X hits on this document

94 views

0 shares

0 downloads

0 comments

21 / 41

EXHIBIT B

SAMPLE PERMITTED TRANSFEREE CLAUSES

Sample #1:  Simple permitted transferee clause:

Tenant shall have the right, without Landlord's consent, but with notice to Landlord, to assign this Lease or sublet all or a portion of the Premises to any parent, subsidiary, affiliate or successor of Tenant, to any person, firm or corporation which shall be controlled by, under the control of, or under common control with Tenant, or to any entity into which Tenant may be merged or consolidated or which purchases all or substantially all of the assets of Tenant.  

Sample #2:  More detailed permitted transferee clause offering the landlord greater protections:

Anything contained in this Section ___ to the contrary notwithstanding, Landlord hereby consents to an assignment of this Lease, or a subletting of all or part of the Premises, to (a) the parent of Tenant or to a wholly-owned subsidiary of Tenant or of such parent, (b) any corporation or other entity into which or with which Tenant may be merged or consolidated, provided that the net worth of the resulting entity is at least equal to the greater of (i) the net worth of Tenant on the date hereof, or (ii) the net worth of Tenant immediately prior to such merger or consolidation, or (c) any entity to which Tenant sells all or substantially all of its assets, provided that such entity expressly assumes all of Tenant's obligations hereunder.  Transfer of all or any portion of the ownership of stock in Tenant shall not be deemed an assignment of this Lease if such transfer is made (x) pursuant to or in connection with an initial public offering or any subsequent offering of the stock of Tenant, or (y) once the stock of Tenant is publicly traded on a recognized public stock exchange.  Landlord agrees that its recapture or lease termination rights set forth elsewhere in this Section°___ shall not apply to or arise in connection with any transaction described in this Section ___.  

21

Document info
Document views94
Page views94
Page last viewedSun Dec 04 12:50:09 UTC 2016
Pages41
Paragraphs458
Words16943

Comments