Lessee's Option to Purchase. (a) So long as (i) no Event of Default has occurred and is continuing, and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and (ii) no Event of Default has occurred and is continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such option, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II), Lessee shall have the option, to be exercised by written notice to the Lessor at least three hundred sixty‑five (365) days prior to the expiration of the Term to purchase the entire Leased Property then subject to this Lease, and not less than the entire Leased Property then subject to this Lease, at a purchase price equal to the Option Price for the entire Leased Property then subject to this Lease. In the event that Lessee exercises the foregoing purchase option, upon delivery of the exercise notice, all of Lessee's rights to extend the Term under Article II (if any remaining at the time of exercise of the purchase option) shall be forever forfeited and of no further force or effect. (b) Unless expressly otherwise provided in this Section 33.1, if Lessee exercises the option to purchase the Leased Property as provided in this Section 33.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed upon the expiration of the Term.
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Samples: Master Funding and Development Agreement (Adeptus Health Inc.)
Lessee's Option to Purchase. (a) So long as (i) at the time of the giving of the notification described below no Event of Default has occurred and is continuing, and no event then exists has occurred which with the giving of notice or the passage of time or both would constitute an Event of DefaultDefault (subject to Lessee’s rights under Section 34.4(a) below), and (ii) no Event of Default has occurred and is continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such optiondescribed below, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II)Lease, Lessee shall have the option, to be exercised by written notice to the Lessor at least three hundred sixty‑five ninety (36590) days prior to the expiration of the Term of this Lease, to purchase the entire Leased Property then subject to this LeaseProperty, and not less than the entire Leased Property then subject to this LeaseProperty, at a purchase price equal to the Option Price for the entire Leased Property then subject to this Lease. In the event that Lessee exercises the foregoing purchase option, upon delivery of the exercise notice, all of Lessee's rights to extend the Term under Article II (if any remaining at the time of exercise of the purchase option) shall be forever forfeited and of no further force or effectProperty.
(b) Unless expressly otherwise provided in this Section 33.134.1, if in the event Lessee exercises the option to purchase the Leased Property as provided in this Section 33.134.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must shall be closed upon following the expiration of the Term and within thirty (30) days after such expiration of the Term.
Appears in 1 contract
Samples: Master Lease Agreement (MPT Operating Partnership, L.P.)
Lessee's Option to Purchase. (a) So long as (i) at the time of the giving of the notification described below no Event of Default has occurred and is continuing, and no event then exists has occurred which with the giving of notice or the passage of time or both would constitute an Event of DefaultDefault (subject to Lessee’s rights under Section 34.3(a) below), and (ii) no Event of Default has occurred and is continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such optiondescribed below, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II)Lease, Lessee shall have the option, to be exercised by written notice to the Lessor at least three hundred sixty‑five ninety (36590) days prior to the expiration of the Term of this Lease, to purchase the entire Leased Property then subject to this LeaseProperty, and not less than the entire Leased Property then subject to this LeaseProperty, at a purchase price equal to the Option Price for the entire Leased Property then subject to this Lease. In the event that Lessee exercises the foregoing purchase option, upon delivery of the exercise notice, all of Lessee's rights to extend the Term under Article II (if any remaining at the time of exercise of the purchase option) shall be forever forfeited and of no further force or effectProperty.
(b) Unless expressly otherwise provided in this Section 33.134.1, if in the event Lessee exercises the option to purchase the Leased Property as provided in this Section 33.134.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must shall be closed upon following the expiration of the Term and within thirty (30) days after such expiration of the Term.
(c) With respect to the Shasta Ground Leased Property, (i) in the event Lessee or Prime A exercises its option to purchase as set forth in this Section 34.1, Lessor will, at the closing of such purchase, transfer and assign to Lessee or Prime A, as applicable, all of Lessor’s rights and interests in and to (A) the Shasta Ground Lease, subject to the terms, provisions and conditions of the Ground Lease and subject to Lessee or Prime A, as applicable, executing and delivering to Lessor an instrument whereby Lessee or Prime A, as applicable, assumes all of the obligations under the Shasta Ground Lease, (B) the Air Ambulance Agreement, subject to the terms, provisions and conditions thereof, and (C) the Kiwanis House Sublease, subject to the terms, provisions and conditions thereof; and (ii) Lessee acknowledges that the portion of the Leased Property relating to the Shasta Facility includes a condominium unit located at 0000 Xxxx Xxxxxx, at the intersection of East and Xxxx Xxxxxx, Xxxx 000, Xxxxxxx, Xxxxxx Xxxxxx, California (the “Shasta Condominium Property”). Lessee further acknowledges that pursuant to Article XIX of the Declaration of Covenants, Conditions and Restrictions (the “Shasta Condominium Declaration”) for Redding Medical Condominium Owners’ Association (the “Shasta Association”) recorded in Book 2693, Page 641, the Association has a right of first refusal on the Condominium Property; therefore, Lessee’s option to purchase the Condominium Property pursuant to this Section 34.1 is subject to the purchase option as set forth in the Condominium Declaration.
