Common use of Request for Transfer Clause in Contracts

Request for Transfer. Tenant shall give Port at least forty-five (45) days prior written notice of any desired Transfer (herein "Notice of Request to Transfer") and shall provide Port with the following information in writing: (a) the name, address, legal composition and ownership of the proposed transferee, (b) the current balance sheet and profit and loss statements (herein "financial statements") for the proposed transferee and for any other entity or person who is to be liable for Tenant's obligations under this Lease, such financial statements to be certified in writing to be true and correct and to be prepared in accordance with generally accepted accounting principles and to cover a period of three years prior to the proposed effective date of the Transfer (or for such shorter period as the proposed transferee or other person may have been in existence), (c) a full description of the terms and conditions of the proposed Transfer, including copies of any and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d) a description of the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements to the Premises that may be undertaken by such transferee in order to facilitate its proposed use, (e) complete information regarding all payments to be made or other consideration to be given in connection with the Transfer; (f) a list of personal, business and credit references of the proposed transferee, (g) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence as may be requested by Port, all in sufficient detail to enable Port to evaluate the proposed Transfer and the prospective transferee. Tenant's Notice of Request to Transfer shall not be deemed to have been served or given until such time as Tenant has provided Port with all information set forth hereinabove. Tenant shall immediately notify Port of any modifications to the proposed terms of the Transfer.

Request for Transfer. Tenant Lessee shall give Port Lessor at least forty-five thirty (4530) days prior written notice of any desired Transfer (herein "Notice of Request to Transfer") and shall provide Port with the following information in writing: (a) the name, address, legal composition and ownership of the proposed transfereeterms of such Transfer, (b) including but not limited to: the current balance sheet name and profit and loss statements (herein "financial statements") for legal composition of the proposed transferee and for any other entity or person who is to be liable for Tenant's obligations under this Lease, such Transferee; a financial statements to be statement of the proposed Transferee certified in writing to be as true and correct by its chief financial officer (or a person holding a similar position) or a CPA firm and to be prepared in accordance with generally accepted accounting principles and to cover a period of three years within one year prior to the proposed effective date of the Transfer (or for such shorter period as Transfer; the proposed transferee or other person may have been in existence), (c) a full description of the terms and conditions nature of the proposed Transfer, including copies of any and all proposed sublease or assignment agreements or other documents and instruments concerning Transferee’s business to be carried on in the proposed Transfer, (d) a description of Premises; the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements to the Premises that may be undertaken by such transferee in order to facilitate its proposed use, (e) complete information regarding all payments payment to be made or other consideration to be given in connection with on account of the Transfer; (f) a list of personal, business and credit references of the proposed transferee, (g) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence such pertinent information as may be reasonably requested by PortLessor (provided any such information which is proprietary or otherwise confidential and is not necessary for the determination as to whether the prospective Transferee has met the Net Worth Standard may be withheld), all in sufficient detail to enable Port Lessor to evaluate the proposed Transfer and the prospective transfereeTransferee. Tenant's Notice of Request to Transfer Lessee’s notice shall not be deemed to have been served or given until such time as Tenant Lessee has provided Port Lessor with all information set forth hereinabovespecified above and all additional information requested by Lessor pursuant to this Article 13d. Tenant Lessee shall immediately notify Port Lessor of any modifications modification to the proposed terms of such Transfer. Provided the Transferfollowing recapture right shall not apply to Permitted Transfers, notwithstanding any other provision to the contrary in this Lease, upon receipt of any notice from Lessee requesting any Transfer pursuant to this Article, Lessor shall have the right and option, by written notice to Lessee (a “Recapture Notice”) given on or before the date which is thirty (30) days after Lessor’s receipt of such notice, to recapture the Premises, in which case this Lease shall terminate on the date which is thirty (30) days after Lessee’s receipt of a Recapture Notice. Upon any such termination of this Lease, the parties shall be relieved of all further obligations under this Lease, except for any liability theretofore accrued and those obligations which survive the termination of this Lease pursuant to any provision hereof.

