NYC 9/11 Public Portal Document
(b) in the case of a sublease, fifty (50%) percent of the Net Sublease Proceeds,
which shall mean any rents, additional charges or other consideration payable under the sublease
to Tenant by the subtenant which is in excess of the fixed rent and additional rent accruing during
the term of the sublease in respect of the subleased space (at the rate per square foot payable by
Tenant hereunder) pursuant to the terms hereof (including, but not limited to, sums paid for the
sale or rental of Tenant's fixtures, leasehold improvements, equipment, furniture or other
personal property, less, in the case of the sale thereof, the then net unamortized or undepreciated
cost thereof determined on the basis of Tenant's federal income tax returns) after deducting
therefrom Tenant’s Permitted Expenses. The sums payable under this Paragraph (F)(b) shall be
paid to Landlord as and when paid by the subtenant to Tenant.
(c) For purposes of this Paragraph F, “Tenant’s Permitted Expenses” shall
mean the aggregate of (1) brokerage commissions, reasonable legal fees and disbursements and
closing costs to third parties, reasonable advertising expenses, any amounts payable to Landlord
for reimbursement of costs incurred in connection with any proposed sublease or assignment, and
transfer and gains taxes incurred by Tenant to the extent actually paid, and (2) the costs, if any.
incurred by Tenant in recovering possession of the sublease space and in preparing the sublease
space for occupancy, including cash allowances in lieu thereof.
(G) If Tenant is a corporation, the provisions of Paragraph (a) shall apply to a
transfer (by one or more transfers) of a majority of the stock of Tenant as if such transfer of a
majority of the stock of Tenant were an assignment of this Lease; but said provisions shall not
apply to transactions with a corporation into or with which Tenant is merged or consolidated or to
which substantially all of Tenant's assets are transferred or to any corporation which controls or is
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NYC-WTC_000170009
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