Common use of Landlord’s Consent Required Clause in Contracts

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, “Transfer”) without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 3 contracts

Samples: Standard Lease, Standard Lease (Sophiris Bio Inc.), Standard Lease (Sophiris Bio Inc.)

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Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 3 contracts

Samples: Industrial Net Lease (Avanir Pharmaceuticals), Industrial Net Lease (Avanir Pharmaceuticals), Jmar Technologies Inc

Landlord’s Consent Required. Other than a Permitted Transfer, Tenant shall not not, directly or indirectly, voluntarily or involuntarily by operation of Law, sell, assign, subleaseencumber, mortgage, encumberpledge, or otherwise transfer or hypothecate all of any part of the Premises, or Tenant’s leasehold estate hereunder, or sublet all or any portion of the Premises or its interest in this Lease permit the Premises to be occupied by anyone other than Tenant (collectively, each such act herein referred to as a “Transfer”) ), without Landlord’s prior written consentconsent in each instance, which consent Landlord shall not be unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3withheld, conditioned, or delayed. Any attempted Transfer without Landlord’s prior written consent shall be void and shall constitute a noncurable Event non-curable breach of Default under this Lease. If Tenant is a partnership or a limited liability company, any cumulative transfer of at least fifty-one percent (51%) of the partnership or limited liability company membership interests, as applicable, shall constitute a Transfer and shall require Landlord’s consent except as otherwise provided in this Lease. Without limiting the foregoing, it shall constitute a Transfer and shall require Landlord’s consent if: (a) Tenant is a limited partnership, there is a transfer of a general partner interest; or (b) if Tenant is a limited liability company, there is a transfer of any managing membership interest. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) change in a controlling interest of the voting stock of such the corporation shall constitute a Transfer requiring and shall require Landlord’s consent hereunder providedprior consent. Notwithstanding the foregoing or anything to the contrary in this Lease, however, that this sentence any Transfer of any interest in Guarantor or in any Person owning a direct or indirect interest in Guarantor shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if Tenant under this Section 11.1 or any affiliate other provision of Tenant is in default under this Lease and shall be freely permitted without any lease of any other real property owned or managed (in whole or in part) by notice to Landlord or any affiliate other requirement, provided however, in the event a Guarantor Material Change occurs, Tenant shall comply with Section 5.4 of Landlordthis Agreement.

Appears in 2 contracts

Samples: Lease Agreement (Columbia Care Inc.), Lease Agreement (Columbia Care Inc.)

Landlord’s Consent Required. Tenant shall not voluntarily assign this Lease or involuntarily assign, sublease, mortgage, encumberany interest therein, or otherwise sublet or license or permit the use or occupancy of the Premises or any part thereof by or for the benefit of anyone other than Tenant, or in any other manner transfer all or any portion part of the Premises or its Tenant’s interest in under this Lease (collectively, each and all a “Transfer”) ), without Landlord’s the prior written consentconsent of Landlord, which consent Landlord (subject to the other provisions of this Article 14) shall not be unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this Leasewithheld. If Tenant is a corporationcorporation or other business entity, any cumulative Transfer direct or indirect transfer of more than fifty percent (50%) of the voting stock or other ownership interest of such corporation the entity (whether in a single transaction or in the aggregate through more than one transaction), including a merger or consolidation, shall constitute be deemed a Transfer requiring Landlord’s consent hereunder Transfer; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If (i) if Tenant is a partnershippublicly traded corporation, limited liability companythe sale of Tenant’s capital stock on a nationally recognized public stock exchange shall not be considered a Transfer, trust and (ii) sales or ether entity, any cumulative Transfer transfers of more than twenty percent (20%) of the partnership, membership, beneficial stock or other ownership equity interests therein among existing shareholders or other existing holders of equity interests shall constitute not be considered a Transfer. Notwithstanding any provision in this Lease to the contrary, Tenant shall not mortgage, pledge, hypothecate or otherwise encumber this Lease or all or any part of Tenant’s interest under this Lease. Any assignee, subtenant, user or other transferee under any proposed Transfer requiring is herein called a “Proposed Transferee”. Any assignee, subtenant, user or other transferee either approved by Landlord or otherwise permitted under this Lease without any requirement for Landlord’s consent hereunder. Tenant shall not have the right to consummate is herein called a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord“Transferee.