Request for Transfer. If Tenant desires to Transfer this Lease in whole or in part, Tenant shall give Port at least forty-five submit to Landlord (45i) days prior written notice of any desired Transfer (herein "Notice of Request to Transfer") and shall provide Port with the following information in writing: (a) , the name, address, legal composition name and ownership address of the proposed transfereeTransferee, (b) the current balance sheet and profit and loss statements (herein "financial statements") for a reasonably detailed statement of the proposed transferee Transferee's business and for reasonably detailed financial references and information concerning the financial condition of the proposed Transferee; (ii) a fully executed copy of the proposed Transfer document, the effective date of which shall be at least thirty (30) days after the date on which Tenant shall have furnished Landlord with all of the information required pursuant to (i) above and which shall be conditioned on Landlord's consent thereto; and (iii) an agreement in form and substance satisfactory to Landlord by Tenant to indemnify Landlord against liability resulting from any other entity claim made against Landlord by the proposed Transferee or person who is to be liable for by any broker claiming a commission in connection with the proposed Transfer. Tenant's obligations under this Leasenotice and request for Landlord's consent to Transfer shall also be deemed to constitute Tenant's offer to reconvey to Landlord, such financial statements to be certified in writing to be true and correct and to be prepared in accordance with generally accepted accounting principles and to cover a period as of three years prior to the proposed effective date of the Transfer (or for such shorter period as the proposed transferee or other person may have been in existence)Transfer, (c) a full description that portion of the terms and conditions Premises which is the subject of the proposed Transfer, including copies which offer shall contain an undertaking by Tenant to accept, as full and adequate consideration for the reconveyance, Landlord's release of any Tenant from all future Rent and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d) a description of the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements obligations under this Lease with respect to the Premises that may be undertaken by such transferee or the portion thereof so reconveyed. Landlord, in order to facilitate the sole and unfettered exercise of its proposed usediscretion, shall accept or reject the offered reconveyance within thirty (e30) complete information regarding all payments to be made or other consideration to be given in connection with the Transfer; (f) a list of personal, business and credit references days of the proposed transfereeoffer, and, if Landlord accepts, the reconveyance shall be evidenced by an agreement in form and substance acceptable to Landlord. If Landlord fails to accept or reject the offer within the thirty (g30) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence as may be requested by Port, all in sufficient detail to enable Port to evaluate the proposed Transfer and the prospective transferee. Tenant's Notice of Request to Transfer day period then Landlord shall not be deemed to have been served or given until rejected the offer of reconveyance, but no such time as Tenant has provided Port with all information set forth hereinabove. Tenant rejection shall immediately notify Port of any modifications be deemed to be a consent to the proposed terms of the requested Transfer.. [SEE RIDER]

Request for Transfer. Tenant shall give Port Landlord at least forty-five sixty (4560) days days' or twenty (20) days' notice (in the case of a Parking License) prior written notice of any desired requested Transfer (herein "Notice of Request to Transfer") and shall provide Port with the following information in writing: (a) the name, address, legal composition and ownership of the proposed transfereeterms of such Transfer ("Transfer Notice"), including but not limited to: (bi) the current balance sheet name and profit and loss statements legal composition of the proposed assignee, sublessee, encumbrancer or transferee (herein "Transferee"), or the Parking Licensee; (ii) the proposed Transferee's financial statements"statement(s) for the proposed transferee and for any other entity or person who is to be liable for Tenant's obligations under this Leaseprior three (3) years, such financial statements to be certified in writing to be true and correct and to be prepared in accordance with generally accepted accounting principles consistently applied; (iii) the portion of the Premises Tenant proposes to Transfer (including square footage and to cover a period location or license); (iv) such other information as Landlord may reasonably require; and, (v) the nature of three years prior to the proposed effective date of Transferee's business to be carried on in the Transfer Premises and shall, in addition, pay Landlord One Thousand and No/100 Dollars (or $1,000.00) as reimbursement for such shorter period as the proposed transferee or other person may have been Landlord's attorneys' fees and administrative costs in existence), (c) a full description of reviewing the terms and conditions of the proposed Transfer, including copies of any and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d) a description of the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements to the Premises that may . The foregoing terms shall be undertaken by such transferee in order to facilitate its proposed use, (e) complete information regarding all payments to be made or other consideration to be given in connection with the Transfer; (f) a list of personal, business and credit references of the proposed transferee, (g) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence as may be requested by Port, all in sufficient detail to enable Port Landlord to evaluate the proposed Transfer or Parking License and the prospective transfereeTransferee or Parking Licensee. Tenant's Within thirty (30) days after receipt of the Transfer Notice or ten (10) days (in the case of Request to a Parking License), Landlord shall either approve or disapprove of such Transfer or Parking License; provided, however, that Landlord shall not be deemed to have been served disapproved the Transfer Notice if Landlord has not sent Tenant written notice of Landlord's approval within such thirty (30) day period or given until within such time as Tenant has provided Port with all information set forth hereinaboveten (10) day period in the case of a Parking License. Tenant shall immediately notify Port Landlord of any modifications modification to the proposed terms of such Transfer or Parking License. Tenant shall also provide to Landlord copies of the Transferfully executed documents pertaining to the Transfer or Parking License after the Transfer or Parking License has become effective.

