Accelerated Expiration. In the event that the Company conducts a registered public offering of its Common Stock prior to the Expiration Date (other than shares issued directly or pursuant to compensatory option or other rights, to officers, directors, agents of the Company or its affiliates or shares issued for consideration other than money) the directors may accelerate the Expiration Date by giving 20 days written notice to the holder of the Warrant of the new expiration date .
Accelerated Expiration. Landlord and Tenant hereby confirm that Tenant’s Acceleration Option shall apply to the Expansion Space.
Accelerated Expiration. Tenant shall have the one time right (“Acceleration Option”) to accelerate the Extended Expiration Date to August 31, 2011 (the “Accelerated Expiration Date”), with respect to the Premises only (specifically excluding any Refusal Space leased by Tenant pursuant to Section 9 below), if (i) Tenant is not in default under the Lease (beyond the expiration of all applicable cure and notice periods) as of the date Tenant provides Landlord with Tenant’s notice of acceleration (the “Acceleration Notice”), and (ii) Tenant delivers the Acceleration Notice no later than September 1, 2010. If Tenant exercises the Acceleration Option, (A) Tenant shall remain liable for all Base Monthly Rent, Tenant’s Pro Rata Share of Operating Expenses, and other sums accrued and due under the Lease up to and including the Accelerated Expiration Date, even though bxxxxxxx for any such items may occur subsequent to the Accelerated Expiration Date, and (B) Landlord shall remain liable for the reconciliation of Operating Expenses for periods prior to the Accelerated Expiration Date in accordance with the terms of Article 4 of the Lease and the prompt refund to Tenant of any excess Operating Expenses paid by Tenant. Tenant shall not be required to pay an early termination fee or penalty in connection with the Acceleration Option. As of the date Tenant provides Landlord with a timely Acceleration Notice, any unexercised rights or options of Tenant to extend the term of the Lease or to expand the Premises (whether pursuant to any expansion options, rights of first or second refusal, rights of first or second offer, or other similar rights), and any tenant improvement allowance not claimed by Tenant in accordance with the Lease, as amended hereby, as of such date, shall immediately be deemed terminated and no longer available or of any further force or effect.
Accelerated Expiration. Upon the occurrence of a Merger Event or a Nationalization, with respect to that portion of any consideration received for the Underlying Securities that consists of cash, Xxxxxxx Sachs may, in its discretion, upon one Business Day's notice to the Company, terminate and settle (effective on the Merger Date, or in the case of a Nationalization, the date of the first public announcement of a firm intention to nationalize as determined by Xxxxxxx Xxxxx) all (but not less than all) of the portion of the Portfolio represented by the cash consideration. For the purpose of determining such portion, consideration for Underlying Securities upon a Merger Event when a holder of Underlying Securities may elect the type of merger consideration received following a Merger Event shall be deemed cash consideration to the fullest extent possible. In exercising such right, Xxxxxxx Sachs shall have the rights and obligations of the Non-Defaulting Party and the Company shall have the rights and obligations of the Defaulting Party, each as set forth in Section 11(b) through Section 11(e) except that the Early Termination Amount shall only be payable in cash as provided in Section 11 with the proviso that the penultimate sentence in Section 11(c) shall not apply in the case of an early termination pursuant to this section.
Accelerated Expiration
