Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent (hereinafter the "Transfer Premium"), seventy-five percent (75%) of all amounts received by Tenant from the subtenant or assignee in excess of the amounts payable by Tenant to Landlord hereunder. The Transfer Premium shall be reduced by the reasonable brokerage commissions and legal fees actually paid by Tenant in order to assign the Lease or to sublet a portion of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is transferred, the Base Rent and the additional rent shall be determined on a per rentable square foot basis. "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Notwithstanding the foregoing, this section 12.6 shall not apply to a bona fide Permitted Transfer.
Appears in 1 contract
Sources: Lease Agreement (Noosh Inc)
Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent (hereinafter the "Transfer Premium"), seventy-five fifty percent (7550%) of all amounts received by Tenant from the such assignee or subtenant or assignee in excess of the amounts payable by Tenant to Landlord hereunderhereunder (the "Transfer Premium"). The Transfer Premium shall be reduced by the reasonable brokerage commissions and legal fees actually paid by Tenant in order to assign the Lease or to sublet a portion of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is transferred, the Base Rent and the additional rent shall be determined on a per rentable square foot basis. "Transfer Premium" shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Notwithstanding For purposes of calculating the foregoingTransfer Premium, this section 12.6 shall not apply to a bona fide Permitted Transferexpenses will be amortized over the life of the sublease.
Appears in 1 contract
Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent (hereinafter the "Transfer Premium"), seventy-five fifty percent (7550%) of all the gross amounts received by Tenant from the such assignee or subtenant or assignee in excess of the amounts payable by Tenant to Landlord hereunderhereunder (the “Transfer Premium”). The Transfer Premium shall be reduced by (i) costs actually paid by Tenant to prepare the Premises for occupancy by such assignee or sublessee, (ii) the reasonable brokerage commissions and legal fees actually paid by Tenant in order to assign the Lease or to sublet all or a portion of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant and (iii) if not included in excess of the Base Rent and additional rent payable (ii) above, reasonable advertising costs actually paid by Tenant under this Leasein connection with such subletting. If less than all of the Premises is transferred, the Base Rent and the additional rent shall be determined on a per rentable square foot basis. "“Transfer Premium" ” shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, the fair value of any work or services provided by the assignee or subtenant for Tenant, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Notwithstanding the foregoing, this section 12.6 shall not apply to a bona fide Permitted Transfer.
Appears in 1 contract
Sources: Lease Agreement (Oxigene Inc)
Transfer Premium from Assignment or Subletting. Landlord shall be entitled to receive from Tenant (as and when received by Tenant) as an item of additional rent (hereinafter the "Transfer Premium"), seventyone-five percent (75%) half of all amounts received by Tenant from the subtenant or assignee in excess of the amounts payable by Tenant to Landlord hereunderhereunder (hereinafter the “Transfer Premium”). The Transfer Premium shall be reduced by the reasonable brokerage commissions and legal fees actually paid by Tenant in order to assign the Lease or to sublet a portion of the Premises. "Transfer Premium" shall mean all Base Rent, additional rent or other consideration of any type whatsoever payable by the assignee or subtenant in excess of the Base Rent and additional rent payable by Tenant under this Lease. If less than all of the Premises is transferred, the Base Rent and the additional rent shall be determined on a per rentable square foot basis. "Transfer Premium" Premium shall also include, but not be limited to, key money and bonus money paid by the assignee or subtenant to Tenant in connection with such Transfer, and any payment in excess of fair market value for services rendered by Tenant to the assignee or subtenant or for assets, fixtures, inventory, equipment, or furniture transferred by Tenant to the assignee or subtenant in connection with such Transfer. Notwithstanding For purposes of calculating the foregoingTransfer Premium, this section 12.6 shall not apply to a bona fide Permitted Transferexpenses will be amortized over the life of the sublease.
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