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not, in Landlord's reasonable determination, retain Control of the surviving corporation) <br />shall be deemed, for purposes of the foregoing, a transfer of this Lease. Furthermore, <br />notwithstanding anything to the contrary contained herein, if Tenant or any Control Party is a <br />publicly traded entity, any sale or other transfer of any outstanding stock of, or limited <br />partnership interests in, Tenant or such Control Party shall not be deemed an assignment <br />within the meaning of this Article XXIII unless said sale or other transfer is made by a <br />person or entity owning a controlling interest in Tenant or such Control Party and results in a <br />change in the person (s) or entity(ies) having control of Tenant or such Control Party. As <br />used herein, "Constituent Member" shall mean any constituent partner, member, joint <br />venturer, holder of a beneficial interest or shareholder in Tenant or in any partnership, <br />limited liability company, joint venture, trust or corporation holding a direct or indirect <br />interest in Tenant. <br />Section 23.3 No Release of Assignor <br />Notwithstanding any assignment by Tenant of its right, title and interest under this <br />Lease to an assignee approved by Landlord, Tenant shall remain liable for all obligations of <br />Tenant under this Lease. <br />ARTICLE XXIV <br />HYPOTHECATION <br />Section 24.1 Tenant's Right to Hypothecate <br />(a) Notwithstanding the provisions of Article XXIII hereof or any other terms of <br />this Lease to the contrary, but subject to any restrictions set forth in this Article XXIV, <br />LEASE BETWEEN CITY OF SAN LEANDRO <br />AND SAN FRANCISCO BAY CONFERENCE RESORT PAGE 80 <br />2574001\313983.8 <br />