Lessor's Option to Purchase. In the event that this Agreement is terminated, Lessor shall have the option to purchase the Leased Equipment used exclusively for Lessor's ITFS license. Any equipment which is used in a shared fashion (such as transmit antenna, decoders and combiners) in providing signals other than Lessor's signals are excluded from this option to purchase. The intent of the purchase option provided for in Paragraphs 16(A) is to provide Lessor with the capability to continue to perform on Lessor's ITFS license. The purchase price shall be the market value of such equipment noted above as determined by mutual agreement or by averaging the values obtained from two (2) appraisals, with one appraiser each chosen by Lessor and Lessee.
Lessor's Option to Purchase the Tenant's Personal Property. ---------------------------------------------------------- Effective on not less than ninety (90) days prior written notice given at any time within one hundred eighty (180) days prior to the expiration of the Term, but not later than ninety (90) days prior to such expiration, or such shorter notice as shall be appropriate if this Lease is terminated in whole or in part or Tenant is dispossessed of any of the Leased Properties prior to the expiration of the Term, subject to the rights of any Leasehold Mortgagee in respect of Tenant's Personal Property, Lessor or its designee shall have the option to purchase all (but not less than all) of Tenant's Personal Property located at the Leased Property(ies) in question, if any, at any expiration or termination of the Term, for a purchase price equal to the unamortized portion of the original cost based upon the economic useful life, as defined by the American Hospital Guide (or, if such guide ceases to be published by the American Hospital Association, a substitute guide or other economic useful life reference book mutually agreed upon by Lessor and Tenant, each acting reasonably), subject to, and with appropriate price adjustments for, all equipment leases, conditional sale contracts, UCC-1 financing statements (including those financing statements filed in connection with the Leasehold Mortgages) and other encumbrances to which such Personal Property is subject. Promptly following demand by Lessor (but in any event within thirty (30) days following such demand), Tenant shall deliver to Lessor a computation and statement, in form, content and detail reasonably satisfactory to Lessor, of the purchase price described above as of the date of such expiration, termination or dispossession, as the case may be, for all of Tenant's Personal Property located at the Leased Property(ies) in question.
Lessor's Option to Purchase the Tenant's Personal ------------------------------------------------- Property. Effective on not less than ninety (90) days prior written notice -------- given at any time within one hundred eighty (180) days prior to the expiration of the Term, but not later than ninety (90) days prior to such expiration, or such shorter notice as shall be appropriate if this Lease is terminated prior to the expiration of the Term, Lessor shall have the option to purchase all (but not less than all) of Tenant's Personal Property located at any Leased Property, if any, at the expiration or termination of the Term, for an amount equal to (i) the book value thereof if such termination is due to an Event of Default or (ii) the then net value thereof (current replacement cost less accumulated depreciation on the books of Tenant pertaining thereto) if such termination is not caused by an Event of Default, subject to, and with appropriate price adjustments for, all equipment leases, conditional sale contracts, UCC-1 financing statements (including their financial statements filed in connection with the Leasehold Mortgage) and other encumbrances to which such Personal Property is subject. ARTICLE XXXVIII ---------------
Lessor's Option to Purchase. THE LESSEE'S PERSONAL PROPERTY. Effective on not less than ninety (90) days prior written notice, or such shorter notice as shall be appropriate if this Lease is terminated prior to its expiration date, Lessor shall have the option to purchase some or all of Lessee's Personal Property which does provide a new function with respect to Lessor's Personal Property, at the expiration or termination of this Lease, for an amount equal to the then net book value thereof as shown on Lessee's books, subject to, and with appropriate price adjustments for, all equipment leases, conditional sale contracts, UCC-1 financing statements and other encumbrances to which such personal property is subject.
Lessor's Option to Purchase. At any time during the Option Period (as defined in subparagraph 25(a)), Lessee shall have the option to purchase the Leased Property from Lessor, under the terms and conditions set forth in this Paragraph 26.
