Assignment Subletting and Encumbering Sample Clauses

Assignment Subletting and Encumbering. This Lease shall not be assigned, sublet, or transferred by Tenant without Landlord’s prior written consent. Tenant shall not sublet, or offer or advertise for subletting, the Leased Premises, or any portion thereof, without the prior written consent of Landlord. Any assignment or subletting shall not relieve Tenant of its obligations hereunder or release Tenant from the further performance of all covenants herein contained.
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Assignment Subletting and Encumbering. Tenant shall not voluntarily assign or encumber its interest in this Lease of in the Premises, or allow other person or entity (except Tenant’s authorized representative) to occupy or use all or any part of the Premises, without first obtaining Landlord’s consent which shall not be unreasonably withheld, conditioned or delayed. Tenant shall, in each instance of a proposed assignment or subletting, give written notice of its intention to assign or sublet to Landlord at least thirty (30) days or more before the effective date of any such proposed assignment or subletting, specifying in such notice whether Tenant proposes to assign or sublet, the proposed date thereof, and specifically identifying the proposed assignee or sublease, and such notice shall be accompanied by copies of the proposed assignment document or sublease, current financial statements of the proposed assignee or subtenant. One-half of all rents received by Tenant from its subtenants in excess of the rents payable by Tenant to Landlord under this Lease shall be paid to Landlord, and one-half of any sums to be paid by any assignee to Tenant in consideration of the assignment of this Lease shall be paid to Landlord after deducting Tenant’s reasonable brokerage commissions, attorney’s fees and rental concession. Except as provided herein, any assignment, encumbrance, or sublease without Landlord’s consent shall be voidable and, at Landlord’s election shall constitute a default. No consent to any assignment, encumbrance, or sublease shall constitute a waiver of the provisions of this Section. In the event Tenant requests Landlord to consent to a proposed assignment, subletting, or encumbrance, Tenant shall pay to Landlord, whether or not such consent is ultimately given, Landlord’s reasonable administrative fee in connection with such request not to exceed five hundred dollars ($500.00) for each request for consent, plus Landlord’s reasonable attorneys’ fees not to exceed one thousand dollars ($1,000.00) incurred in connection with each such request. Tenant hereby irrevocably assigns to Landlord one-half of all said sums received from subletting of the Premises, and agrees that Landlord, as assignee and as attorney-in-fact for Tenant, or as a receiver for Tenant appointed upon Landlord’s application, may collect such rentals and apply the same as provided in Section 16 upon Tenant’s default; provided, however, that until the occurrence of any act of default by Tenant, Tenant shall have the righ...
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Assignment Subletting and Encumbering. Tenant shall not assign, sublet, transfer or encumber the Premises or this Lease (“Transfer”) without the Landlord’s express written consent, which may be withheld by the Landlord in its sole discretion. Landlord acknowledges that the Tenant may operate the Premises for the benefit of WSFCS. The Parties agree that WSFCS shall be considered a subtenant, and Tenant may assign this lease to WSFCS in whole or in part.
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Assignment Subletting and Encumbering. (a) PROHIBITION AGAINST TRANSFER: Tenant shall not either voluntarily or by operation of law (i) assign, transfer, encumber, mortgage, pledge or hypothecate this Lease or any interest herein, (ii) sublet the Premises, or any part thereof, or (iii) enter into a license agreement or other arrangement whereby the ownership or use of the leasehold estate herein is held or utilized by another party, without the prior written consent of Landlord. Any such act prohibited as aforesaid is a material breach under this Lease. Tenant shall not permit the Premises to be occupied by anyone other than Tenant or Tenant's employees. If Tenant breaches this paragraph in addition to any other rights Landlord may have, Landlord may terminate this Lease.
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Assignment Subletting and Encumbering. A. This Agreement shall be binding upon and shall insure to the benefit of the CAA and the Second Party and their respective successors and assigns.
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Assignment Subletting and Encumbering. (a) Tenant shall not, either voluntarily or by operation of law, assign, transfer, mortgage, pledge, hypothecate, or encumber this Lease or any interest herein and shall not sublease the said Premises or any part thereof, or any right or privilege appurtenant thereto, or suffer any other persons (agents and servants of Tenant excepted) to occupy or use said Premises or any portion thereof without the written consent of Landlord first had and obtained, and any such act done or suffered without first obtaining Landlord's written consent shall be void, and shall, at the option of Landlord, terminate this Lease.
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Assignment Subletting and Encumbering. 25 16.1 ASSIGNMENT AND SUBLETTING 25 16.2 ENCUMBRANCE OR ASSIGNMENT AS SECURITY 26 17. DEFAULTS AND REMEDIES 26 17.1 DEFAULTS 26 17.2 REMEDIES 27 17.3 CUMULATIVE NATURE OF REMEDIES 31 17.4 LESSOR'S RIGHT TO CURE BREACH 31 17.5 LESSOR'S DEFAULT 31 18. SURRENDER AND XXXXXX'S ENTRY 32 18.1 SURRENDER 32 18.2 LESSOR'S ENTRY ON PREMISES 33 19. NOTICES 34 20. QUIET POSSESSION 35 21. GENERAL PROVISIONS 36 21.1 WAIVER 36 21.2 ESTOPPEL CERTIFICATES 36 21.3 ENTIRE AGREEMENT; MODIFICATION 37 21.4 RECORDING 37 21.5 GOVERNING LAW 38 21.6 SUCCESSORS 38 21.7 SEVERABILITY 38 21.8 SINGULAR AND PLURAL; GENDER 38 21.9 RIGHT TO AUDIT 39 21.10 TIME 39 21.11 CAPTIONS 40 21.12 BROKERS 40 21.13 JOINT AND SEVERAL OBLIGATIONS 40 21.14 NON-RECOURSE 40 21.15 FORCE MAJEURE 40 21.16 CONFLICT OF DOCUMENTS 41 21.17 COMPLIANCE WITH LAWS 41 21.18 CONFLICT OF INTEREST 43 21.19 ACCESS AND RETENTION OF RECORDS 44 21.20 CONFIDENTIALITY OF REPORTS 44 21.21 SAFETY STANDARDS AND ACCIDENT PREVENTION 44
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Assignment Subletting and Encumbering 
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Related to Assignment Subletting and Encumbering