Request for Transfer. Tenant Sublessee shall give Port at least forty-five Sublessor twenty (4520) days prior written notice of any desired Transfer (herein "Notice of Request to Transfer") and , which notice shall provide Port with include the following information in writinginformation: (ai) the name, address, term or duration of such Transfer; (ii) the nature of the Transfer; (iii) the name and legal composition and ownership of the proposed transferee, Transferee; (biv) the current balance sheet allocation of responsibilities and profit obligations between Sublessee and loss statements (herein "financial statements") for the proposed transferee and for any other entity or person who is to be liable for Tenant's obligations under this Lease, such Transferee; (v) an audited financial statements to be certified in writing to be true and correct and to be statement prepared in accordance with generally accepted accounting principles (or a statement providing equivalent information and to cover evidencing the truth and completeness of the information contained therein) of the proposed Transferee dated as of a date, and for the period of three years ending on such date, which is within fifteen (15) months prior to the proposed effective date of the Transfer Transfer; (or for such shorter period as vi) the proposed transferee or other person may have been in existence), (c) a full description of the terms and conditions nature of the proposed TransferTransferee's business to be carried on in the Premises (including, including copies of without limitation, any and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d) a description of the proposed use of Hazardous Materials); and (vii) the Premises by the proposed transferee, including any required or desired Alterations or Improvements to the Premises that may be undertaken by such transferee in order to facilitate its proposed use, (e) complete information regarding all payments payment to be made or other consideration to be given in connection with on account of the Transfer; (f) a list of personal, business and credit references of the proposed transferee, (g) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence as may be requested by Port, all in reasonably sufficient detail to enable Port Sublessor to evaluate the proposed Transfer and the prospective transfereeTransferee. TenantSublessee's Notice of Request to Transfer notice shall not be deemed to have been served or given until such time as Tenant Sublessee has provided Port Sublessor with all information set forth hereinabovespecified above, but Sublessor shall promptly notify Sublessee of any missing or incomplete information. Tenant Sublessee shall immediately notify Port Sublessor of any modifications modification to the proposed terms foregoing items. Sublessor's consent to any Transfer for which consent is required or requested hereunder shall be based on the financial ability of the TransferTransferee to perform its obligations under the proposed Transfer (including, but not limited to, the obligations set forth in Paragraph 28 of this Sublease) and whether the Transferee's proposed use is permitted by the Master Lease and this Sublease.

