Common use of Conditions to Exercise of Extension Option Clause in Contracts

Conditions to Exercise of Extension Option. The rights contained in this Paragraph 1.5, (a) shall be personal to the Original Tenant, any Successor of the Original Tenant, and any assignee of Tenant’s entire Lease to whom Landlord has granted its consent pursuant to Paragraph 14 (a “Consent Transferee”) and may not be exercised by any other Transferee (defined in Paragraph 14.1, below) of Tenant’s interest (or any portion thereof) in this Lease and (b) may only be exercised with respect to the entire Premises leased by Tenant at the time Tenant delivers its Option Exercise Notice. Notwithstanding anything in this Lease to the contrary, at the election of Landlord, any attempted exercise by Tenant of the Extension Option shall be invalid, ineffective, and of no force or effect if, on the date of such attempted exercise of the Extension Option or on the date on which the Option Term is scheduled to commence: (i) there is an uncured Event of Default (defined in Paragraph 18) by Tenant under this Lease (which has not been waived in writing by Landlord) or (ii) there shall exist Transfers (defined below), other than Permitted Transfers (defined below), and any assignment of the Lease to a Consent Assignee, pursuant to which in excess of fifty percent (50%) of the RSF of the Premises shall have been Transferred to any Transferees (other than to a Successor or a Consent Assignee). If Tenant does not timely deliver an Option Exercise Notice with respect to the Extension Option pursuant to the provisions of this Paragraph 1.5 within the applicable time period, time being of the essence, then at the election of Landlord, Tenant shall be deemed to have forever waived and relinquished the Extension Option, and any other options or rights to renew or extend the Term effective after the then applicable Expiration Date shall terminate and shall be of no further force or effect.

Appears in 2 contracts

Samples: Industrial Lease Agreement, Industrial Lease Agreement (Lifetime Brands, Inc)

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Conditions to Exercise of Extension Option. The rights contained in Notwithstanding any provision of this Paragraph 1.5, (a) shall be personal to the Original Tenant, any Successor of the Original Tenant, and any assignee of Tenant’s entire Lease to whom Landlord has granted its consent pursuant to Paragraph 14 (a “Consent Transferee”) and may not be exercised by any other Transferee (defined in Paragraph 14.1, below) of Tenant’s interest (or any portion thereof) in this Lease and (b) may only be exercised with respect to the entire Premises leased by Tenant at the time Tenant delivers its Option Exercise Notice. Notwithstanding anything in this Lease Exhibit E to the contrary, at the election of Landlord, any attempted exercise by Tenant of the Extension Option shall be invalid, ineffective, invalid and of no force or effect ineffective if, on the date of such attempted exercise, Tenant is in Default under this Lease, and any exercise of the applicable Extension Option or on the date on which the Option Term is scheduled to commence: (i) there is an uncured Event shall be deemed null and void and of Default (defined in Paragraph 18) by Tenant under this Lease (which has not been waived in writing by Landlord) or (ii) there shall exist Transfers (defined below)no force and effect, other than Permitted Transfers (defined below), and any assignment of the Lease to a Consent Assignee, pursuant to which in excess of fifty percent (50%) of the RSF of the Premises shall have been Transferred to any Transferees (other than to a Successor or a Consent Assignee). If Tenant does not timely deliver an Option Exercise Notice with respect to the Extension Option pursuant to the provisions of this Paragraph 1.5 within the applicable time period, time being of the essence, then at the election of Landlord, if (i) on the commencement of the applicable Extension Term, Tenant is in Default under this Lease, or (ii) there has previously been a Default under this Lease more than two (2) times in any twelve (12) month period. Additionally, Tenant’s Extension Option shall be deemed terminate if (a) this Lease or Tenant’s right to have forever waived and relinquished possession of the Premises is terminated, (b) Tenant assigns any of its interest in this Lease or sublets any portion of the Premises, other than to a Permitted Transferee, (c) Tenant fails to timely exercise its Extension Option, and any other options time being of the essence with respect to Tenant’s exercise thereof, or rights to renew (d) Landlord determines, in its sole but reasonable discretion, that Tenant’s financial condition or extend creditworthiness has materially deteriorated since the Term effective after the then applicable Expiration Date shall terminate and shall be date of no further force or effect.this Lease. EXHIBIT F CURRENT SNDA FORM

Appears in 1 contract

Samples: Office Lease (Xenith Bankshares, Inc.)

