Common use of Right to Assign or Sublease Clause in Contracts

Right to Assign or Sublease. Without Landlord's consent, Tenant may (i) assign this Lease in its entirety (including all extension rights, expansion rights and other rights provided herein) or (ii) Sublease all or any portion of the Premises, provided the assignee or sublessee (i) will use the space in question for general office and related purposes consistent with Section 7 above, (ii) is an affiliate of Tenant (including without limitation a parent corporation, subsidiary corporation, "brother-sister" corporation or affiliated partnership), an entity resulting from a merger or consolidation with Tenant or any affiliate of Tenant, an entity succeeding to the business and assets of Tenant, or an entity resulting from the reorganization of Tenant or its affiliates provided any such entity has a net worth equal to or greater than that of Tenant as of the Restatement Effective Date. In the event of such an Assignment or Sublease, and provided that the assignee or sublessee assumes in writing all of the obligations of Tenant under the Lease, Tenant shall be released of all obligations under the Lease. If any such assignee or sublessee under this Section has a net worth greater than Fifty Million Dollars ($50,000,000.00), but less than the net worth of the Tenant as of the execution date of this Lease, Tenant agrees to guarantee the performance of such assignee or sublessee under the Lease for a period of one (1) year after the effective date of the Assignment or Sublease as provided herein; provided further that no such Assignment or Sublease effective prior to October 1, 2010, shall release Tenant of its obligations under this Restated Lease.

Appears in 1 contract

Sources: Lease (Starbucks Corp)

Right to Assign or Sublease. Without Landlord's consent, Tenant may (i) assign this Lease in its entirety (including all extension rights, expansion rights and other rights provided herein) or (ii) Sublease all or any portion of the Premises, provided the assignee or sublessee (i) will use the space in question for general office and related purposes consistent with Section 7 above, (ii) is an affiliate of Tenant (including without limitation a parent corporation, subsidiary corporation, "brother-sister" corporation or affiliated partnership), an entity resulting from a merger or consolidation with Tenant or any affiliate of Tenant, an entity succeeding to the business and assets of Tenant, or an entity resulting from the reorganization of Tenant or its affiliates provided any such entity has a net worth equal to or greater than that of Tenant as of the Restatement Effective Date. In the event of such an Assignment or Sublease, and provided that the assignee or sublessee assumes in writing all of the obligations of Tenant under the Lease, Tenant shall be released of all obligations under the Lease. If any such assignee or sublessee under this Section has a net worth greater than Fifty Million Dollars ($50,000,000.00), but less than the net worth of the Tenant as 60 <PAGE> of the execution date of this Lease, Tenant agrees to guarantee the performance of such assignee or sublessee under the Lease for a period of one (1) year after the effective date of the Assignment or Sublease as provided herein; provided further that no such Assignment or Sublease effective prior to October 1, 2010, shall release Tenant of its obligations under this Restated Lease.

Appears in 1 contract

Sources: Lease