Common use of Changes in Lease Agreements Clause in Contracts

Changes in Lease Agreements. None of the 1st Financial Companies will (i) surrender its leasehold interest in any parcel of leased 1st Financial Real Property, or seek or agree to the termination of the Lease Agreement pertaining to any such parcel, other than at the end of the term of a Lease Agreement under the terms of which it does not have an option to renew, or modify or amend the Lease Agreement pertaining to any parcel of leased 1st Financial Real Property, or (ii) renew any Lease Agreement, or permit any Lease Agreement to be automatically renewed, without (in the case of each of (i) and (ii)) first consulting with FCB and permitting FCB to express its views regarding such surrender, termination, modification, amendment or renewal, and the terms and conditions thereof; provided, however, that, before agreeing to any proposed renewal or extension of a Lease Agreement, 1st Financial and Mountain 1st shall first use Commercially Reasonably Efforts to attempt to obtain (i) an extension of the date prior to expiration of the Lease Agreement by which it must give notice of renewal or termination of the Lease Agreement, (ii) a month-to-month or short-term lease arrangement, or (iii) some arrangement for possession of the leased Parcel other than a full-term renewal, in each case in an effort to permit FCB, following the Effective Date, to assess its needs and plans for the Parcel that is the subject of that Lease Agreement before becoming committed to a longer-term lease obligation.

Appears in 3 contracts

Samples: Agreement and Plan (1st Financial Services CORP), Plan of Merger (1st Financial Services CORP), Agreement and Plan of Merger

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Changes in Lease Agreements. None of the 1st Financial Cordia Companies will (i) surrender its leasehold interest in any parcel Parcel of leased 1st Financial Cordia Real Property, or seek or agree to the termination of the Lease Agreement pertaining to any such parcelParcel, other than at the end of the term of a Lease Agreement under the terms of which it does not have an option to renew, or (ii) modify or amend the Lease Agreement pertaining to any parcel Parcel of leased 1st Financial Cordia Real Property, or (iiiii) renew any Lease Agreement, or permit any Lease Agreement to be automatically renewed, without (in the case of each of (i), (ii) and (iiiii)) first consulting with FCB and permitting FCB to express its views regarding such surrender, termination, modification, amendment or renewal, and the terms and conditions thereof; provided, however, that, before agreeing to any proposed renewal or extension of a Lease Agreement, 1st Financial at FCB's request Cordia and Mountain 1st BOV shall first use Commercially Reasonably Efforts to attempt to obtain (ix) an extension of the date prior to expiration of the Lease Agreement by which it must give notice of renewal or termination of the Lease Agreement, (iiy) a month-to-month or short-term lease arrangement, or (iiiz) some arrangement for possession of the leased Parcel other than a full-term renewal, in each case in an effort to permit FCB, following the Effective DateTime, to assess its needs and plans for the Parcel that is the subject of that Lease Agreement before becoming committed to a longer-term lease obligation.

Appears in 1 contract

Samples: Agreement and Plan of Merger (Cordia Bancorp Inc)

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