Acceleration Option. (a) Tenant shall have the right, in Tenant’s sole discretion, to accelerate the Termination Date (“Acceleration Option”) of the Lease, with respect to the entire Premises only, to May 31, 2011 (the “Accelerated Termination Date”), if:
(i) Tenant is not in Default under the Lease at the date Tenant provides Landlord with an Acceleration Notice (defined below); and
(ii) Landlord receives notice of acceleration (“Acceleration Notice”) by no later than August 31, 2010.
(b) If Tenant exercises its Acceleration Option, Tenant, within twenty (20) days of the delivery of Landlord’s statement of the Acceleration Fee, shall pay to Landlord an amount equal to the unamortized portion of any broker commissions, incurred or provided by Landlord in connection with this Lease (collectively, the “Acceleration Fee”). Within ninety (90) days of the Commencement Date, and the commencement date for any additional space leased by Tenant hereunder, as the case may be, Landlord shall provide Tenant with a statement setting forth the amount and calculation of the Acceleration Fee (including reasonable back up documentation). Tenant shall remain liable for all Monthly Base Rent, additional Rent and other sums due under this Lease up to and including the Accelerated Termination Date even though xxxxxxxx for such may occur subsequent to the Accelerated Termination Date. The “unamortized portion” of any broker commissions shall be determined on a straight-line basis over the initial Term.
(c) If Tenant defaults in the payment of the Acceleration Fee, Landlord, at its option, may, by written notice to Tenant within fifteen (15) days after such default, (1) declare Tenant’s exercise of the Acceleration Option in that instance only to be null and void, and immediately so notify Tenant in writing, or (2) continue to honor Tenant’s exercise of its Acceleration Option, in which case, Tenant shall remain liable for the payment of the Acceleration Fee and all Monthly Base Rent, additional Rent and other sums due under the Lease up to and including the Accelerated Termination Date even though xxxxxxxx for such may occur subsequent to the Accelerated Termination Date. If Landlord fails to notify Tenant of such election within such fifteen (15)-day period, Landlord shall be deemed to have elected clause (2) above.
(d) As of the date Tenant provides Landlord with an Acceleration Notice that is honored by Landlord, any unexercised rights or options of Tenant to extend the Term or expand the Premis...
Acceleration Option. If all or any part of the Property or an interest therein is sold, transferred, encumbered or otherwise disposed of by Grantor without Beneficiary’s prior written consent, Beneficiary may, at Beneficiary’s option, declare all of the obligations to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by the Deed of Trust and Security Agreement shall be at such rate as Beneficiary shall request and the party assuming the obligations meets the criteria set out in Title XI for all borrowers. Regardless of any assumption or transfer of the Property and/or the obligations arising under the Deed of Trust and Security Agreement, Grantor will not be released from any obligation to Beneficiary until the entire debt and all sums associated therewith are paid in full. If Beneficiary exercises such option to accelerate, Beneficiary shall mail Grantor notice of acceleration. Such notice shall provide a period of not less than 30 days from the date of notice is mailed within which Grantor may pay the sums ordered due. If Grantor fails to pay such sums prior to the expiration of such period, Beneficiary may, without further notice or demand on Grantor, invoke any remedies permitted by this Deed of Trust and Security Agreement, or any other security document associated with this transaction.
Acceleration Option. If all or any part of the Property or an interest therein is sold, transferred, encumbered or otherwise disposed of by Grantor without Beneficiary's prior written consent, Beneficiary may, at Beneficiary's option, declare all of the obligations to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by the Deed of Trust and Security Agreement shall be at such rate as Beneficiary shall request and the party assuming the obligations meets the criteria set out in Title XI for all borrowers. Regardless of any assumption or transfer of the Property and/or the obligations arising under the Deed of Trust and Security Agreement, Grantor will not be released from any obligation to Beneficiary until the entire debt and all sums associated therewith are paid
Acceleration Option. The Lessor shall have the option, exercisable upon at least one month's written notice, such notice to expire at any time on or after 14 January 2015, to terminate the leasing of the Haewene Brim Equipment under this Agreement.
