Common use of Lease Transactions Subject to ROFR Clause in Contracts

Lease Transactions Subject to ROFR. If at any time or from time-to-time (i) either (A) during the Term Landlord desires to enter into a Landlord Lease Transaction with a lease term which will begin after the end of the Term, or (B) during the ROFR Lease Period Landlord desires to enter into a Landlord Lease Transaction, in the case of either such clauses (A) or (B) to a Person that is not an Affiliate of Landlord and Landlord has received a Third Party Lease Offer with respect thereto, and (ii) the Lease was or is not terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default, then (I) Landlord may consummate such Landlord Lease Transaction only if Landlord complies with the terms and conditions of this Section 25.4, and (II) Landlord may not enter into a Landlord Lease Transaction within two (2) years after the Current Lease Term End without complying with this Section 25.4. For the avoidance of doubt, if this Lease is terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default or if a Xxxxx 0 Xxxxxx Xxxxxxx has occurred and is continuing, the provisions of this Section 25.4 shall not apply and Landlord may consummate a Landlord Lease Transaction without complying with the terms and conditions of this Section 25.4. This restriction on Landlord Lease Transactions and Tenant’s right of first refusal rights under this Section 25.4 are absolute, appurtenant, shall run with the land with respect to the Leased Property and this Lease, and survive termination of this Lease for the ROFR Lease Period.

Appears in 2 contracts

Samples: Purchase and Sale Agreement (CorEnergy Infrastructure Trust, Inc.), Connection and Access Agreement (CorEnergy Infrastructure Trust, Inc.)

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Lease Transactions Subject to ROFR. If at any time or from time-to-time (i) either (A) during the Term Landlord desires to enter into a Landlord Lease Transaction with a lease term which will begin after the end of the Term, or (B) during the ROFR Lease Period Landlord desires to enter into a Landlord Lease Transaction, in the case of either such clauses (A) or (B) to a Person that is not an Affiliate of Landlord and Landlord has received a Third Party Lease Offer with respect thereto, and (ii) the Lease was or is not terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default, then (I) Landlord may consummate such Landlord Lease Transaction only if Landlord complies with the terms and conditions of this Section 25.425.4 , and (II) Landlord may not enter into a Landlord Lease Transaction within two (2) years after the Current Lease Term End without complying with this Section 25.425.4 . For the avoidance of doubt, if this Lease is terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default or if a Xxxxx 0 Xxxxxx Xxxxxxx has occurred and is continuing, the provisions of this Section 25.4 shall not apply and Landlord may consummate a Landlord Lease Transaction without complying with the terms and conditions of this Section 25.425.4 . This restriction on Landlord Lease Transactions and Tenant’s right of first refusal rights under this Section 25.4 are absolute, appurtenant, shall run with the land with respect to the Leased Property and this Lease, and survive termination of this Lease for the ROFR Lease Period.

Appears in 1 contract

Samples: Connection and Access Agreement (Energy XXI LTD)

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Lease Transactions Subject to ROFR. If at any time or from time-to-time (i) either (A) during the Term Landlord desires to enter into a Landlord Lease Transaction with a lease term which will begin after the end of the Term, or (B) during the ROFR Lease Period Landlord desires to enter into a Landlord Lease Transaction, in the case of either such clauses (A) or (B) to a Person that is not an Affiliate of Landlord and Landlord has received a Third Party Lease Offer with respect thereto, and (ii) the Lease was or is not terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default, then (I) Landlord may consummate such Landlord Lease Transaction only if Landlord complies with the terms and conditions of this Section 25.4, and (II) Landlord may not enter into a Landlord Lease Transaction within two (2) years after the Current Lease Term End without complying with this Section 25.4. For the avoidance of doubt, if this Lease is terminated by Landlord pursuant to Section 23.2(a)(i) as a result of a Level 1 Tenant Default or if a Xxxxx Lxxxx 0 Xxxxxx Xxxxxxx has occurred and is continuing, the provisions of this Section 25.4 shall not apply and Landlord may consummate a Landlord Lease Transaction without complying with the terms and conditions of this Section 25.4. This restriction on Landlord Lease Transactions and Tenant’s right of first refusal rights under this Section 25.4 are absolute, appurtenant, shall run with the land with respect to the Leased Property and this Lease, and survive termination of this Lease for the ROFR Lease Period.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Energy XXI LTD)

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