Appears in 2 contracts

Samples: Lease (LendingClub Corp), Lease (LendingClub Corp)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, “Transfer”) without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty fifty percent (2050%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 2 contracts

Samples: Lease (Locust Walk Acquisition Corp.), Industrial Lease (Brooks Automation Inc)

Landlord’s Consent Required. Subject to Section 16.5 below, Tenant shall not voluntarily or involuntarily by operation of law assign, subleasetransfer, mortgage, encumber, sublet or otherwise transfer or encumber (collectively, a “Transfer”) all or any portion part of the Premises or its Tenant’s interest in this Lease (collectively, “Transfer”) or in the Premises without Landlord’s prior written consent, consent which consent Landlord shall not be unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3withheld or delayed. Any attempted Transfer assignment, transfer, mortgage, encumbrance or subletting without Landlord’s written such consent shall be void and shall constitute a noncurable Event breach of Default under this Lease. If Any transfer of Tenant’s interest in this Lease or in the Premises from Tenant is a corporationby merger, consolidation or liquidation, or by any cumulative Transfer subsequent change in the ownership of more than fifty percent (50%) or more of the voting capital stock of such corporation Tenant shall constitute be deemed a prohibited Transfer requiring within the meaning of this Section 16. As a condition of obtaining Landlord’s consent hereunder providedconsent, howeverTenant shall submit to Landlord, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnershiptogether with its request for consent, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) the name of the partnershipproposed assignee or subtenant, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event terms and provisions of Default has occurredthe proposed transaction, and is continuingsuch information as to the nature of the proposed assignee’s or subtenant’s business and its financial responsibility and standing as Landlord may reasonably require, or if Tenant or any affiliate together with the effective date of Tenant is in default under any lease the proposed Transfer which shall be at least sixty (60) days after the date of any other real property owned or managed (in whole or in part) by Landlord or any affiliate submission of such information to Landlord.. Without limiting other

Appears in 2 contracts

Samples: Office Lease (Zendesk, Inc.), Office Lease (Zendesk, Inc.)

Landlord’s Consent Required. Except as expressly otherwise set forth herein, Tenant shall not voluntarily or involuntarily not, without Xxxxxxxx’s prior written consent, assign, subleasesublet, mortgage, encumberlicense, transfer or encumber this Lease or the Premises in whole or in part whether by changes in the control of Tenant (other than as the result of transfers of interests among parties holding a direct or indirect interest in Tenant), or otherwise transfer permit the occupancy of all or any portion of the Premises by any person or its interest in this Lease entity other than Tenant’s employees (collectivelyeach of the foregoing, a “Transfer”) ). Any purported Transfer made without LandlordXxxxxxxx’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent if required hereunder, shall be void and shall constitute confer no rights upon any third person, provided that if there is a noncurable Event of Default Transfer, Landlord may collect rent from the transferee without waiving the prohibition against Transfers, accepting the transferee, or releasing Tenant from full performance under this Lease. If No Transfer shall relieve Tenant is a corporationof its primary obligation as party-Tenant hereunder, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation nor shall constitute a Transfer requiring it reduce or increase Landlord’s consent hereunder provided, however, that obligations under this sentence Lease. In no event shall not apply to the issuance of any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if in Tenant or any affiliate of entity holding an interest in Tenant is in default under any lease or the trading of any other real property owned stock in any entity directly or managed (directly holding an interest in whole or Tenant on a nationally-recognized stock exchange be deemed to result in part) by Landlord or any affiliate of Landlorda Transfer hereunder.

Appears in 2 contracts

Samples: Indenture of Lease (uniQure B.V.), Indenture of Lease (uniQure B.V.)

