Assignments and Subleases Clause Samples

Assignments and Subleases. (a) So long as Tenant is a non-profit entity of the type described in Section 501(c)(3) of the Internal Revenue code of 1986, as amended, Tenant, and its successors and assigns, shall have the unrestricted right to assign this Lease or sublet all or any part of the Premises without the consent of Landlord, subject, however, to the provisions of Section 5.1 above and this Article XIII. Furthermore, so long as Tenant is a non- profit entity of the type described in Section 501(c)(3) of the Internal Revenue code of 1986, as amended, Tenant, and its successors and assigns, shall have the right to assign this Lease or sublet all or any part of the Premises to another non-profit entity of the type described in Section 501(c)(3) of the Internal Revenue code of 1986, as amended, for any use by such non-profit entity; provided, however, that the non-profit entity and its proposed use must be approved in writing by Landlord, such approval not to be unreasonably withheld, conditioned or delayed. Subject to Section 13.2 below, Tenant shall not otherwise assign, sublet or transfer this Lease without the prior written consent of Landlord, which may be granted or withheld in Landlord’s sole discretion. No assignment of this Lease shall be effective unless and until Landlord shall have received an executed counterpart of such assignment, in recordable form, under which the assignee shall have assumed this Lease and agreed to perform and observe the covenants and conditions in this Lease contained on Tenant’s part to be performed and observed. Upon compliance with this paragraph each assignor shall be released from all liability hereunder thereafter accruing. (b) Furthermore, Landlord’s written consent shall be required as a condition to the consummation of any “Corporate Reorganization” by Tenant. A “Corporate Reorganization” shall mean any transaction or series of transactions pursuant to which Tenant (i) converts into, or merges with and into, any entity other than a corporation, or (ii) is no longer an entity of the type described in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended.

Assignments and Subleases. Section 1: Tenant shall not assign this Lease or any of Tenant’s rights or obligations hereunder, or sublet or permit anyone to occupy the Premises or any part thereof, without the prior written consent of Landlord. Any assignment, subletting or occupancy, Landlord’s consent thereto or Landlord’s collection or acceptance of rent from any assignee, subtenant or occupant, shall not be construed as a waiver or release of Tenant from liability hereunder (it being understood that Tenant shall at all times remain primarily liable as a principal and not as a guarantor or a surety) and shall not be construed as relieving Tenant or any assignee, subtenant or occupant from the obligation of obtaining Landlord’s prior written consent to any subsequent assignment, subletting or occupancy. All restrictions and obligations imposed pursuant to this Lease on Tenant or the use and occupancy of the Premises shall be deemed to extend to any subtenant, assignee or occupant of Tenant, and Tenant shall cause such persons to comply with all such restrictions and obligations. Tenant shall not mortgage or hypothecate this Lease. Tenant shall pay the expenses (including attorneys’ fees and hourly fees for Landlord’s employees and agents) incurred by Landlord in connection with reviewing Tenant’s request for Landlord to give its consent to any assignment, subletting, occupancy or mortgage, and Landlord’s receipt of reimbursement for such expenses from Tenant shall be a condition to Landlord providing its consent to such assignment, subletting, occupancy or mortgage. Section 2: If Tenant is a partnership, then any dissolution of Tenant or a withdrawal or change of partners owning a controlling interest in Tenant shall be deemed a voluntary assignment of this Lease. If Tenant is a corporation or a partnership with a corporate general partner, then any dissolution, merger, consolidation or other reorganization of Tenant (or such corporate general partner), or any sale or transfer of a controlling interest of its capital stock, shall be deemed a voluntary assignment of this Lease. Whether Tenant is a partnership, corporation or any other type of entity, then at the option of Landlord, a sale of all or substantially all of its assets shall also be deemed a voluntary assignment of this Lease. Section 3: If any sublease, assignment or other transfer (whether by operation of law or otherwise) provided that the subtenant, assignee or other transferee (or any affiliate thereof) is to pay any ...

Assignments and Subleases. (a) Except as otherwise provided in this Section 9, the Tenant agrees to neither assign or in any way encumber this lease, nor to sublet the Demised Premises, or any part thereof, nor to permit the Demised Premises, or any part thereof, to be used by others, without obtaining the prior written consent of the Landlord in each instance, which will not be unreasonably withheld, conditional or delayed. (b) So long as no event of default shall have occurred and be continuing hereunder, the Tenant may assign this lease without the need for Landlord consent to any corporation into which the Tenant may be merged or with which the Tenant may be consolidated, or to which all or substantially all of the Tenant's assets shall be transferred, provided that such corporation shall have a net worth at least equal to that of the Tenant immediately prior to such merger, consolidation or transfer. The Tenant shall give notice to the Landlord of any assignment under this Section 9(b), and shall deliver to the Landlord an executed counterpart of the instrument effecting such assignment, together with an undertaking by any such corporation to agree to be bound by and to perform all of the Tenant's obligations hereunder. The Tenant shall pay to the Landlord fifty percent (50%) of all profit derived by the Tenant from such assignment or sublease in accordance with the provisions of Section 9(c) below. (c) In the event of an approved assignment or sublease, Landlord shall be entitled to receive 50% of the Profits actually received by Tenant pursuant to such approved sublease or assignment. Whenever Landlord is entitled to share in any excess income resulting from an assignment or sublease of the Demised Premises, the following shall constitute the definition of the Profits: Profits, as that term is used or described in the lease, shall mean the gross revenue received from the assignee or sublessee during the sublease term or during the assignment, less: (i) the gross revenue paid to Landlord by Tenant during the period of the sublease term or during the assignment; (ii) the gross revenue paid to Landlord by Tenant for all days the portion of the Demised Premises in question was vacated from the date that Tenant first vacated that portion of the Demised Premises until the date the assignee or sublessee was to pay rent; (iii) any improvement allowance or other economic concessions (planning allowance, moving expenses, etc.) paid; (iv) lease takeover payments; (v) costs of advertisin...