Acceleration Option. Acceleration: Anything herein contained to the contrary notwithstanding, Molycorp shall have the unrestricted right, for any reason or no reason, and in its sole discretion, to accelerate the Settlement Date with respect to all or any portion of either or both Products at any time, without penalty. Notwithstanding any such acceleration, the conversion right granted to Traxys under Article 7 shall survive for the periods stated therein.
Acceleration Option. The terms and conditions set forth in Section 4., “Acceleration Option” of EXHIBIT F, “ADDITIONAL PROVISIONS” of the Original Lease shall apply to the Premises as increased by the Suite 2050 Expansion Space and the Suite 2000 Expansion Space; provided that the Acceleration Fee shall be calculated separately with respect to the Suite 2050 Expansion Space and Suite 2000 Expansion Space based on the concessions granted for, and length of term applicable to, such spaces.
Acceleration Option. (i) NWA Corp. shall have the option, at any time and from time to time after the Initial Closing Date and on prior written notice to KLM, to accelerate, either in whole or in part in the manner specified in the next sentence, the purchase of Shares that would otherwise occur on subsequent Closing Dates so that the accelerated purchase will occur on a date (the "ACCELERATION DATE") specified in such notice (such date to be at least 30 days after the date the notice is provided to KLM), at which date the purchase and sale of the Shares whose purchase and sale is being accelerated as designated in the notice referred to above shall be effected at the applicable Per Share Prices specified in Section 2.1, as adjusted in accordance with Section 2.1(e). If NWA Corp. elects to accelerate pursuant to this Section 2.1(g) the purchase of only part of the Shares remaining to be purchased, it may do so only by accelerating the purchase of all of the Shares scheduled to be purchased on the Third Closing Date and (if the Second Closing Date has not yet occurred) the Second Closing Date, in which event the Fourth Closing Date will be accelerated to occur one year after the Acceleration Date. Following any such acceleration option, the provisions of Sections 2.2 and 2.3 shall continue in effect as though no accelerated purchase and sale had occurred, as follows:
(a) To the extent an adjustment would otherwise be required pursuant to Section 2.2 with respect to Shares whose purchase has already occurred on an accelerated basis pursuant to this Section 2.1(g), on the date (the "TRANSACTION ACCELERATED DATE") to which such subsequent Closing Date would have otherwise been accelerated pursuant to Section 2.2(e) or consideration would otherwise be received by KLM pursuant to Section 2.2(f), NWA Corp. will make a payment to KLM equal to the product of (A) the number of Shares whose purchase would have otherwise been accelerated to the Transaction Accelerated Date but for an earlier acceleration pursuant to Section 2.1(g), times (B) the excess, if any, of (x) the Transactional Value Per Share over (y) the regularly scheduled Per Share Price at which such Shares would have been purchased pursuant to Section 2.1(a) through (d) at the regularly scheduled subsequent Closing Date without giving effect to such acceleration.
(b) To the extent an adjustment would otherwise be required pursuant to Section 2.3 with respect to Shares whose purchase has already occurred on an accelerated bas...
Acceleration Option. Tenant shall have the right to accelerate the Termination Date ("Acceleration Option") of this Lease, with respect to the entire Premises only, from the expiration of the thirty-sixth (36PthP) full calendar month of the Term to the expiration of the twelfth (12PthP), eighteenth (18PthP), twenty-fourth (24PthP) or thirtieth (30PthP) full calendar month of the Term, at Tenant's option (the "Accelerated Termination Date"), if:
Acceleration Option. Upon the satisfaction of the Acceleration Expiration Conditions, the Company may, at the option of its Board of Directors at any time following the Final Closing accelerate all (but not less than all) of the Warrants by delivering to each Holder an Acceleration Notice (as hereafter defined).
Acceleration Option. For the avoidance of doubt, Section 4 of Exhibit F to the Lease shall continue in effect in accordance with its terms; provided, however, that notwithstanding any contrary provision of the Lease, (a) Section 4 of Exhibit F to the Lease shall not apply to the Expansion Space, and (b) after the Accelerated Expiration Date, if any, the last sentence of Section. 1.9 of the Lease (as amended by Section 10.3.A above), shall be amended by (i) replacing each occurrence therein of the number “166” with the number “71”, and (ii) replacing each occurrence therein of the number “160” with the number “65”.