Landlord’s Consent Required. Tenant shall not, without the prior written consent of Landlord which shall not voluntarily be unreasonably withheld, conditioned or involuntarily assigndelayed, sublease, mortgage, encumber, or otherwise transfer all or any portion of list the Premises or its interest in any part thereof as available for assignment or sublease with any broker or agent or otherwise advertise, post, communicate or solicit prospective assignees or subtenants through any direct or indirect means, nor assign this Lease (collectivelyor any interest thereunder, “Transfer”) without Landlord’s prior written consentor sublet Premises or any part thereof, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with or permit the provisions use of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this LeasePremises by any party other than Tenant. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder providedunincorporated association, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, partnership or limited liability company, trust the sale, assignment, transfer or ether entity, hypothecation of any cumulative Transfer class of more than twenty percent (20%) of the partnership, membership, beneficial stock or other ownership interests therein interest in such corporation, association, partnership or limited liability company in excess of fifty-one percent (51%) in the aggregate shall constitute be deemed an assignment within the meaning of this Article 16. In the event that during the term of this Lease, Tenant desires to assign or sublease all or any portion of this Lease and introduces Landlord to a Transfer requiring proposed replacement tenant for Tenant, which replacement tenant has a good reputation, is of financial strength at least equal to that of Tenant (as determined by Landlord in its sole discretion) and has a use for Premises and a number of employees reasonably consistent with that of Tenant’s operation, Landlord may consider such replacement tenant and notify Tenant with reasonable promptness as to Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request choice, at Landlord’s consent to any Transfer if any Event sole discretion, of Default has occurred, and is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.the following:

Appears in 1 contract

Samples: Office Lease (Medivation, Inc.)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withholdwithhold or delay. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable non-curable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, however that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Gross Lease (Sequenom Inc)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty fifty percent (2050%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real rent property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable non curable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, however that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of or Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of or any other real property owned or managed (in whole or in part) part by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Gross Lease (Inland Entertainment Corp)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s Lxxxxxxx's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant Txxxxx has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.. 18.2

Appears in 1 contract

Samples: Aethlon Medical Inc

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, “Transfer”) without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Net Lease (Halozyme Therapeutics Inc)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions txx xxxvisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this finis Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, partnership membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Sgi International

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, “Transfer”) without Landlord’s prior written consent, which consent Landlord shall may withhold in its absolute discretion, but Landlord will not unreasonably withhold, condition or delay such consent. In addition, Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable an Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) or more of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder hereunder; provided, however, however that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty fifty percent (2050%) or more of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlordthe Project.

Appears in 1 contract

Samples: Office Lease (Evoke Pharma Inc)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily by operation of law assign, subleasetransfer, mortgage, encumbersublet, or otherwise transfer or encumber all or any portion part of the Premises or its Tenant's interest in this the Lease (collectivelyor in the Premises, “Transfer”) without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. In no event shall Landlord may withhold its be required to approve any transfer to a prospective tenant who fails to meet the use restrictions set forth in Section 1.1. Landlord shall respond to Tenant's request for consent until Tenant has complied with the provisions of Sections 18.2 hereunder in a timely manner and 18.3. Any any attempted Transfer assignment, transfer, mortgage, encumbrance or subletting without Landlord’s written such consent shall be void void, and shall constitute a noncurable Event material default and breach of Default this Lease without the need for notice to Tenant under any provision of this Lease. If "Transfer" within the meaning of this Section 12.1 shall include any merger, reorganization, or similar transaction to which the Tenant's consent is required, or the sale or transfer of all or substantially all of Tenant's assets. Notwithstanding the above, Tenant may assign all of its rights, (but not less than all of its rights) to any entity which is at least 51% owned by Tenant or a corporation, parent of Tenant or in connection with any cumulative Transfer merger or reorganization of more than fifty percent (50%) Tenant or a sale of all of Tenant's assets provided that Landlord receives notice of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder provided, however, transaction and sufficient financial information evidencing that this sentence shall not apply the parties remaining liable on the Lease have the financial strength and credit rating at least equal to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) Tenant's as of the partnershipdate this Lease is executed or the date of assignment, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and whichever is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlordgreater.

