Assignment Subleasing. 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 in each instance having first received the express written consent of Landlord. Such consent shall not be unreasonably withheld. If Landlord's consent is given, it shall be for assignment or subletting during the main term of the Lease, and not for any period covered by an option to renew (if any) and in any case where Landlord shall consent to such assignment or subletting, Tenant named herein shall remain fully liable for the obligations of Tenant hereunder, 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 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 covenant against further assignment; but such assignment shall not relieve Tenant of any of its obligations hereunder, and Tenant shall remain fully liable therefor.
Appears in 1 contract
Assignment Subleasing. (a) With the exception of a tenant that would render the Leased Premises or a portion thereof a “tax-exempt use property” within the meaning of Section 168(h) of the Code, Tenant covenants and agrees that it will not may assign its interest in this Lease or and may 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 Leased Premises in Tenant, except the sale of an equity interest in Tenant to Guarantor or any entity controlled by Guarantor) the whole or in part, from time to time, to any part Person without the consent of Landlord. Tenant shall have no rights to mortgage or otherwise hypothecate its leasehold interest under this Lease.
(b) Each sublease of the Leased Premises without in each instance having first received the express written consent of Landlord. Such consent shall not be unreasonably withheld. If Landlord's consent is given, it or any part thereof shall be for subject and subordinate to the provisions of this Lease. No assignment or subletting during the main term sublease shall affect or reduce any of the Lease, and not for any period covered by an option to renew (if any) and in any case where Landlord shall consent to such assignment or subletting, Tenant named herein shall remain fully liable for the obligations of Tenant hereunder, includingand all such obligations shall continue in full force and effect as obligations of a principal and not as obligations of a guarantor, without limitationas if no assignment or sublease had been made. Notwithstanding any assignment or subletting, Tenant shall continue to remain primarily liable and responsible for the obligation to pay payment of the rent Basic Rent and Additional Rent and the performance of all its other amounts provided obligations under this Lease. Notwithstanding anything herein contained to No assignment or sublease shall impose any obligations on Landlord under this Lease except as otherwise provided in this Lease. Tenant agrees that in the contrary the provisions case of 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 covenant against further assignment; but such assignment shall not relieve Tenant of any of its obligations hereundershall, and Tenant shall remain fully liable therefor.within fifteen
Appears in 1 contract
Assignment Subleasing. Tenant covenants and agrees that it will shall 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 Property without in each instance having first received the express Landlord's prior written consent of Landlord. Such consent, which consent shall not be unreasonably withheldwithheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment 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. If Notwithstanding such consent, Tenant shall remain liable to Landlord for the payment of all Base Rent, Additional Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this Lease. Landlord's consent is givento any such transfer, it shall be for assignment or subletting during sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the main term event of a default under the terms of this Lease, and not for if the Leased Property or any period covered part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by an law, may at its option collect directly from assignee or subtenant all rents becoming due to renew (if any) and in any case where Landlord shall consent to Tenant under such assignment or subletting, Tenant named herein shall remain fully liable for the obligations of sublease and apply such rent against any sums due it by Tenant hereunder, 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 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 no such collection shall be construed to constitute a condition novation or a release of Tenant from 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 covenant against further assignment; but such assignment shall not relieve Tenant of any performance of its obligations hereunder, and Tenant shall remain fully liable therefor.
Appears in 1 contract
Sources: Facility Lease (Carematrix Corp)
Assignment Subleasing. Tenant covenants and agrees that it will shall not assign this Lease or sublet (which termthe Leased Unit, in whole or in part, 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 in each instance having first received the express prior written consent of Landlord. Such consent Landlord shall not be unreasonably withheld. If Landlord's consent is givenwithhold its approval for a sublease, it shall be for assignment or subletting during the main term of the Lease, and not for any period covered by an option to renew (if any) and in any case where Landlord shall consent to such assignment or subletting, provided that Tenant named herein shall remain fully primarily liable for the obligations payment of Tenant hereunder, including, without limitation, Rent and for the obligation to pay the rent performance of all other terms and other amounts provided under conditions of this Lease. Notwithstanding anything herein contained to the contrary the provisions of this Paragraph shall not, however, be applicable to an No assignment of this Lease by Tenant or Tenant's parent corporation, if any, provided (and it shall be construed as a condition release of Tenant’s obligations under the validity terms and conditions 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 covenant against further assignment; but such assignment Landlord’s acceptance of rent from anyone other than Tenant shall not relieve release Tenant from Tenant’s Rent and Total Lease Cost obligations defined herein. Landlord reserves the right to transfer, sell, or assign its obligations and rights under this Lease at any time without prior approval from Tenant. Tenant will be provided notice of any such transfer, sale, or assignment affecting the terms of its this Lease or Tenant’s payment obligations hereunderand shall thereafter be obligated to any such transferee, and Tenant shall remain fully liable thereforpurchaser, or assignee for the performance of obligations under the terms of this Lease.
Appears in 1 contract
Sources: Lease Agreement
Assignment Subleasing. Tenant covenants and agrees that it will shall 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 Property without in each instance having first received the express Landlord's prior written consent of Landlord. Such consent, which consent shall not be unreasonably withheldwithheld or delayed; it being agreed, however, that Landlord will give its consent to any sublease or assignment 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. If Notwithstanding such consent, Tenant shall remain liable to Landlord for the payment of all Base Rent, Additional Charges, any other charges due hereunder, and for the full performance of the covenants and conditions of this Lease. Landlord's consent is givento any such transfer, it shall be for assignment or subletting during sublease will not be deemed a consent to any subsequent transfer, assignment or sublease. In the main term event of a default under the terms of this Lease, and not for if the Leased Property or any period covered part thereof are then assigned or sublet, Landlord, in addition to any other remedies herein provided or provided by an law, may at its option collect directly from assignee or subtenant all rents becoming due to renew (if any) and in any case where Landlord shall consent to Tenant under such assignment or subletting, Tenant named herein shall remain fully liable for the obligations of sublease and apply such rent against any sums due it by Tenant hereunder, 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 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 no such collection shall be construed to constitute a condition novation or a release of Tenant from 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 covenant against further assignment; but such assignment shall not relieve Tenant of any performance of its obligations hereunder, and . In the event of a permitted sublease. Landlord shall have the right to elect to share equally in any profit to Tenant shall remain fully liable thereforfrom subleasing of the Leased Property.
Appears in 1 contract
Sources: Lease (Phoenix Md Realty LLC)
Assignment Subleasing. Tenant covenants and agrees that it will shall 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 in each instance having first received the express written consent of Landlord. Such , which consent shall not be unreasonably withheldwithheld or delayed. If Landlord's Notwithstanding any such assignment or subletting, Tenant shall remain fully responsible for compliance with all of the terms and conditions of this Lease on the Tenant’s part to be performed. Consent by Landlord to one assignment or sublease shall not impair or waive this provision insofar as subsequent assignments or subleases are concerned, and all later assignments and subleases (except as hereinabove stated) shall likewise by made only on the prior written consent of Landlord (not to be unreasonably withheld or delayed) to the extent such consent is given, it shall be for assignment or subletting during the main term of the Lease, and not for any period covered by an option to renew (if any) and in required hereunder as aforesaid. In any case where Landlord shall consent to such assignment or subletting, : any use of the Leased Premises by such sublet or assignment shall not violate any use restrictions; and Tenant named herein shall remain fully liable for the obligations of Tenant hereunder, 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 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 covenant against further assignment; but such assignment shall not relieve Tenant of any of its obligations hereunder, and Tenant shall remain fully liable therefor.
Appears in 1 contract
Sources: Triple Net Lease