NYC 9/11 Public Portal Document
accepted accounting principles at least equal to the greater (i) the net worth of Tenant immediately
prior to such merger, consolidation or transfer, or (ii) the net worth of Tenant herein named on
the date of this Lease, and (iii) proof satisfactory to Landlord of such net worth shall have been
delivered to Landlord at least 10 days prior to the effective date of any such transaction.
(H) Any assignment or transfer shall be made only if, and shall not be effective until.
the assignee shall execute, acknowledge and deliver to Landlord an agreement in form and
substance satisfactory to Landlord whereby the assignee shall assume the obligations of this Lease
on the part of Tenant to be performed or observed and whereby the assignee shall agree that the
provisions in Paragraph (A) shall, notwithstanding such assignment or transfer, continue to be
binding upon it in respect of all future assignments and transfers. The original named Tenant
covenants that, notwithstanding any assignment or transfer, whether or not in violation of the
provisions of this Lease, and notwithstanding the acceptance of fixed rent and/or additional rent
by Landlord from an assignee, transferee, or any other party, the original named Tenant shall
remain fully liable for the payment of the fixed rent and additional rent and for the other
obligations of this Lease on the part of Tenant to be performed or observed.
(I) The joint and several liability of Tenant and any immediate or remote successor
in interest of Tenant and the due performance of the obligations of this Lease on Tenant's part to
be
performed or observed shall not be discharged, released or impaired in any respect by any
agreement or stipulation made by Landlord extending the time of, or modifying any of the
obligations of, this Lease, or by any waiver or failure of Landlord to enforce any of the
obligations of this Lease.
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NYC-WTC_000170508
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