Common use of Lessee Assignment Clause in Contracts

Lessee Assignment. Except for an assignment to an Affiliate (defined below), Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation, if Lessee’s voting securities are not traded on any national securities exchange, by transfer of more than a twenty five percent (25%) interest in Lessee in a single transaction or in a series of transactions, which transfer will be deemed an assignment) or mortgage or pledge the same or sublet the Leased Premises, in whole or in part, without the prior written consent of Lessor which consent may, in Lessor’s reasonable discretion, be withheld, and in no event will any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. No assignee or sublessee of the Leased Premises or any portion thereof may assign or sublet the Leased Premises or any portion thereof. Notwithstanding the foregoing to the contrary, an Affiliate which is an assignee, may assign this Lease to another Affiliate of Lessee. As used in this Lease, an “Affiliate” means any subsidiary or parent of Lessee, any other entity that is a subsidiary of Lessee’s parent, and any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets or stock of Lessee.

Appears in 2 contracts

Sources: Sublease (Gevo, Inc.), Sublease (Gevo, Inc.)

Lessee Assignment. Except for an assignment to an Affiliate (defined below), Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation, if Lessee’s voting securities are not traded on any national securities exchange, by transfer of more than a twenty five percent (25%) interest in Lessee in a single transaction or in a series of transactions, which transfer will be deemed an assignment) or mortgage or pledge the same or sublet the Leased Premises, in whole or in part, without the prior written consent of Lessor which consent maymay not be unreasonably withheld, conditions or delayed, in Lessor’s reasonable sole discretion, be withheld, and in no event will any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. Lessee may assign, in whole or in part, this Lease to an affiliate without the prior written consent of Lessor; provided, however, such assignee must be of the same or better credit risk as Lessee and of the same or similar type of business as Lessee. It shall not be deemed an assignment in the event Lessee’s stock becomes publicly traded or Lessee’s business is sold. No assignee or sublessee of the Leased Premises or any portion thereof may assign or sublet the Leased Premises or any portion thereof. Notwithstanding the foregoing to the contrary, an Affiliate which is an assignee, may assign this Lease to another Affiliate of Lessee. As used in this Lease, an “Affiliate” means any subsidiary or parent of Lessee, any other entity that is a subsidiary of Lessee’s parent, and any corporation into which Lessee may be merged or consolidated or which purchases all or substantially all of the assets or stock of Lessee.

Appears in 2 contracts

Sources: Commercial Lease (Xtera Communications, Inc.), Commercial Lease (Xtera Communications, Inc.)

Lessee Assignment. Except for an assignment to an Affiliate (defined below), Lessee shall not assign, in whole or in part, this Lease, or allow it to be assigned, in whole or in part, by operation of law or otherwise (including without limitation, if Lessee’s voting securities are not traded on any national securities exchange, by transfer of more than a twenty five percent (25%) interest in Lessee in a single transaction or in a series of transactions, which transfer will be deemed an assignment) or mortgage or pledge the same or sublet the Leased Premisesleased premises, in whole or in part, without the prior written consent of Lessor (which consent may, in Lessor’s reasonable discretion, shall not be withheld, and in unreasonably withheld or delayed). In no event will shall any such assignment or sublease ever release Lessee or any guarantor from any obligation or liability hereunder. No ; moreover, in the event that Lessee shall receive any payments from an assignee or sublessee in excess of (i) the Leased Premises base rent and other payments required to be paid by Lessee pursuant to this Lease and (ii) any refurbishment, commissions or any portion thereof other expenses Lessee may incur in connection with such assignment or subletting, then Lessee shall promptly forward all such excess payments to Lessor. Notwithstanding the foregoing provisions of this Article 9.00 to the contrary, Lessee may from time to time, without Lessor's consent, assign this Lease or sublet the Leased Premises leased premises, or any portion thereof. Notwithstanding , to any parent or subsidiary of Lessee or the foregoing to the contrary, an Affiliate which is an assignee, may assign guarantor of this Lease or any subsidiary of a parent corporation of either Lessee or the guarantor of this Lease (hereinafter collectively referred to another Affiliate as a "Related Party"). Further, any sale or exchange of Lessee. As used in this Lease, an “Affiliate” means any subsidiary or parent of Lessee's stock on a nationally recognized exchange, any other entity that is change in ownership of Lessee as a result of a merger, consolidation, reorganization or the exchange of stock between Lessee's parent company or a subsidiary of Lessee or of Lessee’s parent, and any corporation into which Lessee may be merged 's parent company or consolidated or which purchases the sale of all or substantially all of Lessee's stock or assets shall not be considered an assignment under this article 9.00 and Lessee shall have no obligation to obtain Lessor's consent in the assets or stock event of Lesseeany of such events.

Appears in 1 contract

Sources: Commercial Lease (Gulfstream Aerospace Corp)