  • Assignment/Subletting Except as provided herein, Tenant shall not assign or in any manner transfer this Lease or any estate or interest hereunder and shall not sublease the Premises or any part thereof without the prior written consent of Landlord, which shall not be unreasonably withheld, conditioned, or delayed. As part of Tenant’s request for, and as a condition to, Landlord’s consent to such assignment or sublease, Tenant shall provide Landlord with financial statements for the proposed transferee and such other information as Landlord may reasonably request. Tenant shall not be entitled to receive monetary damages based upon a claim that Landlord unreasonably withheld its consent to a proposed transfer to a third party and Tenant’s sole remedy shall be an action to enforce any such provision through specific performance or declaratory judgment. Tenant shall reimburse Landlord for its actual reasonable costs and expenses incurred in connection with such assignment or sublease request. Notwithstanding anything in this Lease to the contrary, so long as Tenant is not in default under this Lease beyond applicable notice and cure periods, the consent of the Landlord need not be obtained if the assignment of the Lease is to a: (i) parent, subsidiary or affiliate of Tenant; (ii) company with which Tenant may merge or consolidate; (iii) corporation that acquires all or substantially all of the shares of stock or assets of Tenant; or (iv) to any corporation which is the successor corporation in the event of a corporate reorganization (a “Related Entity”); provided, however, that (i) such Related Entity does not use the Premises for any other use than the use permitted by this Lease, and (ii) with respect to an assignment to a Related Entity described in subsections (ii) and (iii), such Related Entity has a tangible net worth equal to or greater than $10,000,000.00. Landlord agrees that Tenant shall have the right, without Landlord’s consent, to sublease or license a portion of the Premises to a Related Entity described in subsection (i) above, provided that such Related Entity does not use the Premises for any other use than the use permitted by this Lease. Tenant shall give Landlord written notice at least ten (10) days prior to the effective date of the proposed transfer, along with all applicable documentation and other information necessary for Landlord to determine that the requirements of this Section 13 have been satisfied, including if applicable, the qualification of such proposed transferee as an affiliate of Tenant or a Related Entity.

  • Assignment; Sublease TRANSFER, LIEN Lessee shall not sublicense any part of the Premises, or assign, transfer or encumber in any manner this Lease Agreement or any right, privilege, license or interest conferred hereby. Paramount may assign or otherwise transfer this Lease Agreement or any portion hereof from time to time, and such transfer shall bind and inure to the benefit of its successors and assigns. It is agreed that Paramount is contracting the technical skills and expertise of the management and employees of Lessee and any significant change in ownership or management of Lessee shall require the consent of Paramount as if such change constituted an assignment of this Lease Agreement. Neither this Lease Agreement, nor any right, privilege, license or interest conferred hereby shall be transferable by operation of law, by reason of any bankruptcy, bankruptcy act, insolvency, receivership proceedings, attachment, execution, other judicial process or sale by or against Lessee, whether any of the same be voluntary or involuntary or judicial proceedings. Lessee shall not permit any lien to be imposed upon the Premises or upon any structures or improvements thereon. In the event a lien is imposed, Lessee shall cause it to be discharged promptly. Lessee shall indemnify Paramount for any loss, expense or cost incurred by it in connection with any such lien. Paramount retains the right to create, or permit mortgages, trust deeds, or other encumbrances to be imposed against and upon the Premises, any improvements thereon or interests therein, except against property owned by Lessee, which encumbrances, including principal, interest and costs and expenses in connection therewith, shall be prior to and superior to the interest of Lessee hereunder, and Lessee hereby agrees that this Lease Agreement is subject and subordinate to any such mortgage, trust deed or other encumbrance.