Appears in 1 contract
Samples: Master Lease Agreement (MPT Operating Partnership, L.P.)
Lessee's Option to Purchase. (a) So long as (i) Subject to the terms and conditions and provisions set forth in this ARTICLE XV, PROVIDED that no Event of Default has shall have occurred and is continuing, and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and (ii) no Event of Default has occurred and is be continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such option, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II), Lessee shall have the optionoption (the "PURCHASE OPTION"), exercisable at any time during the Lease Term on or prior to the tenth Business Day next preceding the Scheduled Termination Date, to purchase from the Lessor the Lessor's interest in any of the Properties for a purchase price equal to the Purchase Option Price for such Property. Such option must be exercised by written notice to the Lessor at least three hundred sixty‑five (365) days prior to and the expiration Credit Bank, which exercise shall be irrevocable, and such notice will specify the closing date for the Lessee's purchase of the Term to purchase the entire Leased Property then subject to this Leasespecified Property, and which date shall be (i) not less than ten (10) Business Days or more than 90 calendar days following the entire Leased Property then Lessor's receipt of such notice and (ii) in any event not later than the Scheduled Termination Date. If the Purchase Option is exercised pursuant to the foregoing, then, subject to the provisions set forth in this LeaseARTICLE XV, at a purchase price equal on such closing date, the Lessor shall convey to the Option Price for Lessee, and the entire Leased Property then subject to this Lease. In Lessee shall purchase from the event that Lessee exercises the foregoing purchase optionLessor, upon delivery all, but not less than all, of the Lessor's interest in the specified Property. If the Lessee fails to exercise noticethe Purchase Option in a timely manner, all of Lessee's rights to extend then the Term under Article II (if Purchase Option shall thereupon automatically terminate without any remaining at the time of exercise further action of the purchase option) Lessor, and the Purchase Option shall thereafter be forever forfeited and of no further force or effect.
(b) Unless expressly otherwise provided in this Section 33.1, if Lessee exercises the option to purchase the Leased Property as provided in this Section 33.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed upon the expiration of the Term.
Appears in 1 contract
Lessee's Option to Purchase. (a) So long as (i) no Event of Default has occurred and is continuing, and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and (ii) no Event of Default has occurred and is continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such option, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II), Lessee shall have the option, to be exercised by written notice to the Lessor at least three hundred sixty‑five sixty-five (365) days prior to the expiration of the Term to purchase the entire Leased Property then subject to this Lease, and not less than the entire Leased Property then subject to this Lease, at a purchase price equal to the Option Price for the entire Leased Property then subject to this Lease. In the event that Lessee exercises the foregoing purchase option, upon delivery of the exercise notice, all of Lessee's ’s rights to extend the Term under Article II (if any remaining at the time of exercise of the purchase option) shall be forever forfeited and of no further force or effect.
(b) Unless expressly otherwise provided in this Section 33.1, if Lessee exercises the option to purchase the Leased Property as provided in this Section 33.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed upon the expiration of the Term.
Appears in 1 contract
Samples: Master Funding and Development Agreement (Adeptus Health Inc.)
Lessee's Option to Purchase. (a) So long as (i) no Event of Default has occurred and is continuing, and no event then exists which with the giving of notice or the passage of time or both would constitute an Event of Default, and (ii) no Event of Default has occurred and is continuing at the time of the closing of the purchase after Lessee notifies Lessor of its intent to exercise of such option, at the expiration of the Term of this Lease (as the same may be extended pursuant to Article II), Lessee shall have the option, to be exercised by written notice to the Lessor at least three hundred sixty‑five (365) days prior to the expiration of the Term to 65 purchase the entire Leased Property then subject to this Lease, and not less than the entire Leased Property then subject to this Lease, at a purchase price equal to the Option Price for the entire Leased Property then subject to this Lease. In the event that Lessee exercises the foregoing purchase option, upon delivery of the exercise notice, all of Lessee's rights to extend the Term under Article II (if any remaining at the time of exercise of the purchase option) shall be forever forfeited and of no further force or effect.
(b) Unless expressly otherwise provided in this Section 33.1, if Lessee exercises the option to purchase the Leased Property as provided in this Section 33.1, (i) the terms set forth in Article XVIII shall apply, (ii) Lessee shall continue paying Rent as required under this Lease until the purchase is closed, and (iii) the sale/purchase must be closed upon the expiration of the Term.
Appears in 1 contract
Samples: Master Funding and Development Agreement (Adeptus Health Inc.)