Request for Transfer. In the event Tenant desires to undertake a Transfer, Tenant shall give Port Landlord at least forty-five (45) days prior written notice of any desired thereof (“Transfer (herein "Notice of Request to Transfer"Request”) and shall provide Port Landlord with the following information in writing: (a1) the name, address, legal composition and ownership of the proposed transferee, (b2) the current balance sheet and profit and loss statements (herein "“financial statements"”) for the proposed transferee and for any other entity or person who is to be liable for Tenant's ’s obligations under this Lease, such financial statements to be certified in writing to be true and correct and to be prepared in accordance with generally accepted accounting principles and to cover a period of three years prior to the proposed prosed effective date of the Transfer (or for such shorter period as the proposed transferee or other person may have been in existence), (c3) a full description of the terms and conditions of the proposed Transfer, including copies of any and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d4) a description of the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements to the Premises that may be undertaken by such transferee in order to facilitate its proposed use, (e5) complete information regarding all payments to be made or other consideration to be given in connection with the Transfer; (f6) a list of personal, business and credit references of the proposed transferee, (g7) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) 8) any other information, documentation or evidence as may be requested by PortLandlord, all in sufficient detail to enable Port Landlord to evaluate the proposed Transfer and the prospective transferee. Tenant's Notice of ’s Transfer Request to Transfer shall not be deemed to have been served or given until such time as Tenant has provided Port Landlord with all information set forth hereinabovein this Section 12.2. Tenant shall immediately notify Port Landlord of any modifications to the proposed terms of the Transfer.

Request for Transfer. If Tenant desires to Transfer this LEASE IN whole or in part, Tenant shall give Port at least forty-five submit to Landlord (45i) days prior written notice of any desired Transfer (herein "Notice of Request to Transfer") and shall provide Port with the following information in writing: (a) , the name, address, legal composition name and ownership address of the proposed transfereeTransferee, (b) the current balance sheet and profit and loss statements (herein "financial statements") for a reasonably detailed statement of the proposed transferee Transferee's business and for reasonably detailed financial references and information concerning the financial condition of the proposed Transferee; (ii) a copy of the proposed Transfer document, the effective date of which shall be at least thirty (30) days after the date on which Tenant shall have furnished Landlord with all of the information required pursuant to (i) above and which shall be conditioned on Landlord's consent thereto; and (iii) an agreement in form and substance satisfactory to Landlord by Tenant to indemnify Landlord against liability resulting from any other entity claim made against Landlord by the proposed Transferee or person who is to be liable for by any broker claiming a commission in connection with the proposed Transfer. If (i) Tenant's obligations under this Leaseproposed Transfer constitutes a Transfer of all or substantially all of the area of the Premises, such financial statements or (ii) Tenant's proposed Transfer constitutes a Transfer of the Premises or a portion thereof for all or substantially all of the then-remainder of the Term then, in either case, Tenant's notice and request for Landlord's consent to Transfer shall also be certified in writing deemed to be true and correct and constitute Tenant's offer to be prepared in accordance with generally accepted accounting principles and reconvey to cover a period Landlord, as of three years prior to the proposed effective date of the Transfer (or for such shorter period as the proposed transferee or other person may have been in existence)Transfer, (c) a full description that portion of the terms and conditions Premises which is the subject of the proposed Transfer, including copies which offer shall contain an undertaking by Tenant to accept, as full and adequate consideration for the reconveyance, Landlord's release of any Tenant from all future Rent and all proposed sublease or assignment agreements or other documents and instruments concerning the proposed Transfer, (d) a description of the proposed use of the Premises by the proposed transferee, including any required or desired Alterations or Improvements obligations under this Lease with respect to the Premises that may be undertaken by such transferee or the portion thereof so reconveyed. The foregoing provision shall not apply to Transfers excepted from Landlord's approval as provided in order to facilitate Subsection 8.5 above. Landlord, in the sole and unfettered exercise of its proposed usediscretion, shall accept or reject the offered reconveyance within thirty (e30) complete information regarding all payments to be made or other consideration to be given in connection with the Transfer; (f) a list of personal, business and credit references days of the proposed transfereeoffer, and, if Landlord accepts, the reconveyance shall be evidenced by an agreement in form and substance acceptable to Landlord. If Landlord fails to accept or reject the offer within the thirty (g30) a current financial statement of Tenant, (h) a Pre-screening and Leasing Application, or other similar document, completed by the proposed transferee and delivered to Port, and (i) any other information, documentation or evidence as may be requested by Port, all in sufficient detail to enable Port to evaluate the proposed Transfer and the prospective transferee. Tenant's Notice of Request to Transfer day period then Landlord shall not be deemed to have been served or given until rejected the offer of reconveyance, but no such time as Tenant has provided Port with all information set forth hereinabove. Tenant rejection shall immediately notify Port of any modifications be deemed to be a consent to the proposed terms of the requested Transfer.