Confirmation of Exercise. Upon receipt by the Registrar of an Exercise Notice and the corresponding Aggregate Exercise Price in accordance with Condition 2(c), the Registrar shall as soon as practicable, but in no event later than 5:00 p.m. Paris time, on the second Business Day immediately following the Exercise Date, send, facsimile transmission or by email, with a copy to the Company, a confirmation of receipt of such Aggregate Exercise Price and Exercise Notice in the form of the notice at Appendix B to the Holder.
Confirmation of Exercise. If, after completing its due diligence review, the Lender desires to proceed with the Merger, which decision to proceed or not to proceed with the Merger is determined in the sole discretion of the Lender and need not be based on any cause, the Lender shall deliver to the Borrower a Confirmation Notice or notice that it shall not deliver a Confirmation Notice. Notwithstanding any other provision in this Agreement to the contrary, if after any delivery by the Lender of a Confirmation Notice, the Lender is notified, or reasonably believes, that one or more of the conditions precedent to closing set forth in the Agreement and Plan of Merger will not be satisfied by Borrower prior to the closing of the Merger, then the Lender may, in addition to all other rights available to the Lender under this Agreement, at law and/or in equity, rescind its Confirmation Notice, in which case (1) this Agreement and the Notes shall remain in full force and effect; (2) the Borrower will reimburse all of the reasonable costs and expenses incurred by the Lender from and after the Confirmation Notice Date in preparing for the Merger, including without limitation reasonable attorneys’ fees, and (3) none of the parties hereto shall be obligated to proceed with the Merger until such time, if ever, that the Merger Option is re-exercised in accordance with the provisions of this Agreement.
Confirmation of Exercise. Promptly after the occurrence of the FES Delivery Date, Landlord and Tenant shall confirm the occurrence thereof and the inclusion of the First Expansion Space in the Premises by executing an instrument reasonably satisfactory to Landlord and Tenant; provided, that failure by Landlord or Tenant to execute such instrument shall not affect the inclusion of the First Expansion Space in the Premises in accordance with this Article 37.
Confirmation of Exercise. Promptly after the occurrence of the SES Delivery Date, Landlord and Tenant shall confirm the occurrence thereof and the inclusion of the Second Expansion Space in the Premises by executing an instrument reasonably satisfactory to Landlord and Tenant; provided, that failure by Landlord or Tenant to execute such instrument shall not affect the inclusion of the Second Expansion Space in the Premises in accordance with this Article 38.
Confirmation of Exercise. Upon receipt by the Company of a facsimile copy of an Exercise Notice in accordance with Condition 1(b), the Company shall as soon as practicable, but in no event later than within one (1) Business Day following the Exercise Date, send, via facsimile, a confirmation of receipt of such Exercise Notice in the form of the notice at Appendix C to the Holder.
Confirmation of Exercise. Upon the giving of the Extension Notice by Tenant to Landlord exercising Tenant’s applicable option to extend the Lease Term in accordance with the provisions of Section 3.2 (A) above, then unless Tenant timely issues a Rescission Notice as aforesaid, this Lease and the Lease Term hereof shall automatically be deemed extended, for the applicable Extended Term, without the necessity for the execution of any additional documents, except that Landlord and Tenant agree to enter into an instrument in writing setting forth the Annual Fixed Rent for the applicable Extended Term as determined in the relevant manner set forth in this Section 3.2; and in such event all references herein to the Lease Term or the Term of this Lease shall be construed as referring to the Lease Term, as so extended, unless the context clearly otherwise requires, and except that there shall be no further option to extend the Lease Term, beyond the options set forth herein. Notwithstanding anything contained herein to the contrary, in no event shall Tenant have the right to exercise more than one extension option at a time and, further, Tenant shall not have the right to exercise its second extension option unless it has duly exercised its first extension option.
