LESSEE'S RIGHT OF FIRST REFUSAL. If, during the Term, Lessor shall receive from Health Care Property Investors, Inc., a Maryland corporation (or any affiliate thereof) (the "Transferee") a written, bona fide offer to purchase the Leased Property, and Lessor is willing to accept such offer, so long as Lessee is not in monetary or payment default of any kind, or no event has occurred which with the giving of notice or the passage of time or both would constitute such a default under the terms of this Lease, the Other Leases and the Tenant Leases, Lessor must first present such offer to Lessee and allow Lessee the right to purchase the Leased Property upon the same price, terms and conditions as set forth in such offer except as otherwise expressly set forth herein; provided, however, in the event Transferee makes a bona fide offer to purchase any time after the second anniversary of the Commencement Date, in lieu of such right of first refusal, Lessee may exercise its option to purchase as provided in Section 35.1. Lessor shall make such offer by delivery of written notice to Lessee (the "Notice") which shall contain the amount to be paid for the Leased Property (including the amount and type of any consideration other than cash), the terms of payment, the date on which the Leased Property is proposed to be sold and all other terms and conditions of such transfer. For a period of ten (10) days following the date of the Notice (the "Option Period"), Lessee shall have the right, option and privilege (but not the obligation) to purchase the Leased Property. If Lessee determines to purchase the Leased Property, it shall deliver written notice of that fact to Lessor within the Option Period and such delivery shall create an agreement between Lessor and Lessee pursuant to which Lessor shall sell and Lessee shall purchase the Leased Property from Lessor (i) at the price and upon the terms and conditions stated in the Notice, and (ii) in accordance with the terms, conditions and provisions set forth in Article XVIII, and the sale/purchase must be closed on the earlier of (A) the closing date as stated in the Notice, or (B) ninety (90) days (the "Closing Period") from the date of the written notice from Lessee to Lessor of Lessee's intent to purchase. If Lessee does not exercise its option to purchase the Leased Property within the Option Period, or if Lessee does not close the purchase within the Closing Period, then Lessee's option and the right of first refusal shall be deemed not to have been ex...
LESSEE'S RIGHT OF FIRST REFUSAL. If Xxxxxx receives a bona fide offer to purchase the Leased Property, and Lessor desires to sell the Leased Property pursuant to the terms of such offer, Lessee shall have the option, within thirty (30) days after receipt of written notice from Lessor setting forth the terms of such offer, to (i) purchase the Leased Property at the same price and upon the same terms and conditions as those set forth in the notice from Lessor, or (ii) consent to the sale and the assignment of the lease to the purchaser of the Leased Property.
LESSEE'S RIGHT OF FIRST REFUSAL. If the leasing committees of the Lessor and the Lessee shall fail to agree upon a Fair Market Rental Value for a Renewal Term within the time provided in Section 3.1(e) above, Lessor shall have the right to discuss and negotiate the terms of a new lease of the Leased Property with any other party, such new lease to commence upon the expiration of the then current Initial Term or Renewal Term, as applicable; provided, however, that at such time as Lessor and any such third party have reached agreement on the terms of such new lease (the "New Lease"), a copy of the proposed New Lease shall be sent to Lessee whereupon Lessee shall have 20 days in which to elect to enter into the same lease with Lessor, such election to be manifested by executing and returning to Lessor 4 original counterparts of the New Lease within such 20 day period. If Lessee timely makes such election in the manner aforesaid, this Lease shall terminate at the end of the then current Initial Term or Renewal Term, as applicable, and the New Lease shall commence between Lessor and Lessee immediately thereafter. If Lessee fails to execute and return the New Lease within such 20 day period, this Lease shall terminate at the end of the then current Initial Term or Renewal Term, as applicable, and Lessee shall have no further rights with respect to the Leased Property except as may be expressly set forth elsewhere in this Lease.
LESSEE'S RIGHT OF FIRST REFUSAL. At any time during the term of this leasehold agreement, or during any option period hereunder, Lessee shall have a right of first refusal to purchase the Leasehold Premises. Should Lessor receive a bona fide offer to purchase the Leasehold Premises, said offer shall be communicated in writing to Lessee. Lessee shall then have until 5:00 pm on the tenth (10th) business day following receipt of notification of that offer to match that offer and agree to purchase the Leasehold Premises under the terms and conditions thereof.