Assignments and Subleases. Unless the City is in default under the Lease, the Authority may not assign its rights under this Site Lease or sublet all or any portion of the Leased Property, except as provided in the Assignment Agreement and in the Lease, without the prior written consent of the City.

Assignments and Subleases. Unless the County shall be in default under the Facilities Lease, the Authority may not assign its rights under this Site Lease or sublet the Facilities, except pursuant to the Facilities Lease, without the written consent of the County, which consent may be withheld in the County’s sole and absolute discretion. Upon the occurrence of a default by the County under the Facilities Lease, the Authority may assign or sell its rights under this Site Lease or sublet the Facilities, without the consent of the County.

Assignments and Subleases. Tenant shall not assign this lease or sublet any part of the Premises without the written consent of the Landlord, which shall not be unreasonably withheld.

Assignments and Subleases. Lessee shall not, without the prior written consent of Lessor, assign or sublet this Agreement, or the lease made hereunder, or the Premises leased hereby or any interest therein. If Lessee attempts to assign this Agreement or allows the Premises to be occupied by anyone other than Lessee, Lessor may collect rent and other charges due under this Agreement from the assignee or occupant, and apply the net amount collected to the amount herein due and no such collection shall be deemed a waiver of the condition herein against assignment or subletting, or as an acceptance of the assignee or occupant as a lawful resident of this Community or of the premises and in such case, Lessee shall remain liable to Lessor for all provisions of this Agreement. Lessor, in its sole discretion may agree in advance, in writing to an assignment or sublease only upon satisfaction of the following conditions: receiving and approving, in Lessor's sole discretion, a completed rental application from the proposed assignee under Lessor's current underwriting criteria.

Assignments and Subleases. Unless the District shall be in default under the Lease Agreement, the Corporation may not assign its rights under this Site and Facility Lease or sublet the Property, except as provided in the Lease Agreement and the Assignment Agreement, without the written consent of the District and the Assignee. The District consents to the assignment of the Corporation’s interest in this Site and Facility Lease to the Assignee. If the District is in default under the Lease Agreement, the Assignee (including their successors and assigns under the Lease Agreement) may fully and freely assign and sublease the Property or any portion thereof, subject to this Site and Facility Lease.

Assignments and Subleases. (a) Except as otherwise herein provided in Section 5.1, Lessee shall not assign, mortgage, pledge, hypothecate or encumber this Lease or the leasehold estate hereby created or any interest herein, or sublet the Premises or any portion thereof, or license the use of all or any portion of the Premises, without the prior consent of Lessor, which consent shall not be unreasonably withheld. Subject to receipt of such consent, this Lease may be assigned or transferred in whole or in part, by Lessee provided that the provisions of Section 11.7(d) have been completed and Lessor has elected not to proceed with the purchase of the Hotel and/or this Lease; provided, however, any proposed assignee, during the Term of this Lease, (i) may not as its primary business own, lease or operate any casino or gambling facility if such business, ownership, leasing or operating might reasonably impair the ability of the Lessee or the Hotel Operator, as applicable, to obtain or retain any necessary regulatory approvals for the operation of the Hotel; (ii) may not own or operate a distillery, winery or brewery or a distributorship of alcoholic beverages if such ownership or operation might reasonably impair the ability of the Lessee or the Hotel Operator, as applicable, to obtain or retain liquor licenses for the Hotel; and (iii) must have sufficient financial capability to carry out its obligations under this Lease. The consent by Lessor to one assignment, subletting, mortgage, pledge, hypothecation or encumbrance shall not be deemed to be a consent to any further assignment, subletting, mortgage, pledge, hypothecation or encumbrance. In the absence of an express agreement in writing to the contrary and executed by Lessor or except as otherwise provided herein, no assignment, mortgage, pledge, hypothecation, encumbrance, subletting or license hereof or hereunder shall act as a release of Lessee from any of the provisions, covenants and conditions of this Lease on the part of Lessee to be kept and performed, the assignor shall remain primarily liable hereunder and any amendment of this Lease subsequent thereto shall not release the assignor or sublessor from said liability. If the Lessee (or a multiple Lessee) is a corporation, a change or changes in the ownership, whether voluntary, involuntary, by operation of law, or otherwise, which aggregates fifty percent (50%) or more of the total capital stock of Lessee or fifty percent (50%) or more of the voting capital stock of Lessee, s...