. not for any period covered by an amount greater than option to renew (if any) and in this agreement, the amount over after deduction. of. LESSEE'S costs in connection with any case where Landlord shall consent to such subleasing or assignment shall be due to LESSOR. No assignment or sublease shall release LESSEE from and LESSEE subletting, Tenant named herein shall remain fully liable forfor the obligations of Tenant hereunder, performance including, without limitation, the obligation to pay the rent and other amounts provided under this Lease. Notwithstanding anything herein contained to the contrary the provisions of LESSEE'S this Paragraph shall not, however, be applicable to an assignment of this Lease by Tenant or Tenant's parent corporation, if any, provided (and it shall be a condition of the validity of any such assignment) that such affiliate, subsidiary or related company agrees directly with Landlord to be bound by all of the obligations to pay the rent and other amounts provided for under this Lease, and the lease. LESSEE covenant against further assignment; but such assignment shall not sublease or assign to a current or prospective tenant of the Building. Prospective tenants are any tenant in active lease negotiations with LESSOR or those tenants who have been introduced to the Property within thirty (30) days of LESSEE'S Written notice of intent to sublease, unless such tenant is seeking a suite or suite of offices of a size LESSOR cannot provide elsewhere in the Building and LESSEE can provide through a sublease. LESSEE shall not sublease or assign to any tenant whereby the sublessee or assignees use violates the exclusive use relieve Tenant of any tenant at the Property. LESSOR may also elect to recapture the proposed sublease or assign premisesof its obligations hereunder, and Tenant shall remain fully liable therefor.

Appears in 1 contract

Samples: Lease and Agreement Part A (Curative Health Services Inc)

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