Common use of Stock Control Clause in Contracts

Stock Control. The Tenant hereby represents that the majority of the shares of each class of stock of the Tenant now issued and outstanding is owned by ▇▇▇▇ ▇▇▇▇▇▇▇▇, residing at No. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇, and it is expressly understood and agreed that, except with the prior consent of the Landlord, that a Permitted Stockholder (as herein defined) will continue at all times throughout the term of this Lease to own at least 35% of the shares of each class of stock of the Tenant now or hereafter issued and outstanding, and further that the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ (or in the event of his death, a qualified person having achieved and demonstrated a high level of competence in supervising the conduct and operation of a first class restaurant, and whose achieving and demonstrating a high level of competence shall be subject to the approval of the Landlord, which approval shall not be unreasonably withheld or delayed) shall at all times throughout the term of this Lease have effective working control of the business of the Tenant, and the breach of this condition shall be deemed for all purposes an assignment of this Lease in violation of the covenants of Article Seventh hereof. The term "Permitted Stockholder" shall mean (i) the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ or in the event of his death his executor, administrator, heirs or devisees, and (ii) the spouse and/or any child of the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ and/or a trust established by the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ for the benefit of his spouse or child.

Appears in 1 contract

Sources: Lease Agreement (New York Restaurant Group Inc)

Stock Control. The Tenant hereby represents that the majority of the shares of each class of stock of the Tenant now issued and outstanding is owned by ▇▇▇▇ ▇▇▇▇▇▇▇▇, residing at No. ▇▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇.▇. ▇▇▇▇▇, and it is expressly understood and agreed that, except with the prior consent of the Landlord, that a Permitted Stockholder (as herein defined) ), will continue at all times throughout the term of this Lease to own at least 35% of the shares of each class of stock of the Tenant now or hereafter issued and outstanding, and further that the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ (or in the event of his death, a qualified person having achieved and demonstrated a high level of competence in supervising the conduct and operation of a first class restaurant, and whose achieving and demonstrating a high level of competence shall be subject to the approval of the Landlord, which approval shall not be unreasonably withheld or delayed) shall at all times throughout the term of this Lease have effective working control of the business of the Tenant, and the breach of this condition shall be deemed for all purposes an assignment of this Lease in violation of the covenants of Article Seventh hereof. The term "Permitted Stockholder" shall mean (i) the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ or in the event of his death his executor, administrator, heirs or devisees, and (ii) the spouse and/or any child of the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ and/or a trust established by the said ▇▇▇▇ ▇▇▇▇▇▇▇▇ for the benefit of his spouse or child.

Appears in 1 contract

Sources: Lease (Smith & Wollensky Restaurant Group Inc)