Appears in 1 contract

Samples: Lease (Quantum Corp /De/)

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Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily by operation of law assign, subleasetransfer, mortgage, encumbersublet, or otherwise transfer or encumber all or any portion part of the Premises or its Tenant's interest in this Lease (collectivelyor in the Premises, “Transfer”) without Landlord’s 's prior written consent, which consent Landlord shall not be unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3withheld. Any attempted Transfer without assignment, transfer, mortgage, encumbrance or subletting Landlord’s written consent 's option constitute a breach of this Lease that entitles Landlord to terminate this Lease. Tenant agrees that the instrument by which any assignment or subletting consented to by Landlord is accomplished shall be void in a form satisfactory to Landlord and shall constitute expressly provide that the assignee or subtenant will perform and observe all the agreements, covenants, conditions and provisions to be performed and observed by Tenant under this Lease as and when performance and observance is due and that Landlord will have the right to enforce such agreements, covenants, conditions and provisions directly against such assignee or subtenant. Any subtenant shall, by reason of entering into a noncurable Event of Default sublease under this Lease, be deemed, for the benefit of Landlord, to have assumed and agreed to conform and comply with each and every obligation of Tenant hereunder other than such obligations as are contrary to provisions contained in a subleas e to which Landlord has expressly consented in writing . If For purposes hereof, in the event Tenant is a partner ship, a withdrawal or change of partners owning more than twenty-five percent (25%) of the general partnership interests in the partnership, or, if Tenant is a corporation, any cumulative Transfer transfertra of more than fifty twenty-five percent (5025%) of the its voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder provided, however, that voluntary assignment of this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of LandlordLease.

Appears in 1 contract

Samples: Lease (Telco Systems Inc /De/)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty fifty percent (2050%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Net Lease (Mitokor)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, “Transfer”) without Landlord’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty man twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Sublease Agreement (Tenby Pharma Inc)

Landlord’s Consent Required. Except as otherwise provided in SECTION 14.04, Tenant shall not not, directly or indirectly, voluntarily or involuntarily by operation of Law, sell, assign, subleaseencumber, mortgage, encumberpledge, or otherwise transfer or hypothecate all of any part of the Premises, or Tenant’s leasehold estate hereunder, or sublet all or any portion of the Premises or its interest in this Lease permit the Premises to be occupied by anyone other than Tenant (collectively, each such act herein referred to as a “Transfer”) ), without Landlord’s prior written consentconsent in each instance, which consent Landlord shall not be unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3withheld, conditioned, or delayed. Any attempted Transfer without Landlord’s prior written consent shall be void and shall constitute a noncurable Event non-curable breach of Default under this Lease. If Tenant is a corporationpartnership or a limited liability company, any cumulative Transfer transfer of more than fifty percent (50%) of the partnership or limited liability company membership interests, as applicable, shall constitute a Transfer and shall require Landlord’s consent. Without limiting the foregoing, it shall constitute a Transfer and shall require Landlord’s consent if: (a) Tenant is a limited partnership, there is a transfer of a general partner interest; or (b) if Tenant is a limited liability company, there is a transfer of a majority of managing membership interest. If Tenant is a corporation, any change in a controlling interest of the voting stock of such the corporation shall constitute a Transfer requiring and shall require Landlord’s consent hereunder provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlordprior consent.

Appears in 1 contract

Samples: Commercial Lease (Triangle Canna Corp.)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily by operation of law assign, subleasetransfer, mortgage, encumbersublet, or otherwise transfer or encumber all or any portion part of the Premises or its Tenant's interest in this Lease (collectively, “Transfer”) or in the Premises without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer assignment, transfer mortgage, encumbrance, or subletting without Landlord’s written consent shall be void and shall constitute a noncurable Event breach of Default under this Lease. If Any transfer of Tenant's interest in this Lease or in the Premises from Tenant is a corporationby merger, consolidation, or liquidation, or by any cumulative Transfer subsequent change in the ownership of more than fifty percent FIFTY-ONE PERCENT (5051%) or more of the voting capital stock of such corporation shall constitute a Transfer requiring Landlord’s consent hereunder provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent FIFTY-ONE PERCENT (2051%) or more partnership interest of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not be deemed a prohibited assignment within the meaning of this Article 13. No option to extend, if any, may be assigned by Tenant and no subtenant shall have the any right to consummate a Transfer or to request Landlord’s consent to exercise any Transfer if any Event of Default has occurredsuch option. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, and is continuingSINCE THIS IS A LEASE COVERING MANY UNITS WITHIN THE 405 BUSINESS PARK, or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of LandlordTENANT CAN SUBLET ANY PORTION OF THE LEASED PREMISES PROVIDED IT MEETS CITY CODE. THIS RIGHT WILL NOT BE WITHHELD BY LANDLORD.

