Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) days after Lessor's receipt of Lessee's proposed assignment of sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options: (1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give Lessee written notice of refusal within ten (10) days after receipt of all documentation. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. As a condition to Lessor's review of any assignment or sublease, Lessee shall deliver to Lessor a non-refundable fee of $500.00 to defer Lessor's administrative costs with respect thereto. In addition, all legal fees and expenses incurred by Lessor in connection with the review by Lessor of Lessee's requested assignment or sublease together with any legal fees and disbursements incurred in the preparation and/or review of any documentation required by the requested assignment or sublease, shall be the responsibility of Lessee and shall be paid by Lessee within five (5) days of demand for payment thereof.
Appears in 1 contract
Sources: Commercial Lease (Techdyne Inc)
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premisespremises to an outside third party, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgmentwith reasonable cause, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.by
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration therefore or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all fifty percent (50%) such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee subtenant all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee subtenant shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (SPR Inc)
Conditions of Assignment. If Lessee desires to assign or sublet all or OR any part of the leased premises, it shall so notify Lessor Lessor, in writing, at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by lawLaw, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Standard Office Showroom/Warehouse Commercial Lease (Bollinger Industries Inc)
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premisesLeased Premises, it Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options:
: (1) to cancel this Lease as to the leased premises Leased Premises or portion thereof proposed to be assigned or sublet; (2) to consent to the proposed assignment or sublease, and, if the rent rental due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the base rent and additional rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee: ; or (3) to refuse, in the exercise of its sole good faith and absolute discretion and judgmentreasonable judgement, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an any event of default, if all or any part of the leased premises Leased Premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee Sublessee desires to assign or sublet all or any part of the leased premisesPremise, it shall so notify Lessor Sublessor at least thirty (30) days in advance of the date on which Lessee Sublessee desires to make such assignment or sublease. Lessee Sublessee shall provide Lessor Sublessor with a copy of the proposed assignment or sublease and such information as Lessor Sublessor might request concerning the proposed sublessee or assignee to allow Lessor Sublessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after Lessor's Sublessor’s receipt of Lessee's Sublessee’s proposed assignment of or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor Sublessor shall have the following options:
: (1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2i) consent to the proposed assignment or sublease, andwhich consent shall not be unreasonably withheld, if the rent due and payable by any assignee conditioned or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: delayed; or (3ii) refuse, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give Lessee , which refusal shall be deemed to have been exercised unless Sublessor gives Sublessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon Notwithstanding the occurrence of an event of defaultforegoing, if all or any part of the leased premises are then assigned or sublet, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor Sublessee shall have a security interest in all properties on the leased premises right, without Sublessor’s consent, to secure payment of such sums. Any collection directly by Lessor from sublet the assignee Subleased Premises or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of assign its obligations rights under this LeaseSublease to Sublessee’s parent company or to a subsidiary or affiliate controlled by Sublessee or its parent company (each a “Subsidiary”) provided Sublessee provides the notice required above and provides such information about the entity as Sublessor may reasonably require.
Appears in 1 contract
Conditions of Assignment. 9.03.01 If Lessee desires to assign or sublet all or any part of the leased premisespremises and ▇▇▇▇▇▇'s consent to such assignment shall be required pursuant to Section 9.02, it Lessee shall so notify Lessor at least thirty 15 days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee Such written notice shall provide Lessor with be accompanied by a copy of the proposed assignment or sublease and such information as Lessor ▇▇▇▇▇▇ might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) days after Lessor's Following receipt of Lessee's proposed assignment of sublease such notice and all required additional information concerning the proposed sublessee or assigneeas Lessor may request, Lessor shall have the following optionsat its option may:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2A) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease ; or
(or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3B) refuse, in its sole and absolute discretion and judgmentafter a review of the appropriate documentation, to consent to the proposed assignment or sublease; .
9.03.02 Lessor will give Lessee shall be deemed to have consented to the proposed assignment or sublease unless ▇▇▇▇▇▇ gives ▇▇▇▇▇▇ written notice of refusal providing otherwise within ten fifteen (1015) days after ▇▇▇▇▇▇'s receipt of all documentation. ▇▇▇▇▇▇'s notice of the proposed assignment or sublease.