Lessor's Option to Purchase. 31.01 Upon the expiration or earlier termination of the term of this Lease, Lessor and/or Lessor's partners shall have the option to purchase all of the assets, tangible and intangible, owned by Lessee which are utilized in connection with the business operations conducted on the leased premises, including, but not limited to, all fixtures, furnishings, equipment and personal property of Lessee on or about the leased premises, and, to the extent assignable, Lessee's interest in all licenses and certificates pertaining to Lessee's use and operation of the leased premises (collectively the "Assets"); which option may be exercised by Lessor by notifying Lessee in writing not prior to ninety (90) days prior to the expiration or earlier termination of this lease or within ninety (90) days after the expiration or earlier termination of the term hereof. In the event Lessor shall exercise the foregoing option to purchase, the total consideration therefor to be paid by lessor at the closing of the transaction shall be One Dollar ($1.00) plus the fair market value of the Assets on the date of expiration or earlier termination of this Lease, such value to be determined by independent appraisal, performed by an appraiser mutually acceptable to the parties, the cost of which shall be borne equally by the parties.
31.02 Lessee agrees that in the event of exercise by Lessor of the foregoing option to purchase, Lessee shall execute all necessary and required documents to consummate the transaction, and Lessee shall utilize its best efforts to consummate the transaction in an expeditious manner; and Lessee agrees, at all times during the term of this Lease, to fully cooperate with Lessor in connection with the transfer and/or issuance of all licenses, certificates and governmental approvals necessary for Lessor's operation of the facilities on the leased premises. The option to purchase as set forth in this Section shall be freely assignable, in whole or in part, by Lessor.
Lessor's Option to Purchase. 34.1 LESSOR'S OPTION TO PURCHASE LESSEE'S PERSONAL PROPERTY ...................................... 57 34.2 LEASED PROPERTIES TRADE NAME ................................................................ 58 34.3 TRANSFER OF OPERATIONAL CONTROL OF THE FACILITIES ........................................... 58 34.3.1 Employees ....................................................................... 58 34.3.2 Change in Control ............................................................... 58 34.3.3 Business and Organization ....................................................... 58 34.3.4 Operations in Ordinary Course ................................................... 58 34.3.5
Lessor's Option to Purchase. 34.1 LESSOR'S OPTION TO PURCHASE LESSEE'S PERSONAL PROPERTY. Unless Lessee purchases the Leased Properties as provided in this Lease, upon the expiration or termination of this Lease, Lessor shall have the option on the terms hereinafter set forth to purchase any of Lessee's Personal Property that is not deemed to have been sold, assigned, transferred and conveyed to Lessor pursuant to Section 6.3 hereof, for an amount equal to the then book value thereof (acquisition cost less accumulated depreciation on the books of Lessee pertaining thereto), subject to, and with appropriate credits for, any obligations owing from Lessee to Lessor and for the then outstanding balances owing on all equipment leases, conditional sale contracts and any other Encumbrances to which such Lessee's Personal Property is subject. Lessor's option shall be exercised by Notice to Lessee no more than one hundred eighty (180) days, nor less than ninety (90) days, before the expiration of the Realty Term, unless this Lease is terminated prior to its expiration date by reason of an Event of Default, in which event Lessor's option shall be exercised not more than ninety (90) days after the date of 57
Lessor's Option to Purchase. Upon receipt of any notice given in accordance with Section 10.4 above (an “Intent to Sell Notice”), Lessor (or any assignee of Lessor) shall have the option to purchase the Improvements at the Purchase Option Price set forth in Section 10.7 below. Such price is designed to ensure the affordability to succeeding Low- and Moderate-Income Resident families while taking fair account of the investment of labor and capital by the Lessee.
Lessor's Option to Purchase. In the event Lessee gives notice to Lessor of its intent to convey the Improvements, or any portion thereof, pursuant to Section 6.2 above, Lessor may, within the 90-day response period provided for pursuant to such section, exercise a right of first refusal to purchase the Improvements or portion thereof at fair market value. Fair market value shall be determined by an appraiser mutually selected by the parties, and whose fees are shared equally between them, within 30 days after the Lessor indicates its intent to exercise its right of first refusal; or, if the parties cannot mutually agree upon an appraiser within 30 days, then each party shall obtain an independent appraisal at its own cost, and the fair market value shall be the average of the parties' appraised values. The parties shall proceed in good faith to diligently accomplish a sale of the Improvements, or portion thereof, to the Lessor pursuant to this Section 6.3.