Appears in 1 contract

Samples: Lease Agreement (Celebrate Express, Inc.)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s Xxxxxxxx's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant Xxxxxx has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s Xxxxxxxx's written consent shall be void and shall constitute a noncurable non-curable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, however that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Industrial Gross Lease (Scripps Financial Corp)

Landlord’s Consent Required. Except as expressly otherwise set forth herein, Tenant shall not voluntarily or involuntarily not, without Laxxxxxx’s prior written consent, assign, subleasesublet, mortgage, encumberlicense, transfer or encumber this Lease or the Premises in whole or in part whether by changes in the control of Tenant (other than as the result of transfers of interests among parties holding a direct or indirect interest in Tenant), or otherwise transfer permit the occupancy of all or any portion of the Premises by any person or its interest in this Lease entity other than Tenant’s employees (collectivelyeach of the foregoing, a “Transfer”) ). Any purported Transfer made without LandlordLaxxxxxx’s prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s written consent if required hereunder, shall be void and shall constitute confer no rights upon any third person, provided that if there is a noncurable Event of Default Transfer, Landlord may collect rent from the transferee without waiving the prohibition against Transfers, accepting the transferee, or releasing Tenant from full performance under this Lease. If No Transfer shall relieve Tenant is a corporationof its primary obligation as party-Tenant hereunder, any cumulative Transfer of more than fifty percent (50%) of the voting stock of such corporation nor shall constitute a Transfer requiring it reduce or increase Landlord’s consent hereunder provided, however, that obligations under this sentence Lease. In no event shall not apply to the issuance of any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s consent to any Transfer if any Event of Default has occurred, and is continuing, or if in Tenant or any affiliate of entity holding an interest in Tenant is in default under any lease or the trading of any other real property owned stock in any entity directly or managed (directly holding an interest in whole or Tenant on a nationally-recognized stock exchange be deemed to result in part) by Landlord or any affiliate of Landlorda Transfer hereunder.

Appears in 1 contract

Samples: Indenture of Lease (Replimune Group, Inc.)

Landlord’s Consent Required. Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withhold. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable an Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty percent (50%) or more of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, however that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty fifty percent (2050%) or more of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlordthe Project.

Appears in 1 contract

Samples: Office Lease (NTN Buzztime Inc)

Landlord’s Consent Required. (a) Tenant shall not voluntarily or involuntarily assign, sublease, mortgage, encumber, or otherwise transfer all or any portion of the Premises or its interest in this Lease (collectively, "Transfer") without Landlord’s 's prior written consent, which consent Landlord shall not unreasonably withholdwithhold or delay. Landlord may withhold its consent until Tenant has complied with the provisions of Sections 18.2 and 18.3. Any attempted Transfer without Landlord’s 's written consent shall be void and shall constitute a noncurable Event of Default under this Lease. If Tenant is a corporation, any cumulative Transfer of more than fifty twenty percent (5020%) of the voting stock of such corporation shall constitute a Transfer requiring Landlord’s 's consent hereunder hereunder; provided, however, that this sentence shall not apply to any corporation whose stock is publicly traded. If Tenant is a partnership, limited liability company, trust or ether other entity, any cumulative Transfer of more than twenty percent (20%) of the partnership, membership, beneficial or other ownership interests therein shall constitute a Transfer requiring Landlord’s 's consent hereunder. Tenant shall not have the right to consummate a Transfer or to request Landlord’s 's consent to any Transfer if any Event of Default has occurred, occurred and is continuing, continuing or if Tenant or any affiliate of Tenant is in default under any lease of any other real property owned or managed (in whole or in part) by Landlord or any affiliate of Landlord.

Appears in 1 contract

Samples: Genetronics Biomedical Corp

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