9.03.03 Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Office Lease Agreement (Alliance Data Systems Corp)
Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the leased premises, Leased Premises it shall must so notify Lessor Landlord at least thirty twenty (20) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee shall , and provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee subtenant or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee subtenant or assignee. Within five ten (510) business days after Lessor's Landlord’s receipt of Lessee's Tenant’s proposed assignment of or sublease and all required information concerning the proposed sublessee subtenant or assignee, Lessor shall have Landlord is entitled to exercise any of the following options:
: (1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if pursuant to a consent agreement executed by Tenant and the rent due and payable by any proposed assignee or sublessee under any subtenant containing such permitted assignment or sublease (or terms as Landlord may require on a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such spaceform approved by Landlord in its reasonable discretion, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (32) refuserefuse if, in its sole and absolute reasonable discretion and judgment, to consent to the proposed assignment or subleasesublease is unacceptable to Landlord. Any sublease or assignment to the extent permitted hereunder, shall not relieve the Tenant of its liability under the provisions of this Lease. Notwithstanding the preceding provisions of Sections 9.02 and 9.03 above, Tenant may assign or sublet the Leased Premises, or any part thereof, to any entity controlling Tenant, controlled by Tenant, without the prior written consent of Landlord; Lessor will give Lessee provided, however, that Tenant shall immediately provide Landlord with written notice of refusal within ten (10) days after receipt of all documentation. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the such assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Except with respect to a Permitted Transfer, if Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after Lessor's ’s receipt of Lessee's ’s proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
: (1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (32) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease; , which refusal to consent shall not be made unreasonably and shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal providing otherwise within ten said fifteen (1015) days after receipt of all documentationday period. Upon the occurrence of an event of defaultdefault (after passage of all applicable notice and cure periods), if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by any law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments judgements as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's ’s receipt of Lessee's ’s proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
: (1) cancel this Lease as consent to the leased premises proposed assignment of sublease, or portion thereof proposed to be assigned or sublet; (2) refuse, in its reasonable determination to consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee which refusal shall pay be deemed to have been exercised unless Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part party of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rents becoming due clue to Lessee by reason of the assignment or of sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it Lessee shall so notify Lessor at least thirty fifteen (15) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five ten (510) days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as consent to the leased premises proposed assignment or portion thereof proposed to be assigned sublease; or sublet; (2) refuse to consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee which refusal shall pay be deemed to have been exercised unless Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. The terms of this section 9.03 shall not apply to an assignment or subletting to a Related Party.
Appears in 1 contract
Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the leased premisesPremises, it shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) days after Lessor's receipt of Lessee's proposed assignment of sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:judgments
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor all Landlord one-half (1/2) of such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee: Tenant; or (32) refuse, subject to the limitations set forth in its sole and absolute discretion and judgmentSection 9.2 above, to consent to the proposed assignment or sublease; Lessor will give Lessee , which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Landlord shall, upon Tenant's request, provide the reasons for any refusal. Upon the occurrence of an event of default, if all or any part of the leased premises Premises are then assigned or sublet, Lessor Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Lease (Fair Isaac & Company Inc)
Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the leased premisesPremises, it shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) days after Lessor's receipt of Lessee's proposed assignment of sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:the
(1) cancel this Lease as to the leased premises Premises or portion thereof proposed to be assigned assign or sublet; ;
(2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee: Tenant; or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give Lessee , which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises Premises are then assigned assig nod or sublet, Lessor Landlord, in addition to any other remedies remedy's provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor Landlord shall have a security interest in all properties on the leased premises Premises to secure payment of such sums. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premisesLeased Premises, it shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises Leased Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration consideration, less any reasonable expenses incurred in obtaining the assignment or sublease, within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give Lessee written notice of refusal within ten (10) days after receipt of all documentation. Upon the occurrence of an event of default, if all or any part of the leased premises Leased Premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Sublease (Channelpoint Inc)