LESSEE'S RIGHT OF FIRST REFUSAL. If Lessor receives an offer to buy, transfer or exchange (the “Offer”) all or any interest in the Premises (the “Offered Interest”) at any time prior to expiration or earlier termination of the Lease Term (including any extension thereof) and Lessor desires to accept such Offer, then Lessor shall notify Lessee of the terms of the Offer. If Lessee, within ten (10) days after receipt of Lessor’s notice, notifies Lessor in writing of its agreement to purchase the Offered Interest on the terms stated in the Offer, Lessor shall sell and convey the Offered Interest to Lessee on the terms stated in the Offer. If Lessee does not notify Lessor in writing of its agreement to purchase the Offered Interest within the ten (10) day period, Lessor thereafter shall have the right to sell and convey the Offered Interest (subject to Lessee’s rights under this Lease, including the right of first refusal provided in this Article XV with respect to subsequent sales, transfers or exchanges) on the terms stated in the Offer. If Lessor does not sell and convey the Offered Interest within one hundred eighty (180) days after expiration of the ten (10) day period, any further transaction shall be deemed a new Offer and the provisions of this Article XV shall be applicable. Notwithstanding the foregoing, the provisions of this Article XV shall not apply to a contemplated sale or transfer by Lessor of all or any interest in the Premises to any parent of Lessor or any entity under common control with Lessor, or any joint venture, partnership, corporation (foreign or domestic), or other entity of which Lessor or a subsidiary of Lessor or any corporation controlled by or under common control with Lessor owns at least fifty percent (50%) of the net assets or fifty percent (50%) of the voting stock or other equity interest.
LESSEE'S RIGHT OF FIRST REFUSAL. The applicable Lessee shall have waived such Lessee's right of first refusal to purchase the applicable portion of the Leased Property pursuant to Section 18.3 of the applicable Lease.
LESSEE'S RIGHT OF FIRST REFUSAL. If Lessor, at any time during the Term, receives an offer to purchase Lessor's leasehold or fee interest in the Premises, and Lessor desires to accept said offer, or if Lessor, at any time during the Term, makes an offer to sell its leasehold or fee interest in the Premises, then Lessor shall give Lessee thirty (30) days notice in writing of such offer setting forth the name and address of the proposed purchaser with executed copies of all relevant documents, the amount of the proposed purchase price, and all other terms and conditions of such offer, and Lessee shall have the first option to purchase Lessor's leasehold or fee interest in the Premises by giving written notice to Lessor of its intention to purchase within said thirty (30) day period. In the event Lessee exercises its option to purchase Lessor's leasehold or fee interest in the Premises, Lessor shall sell and Lessee shall purchase Lessor's
LESSEE'S RIGHT OF FIRST REFUSAL. Notwithstanding the failure of the Lessee to exercise its option under Section 1.3, if, during the Term, Lessor decides to occupy the third and/or fourth floors of the Building or to offer the space to a third party, Lessee shall have a right of first refusal to lease either the entire third floor or the entire third and fourth floors of the Building for the Rent per Lease Year or portion thereof which would have been due and payable for such space and subject to the same conditions and on the same terms and conditions as if the option had been exercised.
LESSEE'S RIGHT OF FIRST REFUSAL. If Sublessor does not indicate it's agreement to purchase Premises as provided in Section 49 of the Master Lease, Sublessor shall give notice to Sublessee of the terms Lessor is willing to sell premises within eight (8) days of receipt of such notice. Sublessee shall have eight (8) days of receipt of Sublessor's notice to indicate it's agreement to purchase. Lessor shall thereafter have the right to see the Premise as provided in the Master Lease, Section 49.
LESSEE'S RIGHT OF FIRST REFUSAL. If Lessor receives a bona fide offer from a third party to purchase the Property during the term of this Lease, or any extension, or renewal thereof, which offer Lessor desires to accept, Lessor shall, before accepting such offer, notify Lessee in writing of all the terms and conditions thereof and shall first offer to sell the Property to Lessee upon the same terms and conditions. Upon receipt of any such notice and offer from Lessor, Lessee shall have ten (10) days thereafter within which to accept the same in writing. Should Lessee fail to accept any such offer in writing within said ten (10) day period, Lessor shall be free for a period of ninety (90) days after the end of said ten (10) day period to sell the Property to the original offeror upon the same terms and conditions offered to Lessee without further notice to Lessee. If such sale is not made within such ninety (90) day period, the requirements of this Section 13.3 shall again be applicable and Lessor must re-offer the Property to Lessee prior to the sale to any third party. Lessee’s right of first refusal shall not apply to the sale or conveyance of the Property to any governmental entity. Notwithstanding anything herein to the contrary, this Lease, Lessee’s option to purchase the Property under Section 13.2 hereof, and Lessee’s right of first refusal shall terminate upon Lessor’s sale of the Property to a third party.
