CONCESSIONS SHALL BE AMORTIZED ON A STRAIGHT-LINE BASIS OVER THE RELEVANT TERM.
14.4
INTENTIONALLY DELETED.
14.5
EFFECT OF TRANSFER.
IF LANDLORD CONSENTS TO A TRANSFER, (I) THE
TERMS AND CONDITIONS OF THIS LEASE SHALL IN NO WAY BE DEEMED TO HAVE BEEN WAIVED
OR MODIFIED, (II) SUCH CONSENT SHALL NOT BE DEEMED CONSENT TO ANY FURTHER
TRANSFER BY EITHER TENANT OR A TRANSFEREE, (III) TENANT SHALL DELIVER TO
LANDLORD, PROMPTLY AFTER EXECUTION, AN ORIGINAL EXECUTED COPY OF ALL
DOCUMENTATION PERTAINING TO THE TRANSFER IN FORM REASONABLY ACCEPTABLE TO
LANDLORD, (IV) TENANT SHALL FURNISH UPON LANDLORD'S REQUEST A COMPLETE
STATEMENT, CERTIFIED BY AN INDEPENDENT CERTIFIED PUBLIC ACCOUNTANT, OR TENANT'S
CHIEF FINANCIAL OFFICER, SETTING FORTH IN DETAIL THE COMPUTATION OF ANY TRANSFER
PREMIUM TENANT HAS DERIVED AND SHALL DERIVE FROM SUCH TRANSFER, AND (V) NO
TRANSFER RELATING TO THIS LEASE OR AGREEMENT ENTERED INTO WITH RESPECT THERETO,
WHETHER WITH OR WITHOUT LANDLORD'S CONSENT, SHALL RELIEVE TENANT OR ANY
GUARANTOR OF THE LEASE FROM LIABILITY UNDER THIS LEASE.
LANDLORD OR ITS
AUTHORIZED REPRESENTATIVES SHALL HAVE THE RIGHT AT ALL REASONABLE TIMES TO AUDIT
THE BOOKS, RECORDS AND PAPERS OF TENANT RELATING TO ANY TRANSFER, AND SHALL HAVE
THE RIGHT TO MAKE COPIES THEREOF.
IF THE TRANSFER PREMIUM WITH RESPECT TO ANY
TRANSFER SHALL BE FOUND UNDERSTATED, TENANT SHALL, WITHIN THIRTY (30) DAYS AFTER
DEMAND, PAY THE DEFICIENCY AND LANDLORD'S COSTS OF SUCH AUDIT AND IF UNDERSTATED
BY MORE THAN TEN PERCENT (10%), LANDLORD SHALL HAVE THE RIGHT TO CANCEL THIS
LEASE UPON THIRTY (30) DAYS' NOTICE TO TENANT.
20
14.6
ADDITIONAL TRANSFERS.
FOR PURPOSES OF THIS LEASE, THE TERM
"TRANSFER" SHALL ALSO INCLUDE (I) IF TENANT IS A PARTNERSHIP, THE WITHDRAWAL OR
CHANGE, VOLUNTARY, INVOLUNTARY OR BY OPERATION OF LAW, OF FIFTY-ONE PERCENT
(51%) OR MORE OF THE PARTNERS, OR TRANSFER OF TWENTY-FIVE PERCENT OR MORE OF
PARTNERSHIP INTERESTS, WITHIN A TWELVE (12)-MONTH PERIOD, OR THE DISSOLUTION OF
THE PARTNERSHIP WITHOUT IMMEDIATE RECONSTITUTION THEREOF, AND (II) IF TENANT IS
A CLOSELY HELD CORPORATION (I.E., WHOSE STOCK IS NOT PUBLICLY HELD AND NOT
TRADED THROUGH AN EXCHANGE OR OVER THE COUNTER), (A) THE DISSOLUTION, MERGER,
CONSOLIDATION OR OTHER REORGANIZATION OF TENANT, OR (B) THE SALE OR OTHER
TRANSFER OF MORE THAN AN AGGREGATE OF FIFTY-ONE PERCENT (51%) OF THE VOTING
SHARES OF TENANT (OTHER THAN TO IMMEDIATE FAMILY MEMBERS BY REASON OF GIFT OR
DEATH), WITHIN A TWELVE (12)-MONTH PERIOD, OR (C) THE SALE, MORTGAGE,
HYPOTHECATION OR PLEDGE OF MORE THAN AN AGGREGATE OF FIFTY-ONE PERCENT (51%) OF
THE VALUE OF THE UNENCUMBERED ASSETS OF TENANT WITHIN A TWELVE (12) MONTH
PERIOD.
14.7
PERMITTED TRANSFERS.
AN "AFFILIATE" MEANS ANY ENTITY THAT
(I) CONTROLS, IS CONTROLLED BY, OR IS UNDER COMMON CONTROL WITH TENANT,
(II) RESULTS FROM THE TRANSFER OF ALL OR SUBSTANTIALLY ALL OF TENANT'S ASSETS OR
STOCK, OR (III) RESULTS FROM THE MERGER OR CONSOLIDATION OF TENANT WITH ANOTHER
ENTITY.
"CONTROL" MEANS THE DIRECT OR INDIRECT OWNERSHIP OF MORE THAN FIFTY
PERCENT (50%) OF THE VOTING SECURITIES OF AN ENTITY OR POSSESSION