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease. See Item #3 of Exhibit "B" attached hereto and made a part hereof.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; [omitted] (2) consent to the proposed assignment or sublease, sublease and, if the rent due and payable by any assignee assigneee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgmentjudgement, to consent conceal to the proposed assignment or sublease; sublease which refusal shall be deemed to have been exercised unless Lessor will give Lessee gives lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all any or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease case or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly directly, by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might reasonably request concerning the proposed sublessee or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as consent to the leased premises proposed assignment of sublease, or portion thereof proposed to be assigned or sublet; (2) refuse, in its reasonable determination to consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee which refusal shall pay be deemed to have been exercised unless Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part party of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease lease or provided by law, law may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or of sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Standard Office Lease (Vialog Corp)
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premisesLeased Premises over 3,000 Rentable Square Feet, it Lessee shall so notify Lessor at least thirty (30) days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall submit to Lessor a non-refundable processing fee of $300.00 for each such requests and shall provide Lessor with a copy of the proposed assignment or sublease and such reasonable information as Lessor might request concerning the proposed sublessee sublease or assignee to allow Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, to include a non-refundable processing fee, Lessor shall have the following options:
(1) to cancel this Lease as to the leased premises or portion thereof proposed to be assigned or subletsubleased; (2) to consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) to refuse, in the exercise of its sole good faith and absolute discretion and judgmentreasonable judgement, to consent to the proposed assignment or sublease; , which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an any event of default, if all or any part of the leased premises Leased Premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises Leased Premises to secure payment of such sums. Any collection directly by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Standard Commercial Lease (New Era of Networks Inc)
Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the leased premisesPremises, it shall so notify Lessor Landlord at least thirty seven (7) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five three (53) days after LessorLandlord's receipt of LesseeTenant's proposed assignment of or sublease and all required information concerning the proposed sublessee subleases or assignee, Lessor Landlord shall have the following options:
(1) cancel this Lease as notify Tenant in writing whether it consents to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee . Refusal shall pay be deemed to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; Lessor will give Lessee have been exercised unless Landlord gives Tenant written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises Premises are then assigned or sublet, Lessor Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on with any sums collected to be applied to the leased premises to secure payment of such sumsrent then or next due hereunder. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Lease (Stratasys Inc)
Conditions of Assignment. If Lessee desires to assign or sublet all or any part of the leased premises, it shall so notify Lessor at least thirty days in advance of the date on which Lessee desires to make such assignment or sublease. Lessee shall provide Lessor with a copy of the proposed assignment or sublease and such information as Lessor might request concerning the proposed sublessee or assignee to allow allow, Lessor to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five (5) fifteen days after Lessor's receipt of Lessee's proposed assignment of or sublease and all required information concerning the proposed sublessee or assignee, Lessor shall have the following options:
(1) cancel this Lease as to the leased premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee shall pay to Lessor all such excess rent and other excess consideration within ten days following receipt thereof by Lessee: ; or (3) refuse, in its sole and absolute discretion and judgment, to consent to the proposed assignment or sublease; sublease which refusal shall be deemed to have been exercised unless Lessor will give gives Lessee written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises are then assigned or sublet, Lessor Lessor, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly directly, by Lessor from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Commercial Lease (Learningstar Inc)
Conditions of Assignment. If Lessee Tenant desires to assign or sublet all or any part of the leased premisesPremises, it shall so notify Lessor Landlord at least thirty (30) days in advance of the date on which Lessee Tenant desires to make such assignment or sublease. Lessee Tenant shall provide Lessor Landlord with a copy of the proposed assignment or sublease and such information as Lessor Landlord might request concerning the proposed sublessee or assignee to allow Lessor Landlord to make informed judgments as to the financial condition, reputation, operations and general desirability of the proposed sublessee or assignee. Within five fifteen (515) days after LessorLandlord's receipt of LesseeTenant's proposed assignment of or sublease and all required information concerning the proposed sublessee sublease or assignee, Lessor Landlord shall have the following options:
(1) cancel this Lease as to the leased premises Premises or portion thereof proposed to be assigned or sublet; (2) consent to the proposed assignment or sublease, and, if the rent due and payable by any assignee or sublessee under any such permitted assignment or sublease (or a combination of the rent payable under such assignment or sublease plus any bonus or any other consideration or any payment incident thereto) exceeds the rent payable under this Lease for such space, Lessee Tenant shall pay to Lessor Landlord all such excess rent and other excess consideration within ten (10) days following receipt thereof by Lessee: Tenant; or (3) refuse, in its sole and absolute discretion and judgment, refuse to consent to the proposed assignment or sublease; Lessor will give Lessee , which refusal shall be deemed to have been exercised unless Landlord gives Tenant written notice of refusal within ten (10) days after receipt of all documentationproviding otherwise. Upon the occurrence of an event of default, if all or any part of the leased premises Premises are then assigned or sublet, Lessor Landlord, in addition to any other remedies provided by this Lease or provided by law, may, at its option, collect directly from the assignee or sublessee all rents becoming due to Lessee Tenant by reason of the assignment or sublease, and Lessor shall have a security interest in all properties on the leased premises to secure payment of such sums. Any collection directly by Lessor Landlord from the assignee or sublessee shall not be construed to constitute a novation or a release of Lessee Tenant or any guarantor from the further performance of its obligations under this Lease.
Appears in 1 contract
Sources: Lease Agreement (Bio Vascular Inc)