  • Assignment and Subletting (a) Except as provided in subsection (d) below, without the prior written consent of Landlord, which may be withheld in Landlord’s sole discretion, Tenant may not sublease, assign, mortgage, pledge, hypothecate or otherwise transfer or permit the transfer of this Lease or the encumbering of Tenant’s interest therein in whole or in part, by operation of Law or otherwise or permit the use or occupancy of the Premises, or any part thereof, by anyone other than Tenant, provided, however, if Landlord chooses not to recapture the space proposed to be subleased or assigned as provided in Section 10.2, Landlord shall not unreasonably withhold, delay or condition its consent to a subletting or assignment under this Section 10.1. Tenant agrees that the provisions governing sublease and assignment set forth in this Article Ten shall be deemed to be reasonable. If Tenant desires to enter into any sublease of the Premises or assignment of this Lease, Tenant shall deliver written notice thereof to Landlord (“Tenant’s Notice”), together with the identity of the proposed subtenant or assignee and the proposed principal terms thereof and financial and other information sufficient for Landlord to make an informed judgment with respect to such proposed subtenant or assignee at least twenty (20) days prior to the commencement date of the term of the proposed sublease or assignment. Landlord shall notify Tenant in writing of its approval or disapproval of the proposed sublease or assignment or its decision to exercise its rights under Section 10.2 within fifteen (15) days after receipt of Tenant’s Notice (and all required information). In no event may Tenant sublease any portion of the Premises or assign the Lease to any other tenant of the Project if Landlord has space then available that would satisfy such other tenant’s space needs. Tenant shall submit for Landlord’s approval (which approval shall not be unreasonably withheld, conditioned or delayed) any advertising which Tenant or its agents intend to use with respect to the space proposed to be sublet.

  • Assignment and Subleasing During the Lease Term, the Lessee may assign, sublease or transfer to any Person, at any time, in whole or in part, its right, title or interest in, to or under this Lease or any portion of the Leased Property without the prior written consent of the Lessor so long as (v) any such assignment, sublease or transfer would not subject the Lessor to a violation of laws or regulations applicable to the Lessor including those promulgated by OFAC, (w) no Event of Default shall have occurred and be continuing or, after giving effect to such assignment, sublease or transfer, would exist, (x) any such sublease is expressly subject and subordinate to this Lease, (y) Lessee remains liable for all obligations under this Lease after giving effect to any such assignment, sublease or transfer, and (z) Lessor retains all of its interests in and benefits of the Cash Collateral and receives prior certification thereof from the Lessee and such other evidence thereof as the Lessor may reasonably request. Unless and until Lessee has exercised the Early Termination Option or the Purchase Option, no sublease may have a term that extends beyond the Base Term Expiration Date. In all cases, Lessee will promptly provide Lessor copies of each such assignment, sublease or transfer. No sublease will discharge or diminish any of the Lessee’s obligations hereunder and the Lessee shall remain directly and primarily liable under the Lease with respect to the Leased Property and the Operative Documents to which it is a party. Each sublease permitted hereby shall be made and shall expressly provide in writing that it is subject and subordinate to this Lease and the rights of the Lessor hereunder, shall expressly provide for the surrender of the Leased Property by the sublessee at the election of the Lessor after an Event of Default, shall provide that such provisions may be directly enforced by the Lessor and shall provide that such sublessee expressly agrees to comply with the use restrictions set forth in Article X hereof. Notwithstanding the first paragraph of this Article XII, Lessee may not assign or transfer its rights and obligations under this Lease and the other Operative Documents unless (a) on the effective date of any such assignment and transfer, no Event of Default exists, (b) the parties enter into an assignment agreement in form and substance reasonably satisfactory to the Lessor, (c) all filings of or in respect of any such assignment and transfer necessary to protect the rights of the Lessor in the Leased Property and the other Operative Documents are made in a timely fashion, (d) without limiting any provisions of this Article XII, any such assignment and transfer shall include an appropriate provision for the operation, maintenance and insurance of the Leased Property in accordance with the terms hereof, (e) the Lessor shall have received opinions of counsel with respect thereto and such other matters as the Lessor may reasonably request, (f) such assignment and transfer will not result in a Material Adverse Effect, (g) such assignment and transfer will not result in the imposition of any unindemnified Taxes, (h) the Lessor shall have received such other documents and instruments and the Lessee shall take such further acts as the Lessor may reasonably request to evidence and facilitate such assignment and transfer, provided that no such document or instrument shall increase Lessee’s obligations or diminish Lessee’s rights under the Operative Documents or otherwise, and (i) such assignment and transfer will not, with respect to the Lessor, violate the use restrictions set forth in Article X hereof or Applicable Laws and provided, further that, Lessee shall provide to the Lessor not less than thirty (30) days’ prior written notice of such assignment or transfer, such notice to identify the assignee or transferee. No such assignment and transfer will diminish or discharge any of the Lessee’s obligations under this Lease or the other Operative Documents.

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