Transfers Prohibited Without Consent. Except as provided in Section 13.4 hereof, Tenant shall not, without the prior written consent of Landlord, in each instance, sell, assign or otherwise transfer this Lease, or Tenant's interest in the Premises, in whole or in part, or any rights or interest which Tenant may have under this Lease, or sublet the Premises, or any part thereof, or grant or permit any lien or encumbrance on or security interest in Tenant's interest in this Lease. If given, the consent of Landlord to an assignment, transfer, subletting or encumbrance shall in no event be construed to relieve Tenant or such assignee or subtenant from the obligation of obtaining the express consent in writing of Landlord to any further assignment, transfer, subletting or encumbrance. In addition, any such approved assignee shall expressly assume this Lease by an agreement in recordable form, an original executed counterpart of which shall be delivered to Landlord prior to any assignment of the Lease. Any assignment, transfer, sublease or encumbrance in violation of this Article shall be voidable at Landlord's option. The terms of Section 23.9 shall not be applicable to Landlord's approval hereunder.
Appears in 2 contracts
Sources: Lease Agreement (CNL Hospitality Properties Inc), Lease Agreement (CNL Hospitality Properties Inc)
Transfers Prohibited Without Consent. Except as provided in Section 13.4 hereofbelow, Tenant shall not, without the prior written consent of Landlord, which consent shall not be unreasonably withheld or delayed, in each instance, sell, assign or otherwise transfer this Lease, or Tenant's interest in the PremisesLeased Property, in whole or in part, or any rights or interest which Tenant may have under this Lease, or sublet the PremisesLeased Property, or any part thereof, or grant or permit any lien or encumbrance on or security interest in Tenant's interest in this Lease. If When given, the consent of Landlord to an assignment, transfer, subletting or encumbrance shall in no event be construed to relieve Tenant or such assignee or subtenant from the obligation of obtaining the express consent in writing of Landlord to any further assignment, transfer, subletting transfer or encumbrance. In addition, any such approved assignee shall expressly assume this Lease by an agreement in recordable form, an original executed counterpart of which shall be delivered to Landlord prior to any assignment of the Leasesubletting. Any assignment, transfer, transfer or sublease or encumbrance in violation of this Article Paragraph 15 shall be voidable at Landlord's option. The terms For purposes of Section 23.9 shall not be applicable to this Paragraph, Landlord's approval hereunderconsent shall conclusively be deemed reasonably withheld if the effect of any such transfer would adversely affect the Real Estate Investment Trust ("REIT") status or the treatment of Landlord or its Parent under applicable REIT regulations.
Appears in 1 contract
Sources: Property Lease Agreement (Brookdale Senior Living Inc.)