Common use of Conditions to Right of First Offer Clause in Contracts

Conditions to Right of First Offer. Notwithstanding anything to the contrary in this Section 17.26, Landlord shall have no obligation to provide Tenant with an Offer Notice, and Tenant shall have no right to exercise Tenant’s Right of First Offer, if: (i) Tenant is in default beyond all applicable notice and cure periods either: (a) at the time Landlord seeks to lease the Available Space in question, or at the time Tenant seeks to give Landlord an Acceptance Notice, whichever, is relevant, or (b) upon the date Tenant seeks to take possession of the Available Space referenced in the Offer Notice, (ii) Tenant has assigned this Lease or sublet more than fifty percent (50%) of the rentable space located in the Premises to a party other than an Affiliate, (iii) Tenant then occupies less than fifty percent (50%) of the Premises or (iv) Tenant has received more than three (3) notices of default from Landlord during the Term of this Lease. Tenant’s Right of First Offer shall be personal to Tenant and Tenant’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54

Conditions to Right of First Offer. Notwithstanding anything to the ---------------------------------- contrary in this Section 17.2644, Landlord shall have no obligation to provide Tenant with an Offer Notice, and Tenant shall have no right to exercise Tenant’s 's Right of First Offer, if: (i) Tenant is in default beyond all applicable notice and cure periods either: (a) at the time Landlord seeks to lease the Available Space in question, or at the time Tenant seeks to give Landlord an Acceptance Notice, whichever, is relevant, or (b) upon the date Tenant seeks to take possession of the Available Space referenced in the Offer Notice, (ii) Tenant has assigned this Lease or sublet more than fifty twenty percent (5020%) of the rentable space located in the Premises to a party other than an AffiliatePremises, or (iii) Tenant then occupies less than fifty percent (50%) of the Premises or (iv) Tenant has received more than three (3) notices of default from Landlord Tenant during the Term of this Lease. Tenant’s 's Right of First Offer shall be personal to Tenant and Tenant’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54, except to any of the parties described in Section 15(d) of this Lease.

Conditions to Right of First Offer. Notwithstanding anything to the contrary in this Section 17.26Article 16, Landlord shall have no obligation to provide Tenant with an Offer Notice, and Tenant shall have no right to exercise Tenant’s Right of First Offer, if: (i) Tenant an Event of Default is in default beyond all applicable notice and cure periods continuing either: (a) at the time Landlord seeks to lease the Available Space in question, or at the time Tenant seeks to give Landlord an Acceptance Notice, whichever, is relevant, or (b) at Landlord’s option, upon the date Tenant seeks to take possession of the Available Space referenced in the Offer Notice, or (ii) Tenant has received more than two (2) notices of defaults from Landlord during the Lease Term. The Right of First Offer contained herein shall be personal to Cortina Systems, Inc. (and not available to any assignee, or any sublessee or other transferee) and may be exercised only provided and on condition that Cortina Systems, Inc. has not assigned its interest in this Lease or sublet more than fifty percent (50%) 33% of Leased Premises as of the rentable space located date Tenant purports to give an Acceptance Notice and, at the option of Landlord, upon the date Tenant seeks to take possession of the Available Space referenced in the Premises to a party other than an Affiliate, (iii) Tenant then occupies less than fifty percent (50%) of the Premises or (iv) Tenant has received more than three (3) notices of default from Landlord during the Term of this Lease. Tenant’s Right of First Offer shall be personal to Tenant and Tenant’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54Notice.

Conditions to Right of First Offer. Notwithstanding anything to the contrary in this Section 17.2617.24, Landlord Lessor shall have no obligation to provide Tenant Lessee with an Offer Notice, and Tenant Lessee shall have no right to exercise TenantLessee’s Right of First Offer, if: (i) Tenant Lessee is in default beyond all applicable notice and cure periods either: (a) at the time Landlord Lessor seeks to lease the Available Space in question, or at the time Tenant Lessee seeks to give Landlord Lessor an Acceptance Notice, whichever, is relevant, or (b) upon the date Tenant Lessee seeks to take possession of the Available Space referenced in the Offer Notice, (ii) Tenant Lessee has assigned this Lease or sublet more than fifty percent (50%) of 50%)of the rentable space located in the Premises to a party other than an Affiliate, (iii) Tenant Lessee then occupies less than fifty percent (50%) of the Premises Premises; or (iv) Tenant Lessee has received more than three (3) notices of default defaults from Landlord Lessor during the Term of this Lease. TenantLessee’s Right of First Offer shall be personal to Tenant Lessee and TenantLessee’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54, in each instance except to an Affiliate.

Conditions to Right of First Offer. Notwithstanding anything to the contrary in this Section 17.26, Landlord shall have no obligation to provide Tenant with an Offer Notice, and Tenant shall have no right to exercise Tenant’s Right of First Offer, if: (i) Tenant is in default beyond all applicable notice and cure periods either: (a) at the time Landlord seeks to lease the Available Space in question, or at the time Tenant seeks to give Landlord an Acceptance Notice, whichever, is relevant, or (b) upon the date Tenant seeks to take possession of the Available Space referenced in the Offer Notice, (ii) Tenant has assigned this Lease or sublet more than fifty percent (50%) of the rentable space located in the Premises to a party other than an Affiliate, (iii) Tenant then occupies less than fifty percent (50%) of the Premises or (iv) Tenant has received more than three (3) notices of default from Landlord during the Term of this Lease. Tenant’s Right of First Offer shall be personal to Tenant and Tenant’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54.

Conditions to Right of First Offer. Notwithstanding anything to the contrary in this Section 17.2617.24, Landlord Lessor shall have no obligation to provide Tenant Lessee with an Offer Notice, and Tenant Lessee shall have no right to exercise TenantLessee’s Right of First Offer, if: (i) Tenant Lessee is in default beyond all applicable notice and cure periods either: (a) at the time Landlord Lessor seeks to lease the Available Space in question, or at the time Tenant Lessee seeks to give Landlord Lessor an Acceptance Notice, whichever, is relevant, or (b) upon the date Tenant Lessee seeks to take possession of the Available Space referenced in the Offer Notice, (ii) Tenant Lessee has assigned this Lease or sublet more than fifty twenty-five percent (5025%) of the rentable space located in the Premises to a party other than an Affiliate, (iii) Tenant Lessee then occupies less than fifty seventy-five percent (5075%) of the Premises or (iv) Tenant Lessee has received more than three (3) notices of default from Landlord Lessor during the Term of this Lease. TenantLessee’s Right of First Offer shall be personal to Tenant Lessee and TenantLessee’s Affiliate and shall not be transferable with any assignment of this Lease or subletting of the Premises. 54.