General Provisions; Automatic Extension of Term Sample Clauses

General Provisions; Automatic Extension of Term. Provided that Tenant has not been in default in the payment of Monthly Rent beyond applicable notice or cure periods more than two (2) times in any consecutive twelve (12) month period, Tenant will have the one-time option to cause Landlord to construct a new building on the Premises containing up to 50,000 rentable square feet in the area shown on Exhibit “F” attached hereto (the “New Building”) or an expansion of the existing Building also containing no more than 50,000 rentable square feet, subject to and in accordance with the terms set forth in this Section 33. If Tenant desires to exercise such option, Tenant must do so by delivering a written exercise notice to Landlord at any time prior to the fifth (5th) anniversary of the Commencement Date (the “Expansion Notice”), provided that Tenant has (i) achieved a trailing twelve (12) month EBITDA of Fifty Million Dollars ($50,000,000) or more, and (ii) achieved a trailing twelve (12) month revenue of at least One Hundred Million Dollars ($100,000,000), each as demonstrated to Landlord in Tenant’s financial statements certified by its independent accountants (the “Financial Hurdles”). The date on which Tenant delivers its written exercise notice is herein called the “Expansion Notice Date”. Tenant’s failure to deliver such notice to Landlord timely is deemed a waiver of Tenant’s expansion option. If Tenant timely exercises its option and has satisfied the Financial Hurdles, and provided that Tenant has not been in default in the payment of Monthly Rent beyond applicable notice or cure periods more than two (2) times in any consecutive twelve (12) month period, Landlord will cause the New Building or the expansion of the existing Building to be constructed subject to and in accordance with this Section 33. Notwithstanding the foregoing, in the event that the Tenant fails to achieve the Financial Hurdles, Tenant shall have the further right to exercise its expansion right under this Section 33 (and Landlord will cause the New Building or the expansion of the existing Building to be constructed subject to and in accordance with this Section 33) provided that Tenant secures a letter of credit in the amount of the Total Expansion Project Cost (as hereafter defined), which letter of credit shall comply with the requirements set forth on Exhibit “E” hereof and shall remain in place for the Extension Term (as hereinafter defined). Such letter of credit shall be delivered to Landlord prior to the Expansion Premises...
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Related to General Provisions; Automatic Extension of Term

  • Automatic Extension At the end of the initial term and any subsequent ------------------- term, this Agreement shall automatically renewed for a five (5) year term unless one of the parties provides the other party with written notice of intent not to renew, not less than one hundred eighty (180) day prior to the expiration of the then current term.

  • Effective Period, Termination and Amendment; Interpretive and Additional Provisions This Custodian Agreement shall become effective as of the date hereof, shall continue in full force and effect until terminated as hereinafter provided, and may be amended at any time by mutual agreement of the parties hereto. This Custodian Agreement may be terminated by either party by written notice to the other party, such termination to take effect no sooner than sixty (60) days after the date of such notice. Notwithstanding the foregoing, if Ally Financial resigns as Servicer under the Basic Documents or if all of the rights and obligations of the Servicer have been terminated under the Servicing Agreement, this Custodian Agreement may be terminated by the Issuing Entity or by any Persons to whom the Issuing Entity has assigned its rights hereunder. As soon as practicable after the termination of this Custodian Agreement, the Custodian shall deliver the Receivable Files described herein to the Issuing Entity or the Issuing Entity’s agent at such place or places as the Issuing Entity may reasonably designate.

  • Basic Lease Provisions and Definitions In addition to other terms elsewhere defined in this Lease, the following terms whenever used in this Lease should have only the meanings set forth in this Preamble, unless such meanings are expressly modified, limited or expanded elsewhere herein.

  • EXPIRATION OF EMPLOYMENT TERM; NON-EXTENSION OF AGREEMENT Upon the expiration of the Employment Term due to a non-extension of the Agreement by the Company or the Employee pursuant to the provisions of Section 2 hereof.

  • Conditions Term of Agreement 37 3.1 Conditions Precedent to the Initial Extension of Credit.................37 3.2 Conditions Subsequent to the Initial Extension of Credit................40 3.3 Conditions Precedent to all Extensions of Credit........................40 3.4 Term....................................................................41 3.5

  • Continued Employment Following Expiration of Term Nothing in this Agreement shall mandate or prohibit a continuation of Executive’s employment following the expiration of the term of this Agreement, upon such terms and conditions as the Bank and Executive may mutually agree.

  • Conditions to Effectiveness of Extension Notwithstanding the foregoing, (x) no more than two (2) extensions of the Maturity Date shall be permitted hereunder and (y) any extension of any Maturity Date pursuant to this Section 2.21 shall not be effective with respect to any Extending Lender unless:

  • Extension of Termination Date (a) The Borrower shall have the right, exercisable no more than twice, to request an extension of the current Termination Date by one year. The Borrower may exercise such right only by executing and delivering to the Agent at least 60 days, but no more than 90 days, prior to any anniversary of the Closing Date commencing with the first anniversary thereof (the “Extension Date”), a written request for such extension (an “Extension Request”). The Agent shall forward to each Lender a copy of the Extension Request delivered to the Agent promptly upon receipt thereof. Borrower understands that this Section has been included in this Agreement for Borrower’s convenience in requesting an extension and acknowledges that none of Lenders nor Agent has promised (either expressly or impliedly), nor has any obligation or commitment whatsoever, to extend the Termination Date at any time. If the Required Lenders shall have notified Agent on or prior to the date which is 30 days prior to the Extension Date that they accept such Extension Request, then, subject to the following conditions on the Extension Date (i) no Default or Event of Default shall exist and (ii) the representations and warranties made or deemed made by the Borrower in the Loan Documents, shall be true and correct in all material respects on and as of the date of such extension with the same force and effect as if made on and as of such date except to the extent that such representations and warranties expressly relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date) and except for changes in factual circumstances not prohibited under the Loan Documents, the Termination Date shall be extended for one year with respect to the Commitment of each Lender accepting such Extension Request. If any Lender shall not have notified Agent on or prior to the date which is 30 days prior to the Extension Date that it accepts such Extension Request (or it expressly rejects such Extension Request), then the Termination Date shall not be extended with respect to the Commitment of such rejecting Lender (each such Lender a “Rejecting Lender”). The Agent shall promptly notify Borrower whether the Extension Request has been accepted or rejected as well as which Lender or Lenders rejected Borrower’s Extension Request.

  • Other Definitional Provisions and Rules of Construction A. Any of the terms defined herein may, unless the context otherwise requires, be used in the singular or the plural, depending on the reference.

  • Additional Termination Provisions Notwithstanding and in addition to the foregoing, in the event that (i) a Mortgage Loan becomes delinquent for a period of 90 days or more (a "Delinquent Mortgage Loan") or (ii) a Mortgage Loan becomes an REO Property, the Purchaser may at its election terminate this Agreement with respect to such Delinquent Mortgage Loan or REO Property, upon 15 days' written notice to the Seller.

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