SEC Filings

10-K
AUDENTES THERAPEUTICS, INC. filed this Form 10-K on 03/13/2017
Entire Document
 

 

Transfer, Lessee shall give notice of any intended Transfer to Lessor and shall provide Lessor with the following information in writing: (i) the name, address and ownership of the proposed transferee, (ii) the current balance sheet, statement of cash flows, report of any litigation in which the proposed Transferee is a party or is a judgment debtor, aged schedule of accounts receivable and payable, profit and loss statements, statement that all taxes payable by the proposed transferee are current, and all notes, if any, to all financial and profit and loss statements for the proposed transferee or any other person to be liable for the Lessee's obligations under this Lease covering the prior three years (or for such shorter period as the proposed transferee or other person may have been in existence), all certified as true and correct by the proposed transferee, other person or an authorized officer thereof, (iii) a full description of the terms and conditions of the proposed Transfer, including copies of any and all documents and instruments, any purchase and sale agreements, sublease agreements, assignment agreements and all other writings concerning the proposed Transfer, (iv) a description of the proposed use of the Premises by the proposed transferee, including any required or desired alterations or improvements to the Premises that may be undertaken by such transferee in order to facilitate its proposed use, and (v) any other information, documentation or evidence that may be reasonably requested by Lessor.  Lessor agrees that it shall hold all such information in confidence if requested to do so by Lessee and shall execute any reasonable confidentiality agreement presented on behalf of and for the benefit of any proposed transferee.

D. In connection with any proposed or requested consent to Transfer, other than an Exempt Transfer, Lessee shall pay to Lessor a transfer fee of $1,000.00 (payment of which shall accompany Lessee's request for Transfer), plus all of Lessor's reasonable attorneys' fees expended in connection with the proposed Transfer not to exceed $5,000.00.  

E. For non-Exempt Transfers, within ten (10) business days after the submission of all required information described in Paragraph 17 C above, Lessor shall give notice to Lessee of its election under Paragraph 17.G.

F.Notwithstanding any other provision of this Paragraph 17, with respect to any Transfer pursuant to which all or a controlling share of Lessee’s issued and outstanding shares of stock and/or all of its assets are to be acquired by a third party,  upon receipt of the information required by Paragraph 17C,  Lessor shall approve the Transfer within the time period set forth in Paragraph 17E above, provided the  proposed transferee (i) possesses a net worth prior to the completion of the contemplated transfer of this Lease equal to or greater than the net worth of

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