Conditions to Exercise of Extension Option. The rights contained in Notwithstanding any provision of this Paragraph 1.5, (a) shall be personal to the Original Tenant, any Successor of the Original Tenant, and any assignee of Tenant’s entire Lease to whom Landlord has granted its consent pursuant to Paragraph 14 (a “Consent Transferee”) and may not be exercised by any other Transferee (defined in Paragraph 14.1, below) of Tenant’s interest (or any portion thereof) in this Lease and (b) may only be exercised with respect to the entire Premises leased by Tenant at the time Tenant delivers its Option Exercise Notice. Notwithstanding anything in this Lease Exhibit E to the contrary, at the election of Landlord, any attempted exercise by Tenant of the Extension Option shall be invalid, ineffective, invalid and of no force or effect ineffective if, on the date of such attempted exercise, Tenant is in Default under this Lease, and any exercise of the applicable Extension Option or on the date on which the Option Term is scheduled to commence: (i) there is an uncured Event shall be deemed null and void and of Default (defined in Paragraph 18) by Tenant under this Lease (which has not been waived in writing by Landlord) or (ii) there shall exist Transfers (defined below)no force and effect, other than Permitted Transfers (defined below), and any assignment of the Lease to a Consent Assignee, pursuant to which in excess of fifty percent (50%) of the RSF of the Premises shall have been Transferred to any Transferees (other than to a Successor or a Consent Assignee). If Tenant does not timely deliver an Option Exercise Notice with respect to the Extension Option pursuant to the provisions of this Paragraph 1.5 within the applicable time period, time being of the essence, then at the election of Landlord, if (i) on the commencement of the applicable Extension Term, Tenant is in Default under this Lease, or (ii) there has previously been a Default under this Lease more than two (2) times in any twelve (12) month period. Additionally, Tenant’s Extension Option shall be deemed terminate if (a) this Lease or Tenant’s right to have forever waived and relinquished possession of the Premises is terminated, (b) Tenant assigns any of its interest in this Lease or sublets any portion of the Premises, other than to a Permitted Transferee, (c) Tenant fails to timely exercise its Extension Option, time being of the essence with respect to Tenant’s exercise thereof, or (d) Landlord determines, in its sole but reasonable discretion, that Tenant’s financial condition or creditworthiness has materially deteriorated since the date of this Lease. EXHIBIT F CURRENT SNDA FORM [See Attached] [Please insert preparer’s name and any other options address and GPIN or rights to renew or extend the Term effective after the then applicable Expiration Date shall terminate and shall be of no further force or effecttax map parcel number — I have attached a sample.] LOAN NO.

Appears in 1 contract

Samples: Office Lease (Xenith Bankshares, Inc.)

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Conditions to Exercise of Extension Option. The rights contained in this Paragraph 1.5, (a) shall be personal to the Original Tenant, Tenant and any Successor of the Original Tenant, and any assignee of Tenant’s entire Lease to whom Landlord has granted its consent pursuant to Paragraph 14 (a “Consent Transferee”) and may not be exercised by any other Transferee (defined in Paragraph 14.1, below) of Tenant’s 's interest (or any portion thereof) in this Lease and (b) may only be exercised with respect to the entire Premises leased by Tenant at the time Tenant delivers its Option Exercise Notice. Notwithstanding anything in this Lease to the contrary, at the election of Landlord, any attempted exercise by Tenant of the Extension Option shall be invalid, ineffective, and of no force or effect if, on the date of such attempted exercise of the Extension Option or on the date on which the Option Term is scheduled to commence: (i) commence there is an uncured Event of Default (defined in Paragraph 18) by Tenant under this Lease (which has not been waived in writing by Landlord) or (ii) there shall exist Transfers (defined below), other than Permitted Transfers (defined below), and any assignment of the Lease to a Consent Assignee, pursuant to which in excess of fifty percent (50%) of the RSF of the Premises shall have been Transferred to any Transferees (other than to a Successor or a Consent Assignee). If Tenant does not timely deliver an Option Exercise Notice with respect to the Extension Option pursuant to the provisions of this Paragraph 1.5 within the applicable time period, time being of the essence, then at the election of Landlord, Tenant shall be deemed to have forever waived and relinquished the Extension Option, and any other options or rights to renew or extend the Term effective after the then applicable Expiration Date shall terminate and shall be of no further force or effect.

Appears in 1 contract

Samples: Industrial Lease Agreement (Emerson Radio Corp)

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