Common use of Non-Transfers Clause in Contracts

Non-Transfers. Notwithstanding anything to the contrary contained in this Article 13 or elsewhere in this Lease, Tenant may, from time to time, in its sole and absolute discretion, without the consent of Landlord or Master Landlord, provided that Tenant shall deliver to Landlord written notice thereof (except no such notice shall be required for any license or sublicense described in clause (a) hereinbelow which pertains to less than 5,000 rentable square feet of space within the Premises), do any or all of the following (collectively, “Permitted Transfers”), so long as any such Permitted Transfer was not entered into, and the transferee thereof was not formed, as a subterfuge by Tenant, to (1) avoid the obligations contained in this Article 13, or (2) adversely affect the ability of Tenant to satisfy its obligations under this Lease: (a) license and/or sublicense any or all of the Premises to any third parties (including customers of Tenant and customers of such customers) for Colocation; (b) assign, sublease, and/or otherwise transfer the Premises and/or this Lease, and/or Tenant’s interest therein, (i) to any affiliate of Tenant (including any entity that controls, is controlled by, or is under common control, with Tenant), and/or (ii) in connection with any merger, consolidation, sale of stock, sale of assets, sale of Tenant’s business and/or restructuring; and/or (c) assign this Lease (or any of Tenant’s property) as security for any financing obtained by Tenant in the ordinary course of Tenant’s business (and, in connection therewith, Tenant may record in the public records any subleasehold deed of trust or mortgage against the Premises, provided that such deed of trust or mortgage shall not impair Master Landlord’s title to the Project or Landlord’s title to this Lease).

Non-Transfers. Notwithstanding anything to the contrary contained in this Article 13 or elsewhere in this Lease, Tenant may, from time to time, in its sole and absolute discretion, without the consent of Landlord or Master Landlord, provided that Tenant shall deliver to Landlord written notice thereof (except no such notice shall be required for any license or sublicense described in clause (a) hereinbelow which pertains to less than 5,000 rentable square feet of space within the Premises), do any or all of the following (collectively, “Permitted Transfers”), so long as any such Permitted Transfer was not entered into, and the transferee thereof was not formed, as a subterfuge by Tenant, to (1) avoid the obligations contained in this Article 13, or (2) adversely affect the ability of Tenant to satisfy its obligations under this Lease: (a) license and/or sublicense any or all of the Premises to any third parties (including customers of Tenant and customers of such customers) for Colocation; (b) assign, sublease, and/or otherwise transfer the Premises and/or this Lease, and/or Tenant’s interest therein, (i) to any affiliate of Tenant (including any entity that controls, is controlled by, or is under common control, with Tenant), and/or (ii) in connection with any merger, consolidation, sale of stock, sale of assets, sale of Tenant’s business and/or restructuring; and/or (c) assign this Lease (or any of Tenant’s property) as security for any financing obtained by Tenant in the ordinary course of Tenant’s business (and, in connection therewith, Tenant may record in the public records any subleasehold leasehold deed of trust or mortgage against the Premises, provided that such deed of trust or mortgage shall not impair Master Landlord’s title to the Project or Landlord’s title to this LeaseProject).