Request for Consent. If Tenant seeks to make a Transfer, Tenant shall notify Landlord, in writing, and deliver to Landlord at least thirty (30) days (but not more than one hundred eighty (180) days) prior to the proposed commencement date of the Transfer (the "Proposed Effective Date") the following information and documents (the "Tenants Notice"): (i) a description of the portion of the Premises to be transferred (the "Subject Space"); (ii) all of the terms of the proposed Transfer including without limitation, the Proposed Effective Date, the name and address of the proposed Transferee, and a copy of the existing or proposed assignment, sublease or other agreement governing the proposed Transfer; (iii) current financial statements of the proposed Transferee certified by an officer, member, partner or owner thereof, and any such other information as Landlord may then reasonably require, including without limitation, audited financial statements for the previous three (3) most recent consecutive fiscal years, if available; (iv) the Plans and Specifications (defined below), if any; and (v) such other information as Landlord may then reasonably require. Tenant shall give Landlord the Tenant's Notice by as provided for in Section 29.9 below, addressed to Landlord at Landlord's Address specified in the Basic Lease Information. Within twenty (20) days after Landlord's receipt of the Tenant's Notice (the "Landlord Response Period") Landlord shall notify tenant, in writing, of its determination with respect to such
Appears in 1 contract
Sources: Lease Agreement (New Focus Inc)
Request for Consent. If Tenant seeks to make a Transfer, Tenant shall notify Landlord, in writing, and deliver to Landlord at least thirty (30) days (but not more than one hundred eighty (180) days) prior to the proposed commencement date of the Transfer (the "“Proposed Effective Date"”) the following information and documents (the "Tenants “Tenant’s Transfer Notice"”): (i) a description of the portion of the Premises to be transferred (the "“Subject Space"”); (ii) all of the terms of the proposed Transfer including without limitation, the Proposed Effective Date, the name and address of the proposed Transferee, and a copy of the existing or proposed assignment, sublease or other agreement governing the proposed Transfer; (iii) current financial statements (balance sheets, income and expense statements and statements of cash flows) of the proposed Transferee certified by an officer, member, partner or owner thereof, and any such other information as Landlord may then reasonably require, including without limitation, audited credit rating (whether private or public) through a nationally recognized credit rating agency, financial statements (balance sheets, income and expense statements and statements of cash flows) for the previous three (3) most recent consecutive fiscal years, if availableyears and other financial documentation which Landlord may request; (iv) the Plans and Specifications (defined below), if any; and (v) such other information as Landlord may then reasonably require. Tenant shall give Landlord the Tenant's Notice by as provided for in Section 29.9 below, addressed to Landlord at Landlord's Address specified in the Basic Lease Information. Within twenty (20) days after Landlord's receipt of the Tenant's Notice (the "Landlord Response Period") Landlord shall notify tenant, in writing, of its determination with respect to suchthen
Appears in 1 contract
Request for Consent. If Tenant seeks to make a Transfer, Tenant shall notify Landlord, in writingwriting ("Tenant's Notice"), and deliver to Landlord at least thirty (30) days (but not more than one hundred eighty (180) days) prior to the proposed commencement date of the Transfer (the "Proposed Effective Date") the following information and documents (the "Tenants Notice"): following: (i) a description of the portion of the Premises to be transferred (the "Subject Space"); (ii) all of the terms of the proposed Transfer Transfer, including without limitation, the Proposed Effective Date, the name and address of the proposed Transferee, and a copy of the existing or proposed assignment, sublease or other agreement governing the proposed Transfer; (iii) current financial statements of the proposed Transferee certified by an officer, member, partner or owner thereof, and any such other information as Landlord may then reasonably require, including without limitation, audited financial statements for the previous three (3) most recent consecutive fiscal years, if available; (iv) the Plans and Specifications (defined below), if any; and (viv) such other information as Landlord may then reasonably require. Tenant shall give Landlord the Tenant's Notice by as provided for in Section 29.9 below, addressed to Landlord at Landlord's Address specified in the Basic Lease Information. Within twenty fifteen (2015) days after Landlord's receipt of the Tenant's Notice (the "Landlord Response Period") Landlord shall notify tenantTenant, in writing, of its determination with respect to suchsuch requested proposed Transfer and Landlord's election as set forth in Section 14.5. If Landlord does not elect to recapture pursuant to Section 14.5 and Landlord does consent to the requested proposed Transfer, Tenant may thereafter assign its interests in and to this Lease or sublease all or a portion of the Premises to the same party and on the same terms as set forth in the Tenant's Notice.
Appears in 1 contract
Sources: Lease Agreement (Spansion Inc.)
Request for Consent. If Tenant seeks to make a Transfer, Tenant shall notify Landlord, in writing, and deliver to Landlord at least thirty (30) days (but not more than one hundred eighty (180) days) prior to the proposed commencement date of the Transfer (the "Proposed Effective Date") the following information and documents (the "Tenants Tenant Notice"): (i) a description of the portion of the Premises to be transferred (the "Subject Space"); (ii) all of the terms of the proposed Transfer including without limitation, the Proposed Effective Date, the name and address of the proposed Transferee, and a copy of the existing or proposed assignment, sublease or other agreement governing the proposed Transfer; (iii) current financial statements of the proposed Transferee certified by an officer, member, partner or owner thereof, and any such other information as Landlord may then reasonably require, including without limitation, audited financial statements for the previous three (3) most recent consecutive fiscal years, if available; (iv) the Plans and Specifications (defined below), if any; and (v) such other information as Landlord may then reasonably require. Tenant shall give Landlord the Tenant's Notice by as provided for in Section 29.9 below, registered or certified mail addressed to Landlord at Landlord's Address specified in the Basic Lease Information. Within twenty thirty (2030) days after Landlord's receipt of the Tenant's Notice (the "Landlord Response Period") Landlord shall notify tenantTenant, in writing, of its determination with respect to suchsuch requested proposed Transfer and the election to recapture as set forth in Section 14.5
Appears in 1 contract
Sources: Lease Agreement (Loudcloud Inc)
Request for Consent. If Tenant seeks to make a Transfer, Tenant shall notify Landlord, in writingwriting (“Tenant’s Notice”), and deliver to Landlord at least thirty (30) days (but not more than one hundred eighty (180) days) prior to the proposed commencement date of the Transfer (the "“Proposed Effective Lease Date"”) the following information and documents (the "Tenants Notice"): following: (i) a description of the portion of the Premises to be transferred (the "“Subject Space"”); (ii) all of the terms of the proposed Transfer Transfer, including without limitation, the Proposed Effective Lease Date, the name and address of the proposed Transferee, and a copy of the existing or proposed assignment, sublease or other agreement governing the proposed Transfer; (iii) current financial statements of the proposed Transferee certified by an officer, member, partner or owner thereof, and any such other information as Landlord may then reasonably requireand, including without limitationif available, audited financial statements for the previous three (3) most recent consecutive fiscal years, if available; (iv) the Plans and Specifications (defined below), if any; and (viv) such other information as Landlord may then reasonably require. Tenant shall give Landlord the Tenant's Notice by as provided for in Section 29.9 below, addressed to Landlord at Landlord's Address specified in the Basic Lease Information. Within twenty thirty (2030) days after Landlord's ’s receipt of the Tenant's ’s Notice (the "“Landlord Response Period"”) Landlord shall notify tenantTenant, in writing, of its determination with respect to suchsuch requested proposed Transfer and Landlord’s election as set forth in Section 14.5. If Landlord does not elect to recapture pursuant to Section 14.5 and Landlord does consent to the requested proposed Transfer, Tenant may thereafter assign its interests in and to this Lease or sublease all or a portion of the Premises to the same party and on the same terms as set forth in the Tenant’s Notice.
Appears in 1 contract
Sources: Lease Agreement (Ambarella Inc)