Limitations on Tenant’s Rights. Notwithstanding any contrary provision of the Lease, any unexercised right or option of Tenant to renew or extend the term of the Lease or to expand the Premises (whether in the form of an expansion option, right of first offer or refusal, or any other similar right), and any outstanding tenant improvement allowance or other allowance not claimed and properly used by Tenant in accordance with the Lease as of such date, shall be deemed terminated and no longer available or of any further force or effect.
Limitations on Tenant’s Rights. Tenant will have no right to extend the Term, and Tenant’s Renewal Notice will be ineffective, if an uncured Event of Default exists at the time a Renewal Notice is given or at the time the applicable Renewal Term is scheduled to commence. Any assignment of this Lease or subletting of the Premises by Tenant (except in connection with a Permitted Transfer, as defined in Section 12.2 below) terminates Tenant’s rights under this Section 3.3, unless Landlord consents to the contrary in writing at the time of such subletting or assignment.
Limitations on Tenant’s Rights. Any assignment of this Lease or subletting of the Premises by Tenant (excluding an assignment that is a Permitted Transfer) terminates Tenant’s rights with respect to the Termination Option, unless Landlord consents to the contrary in writing at the time of such subletting or assignment.
Limitations on Tenant’s Rights. (a) Neither this Lease nor the interest of Tenant in this Lease shall be sold, assigned, transferred, mortgaged, pledged, hypothecated or otherwise disposed of, whether by operation of law or otherwise, nor shall the Premises or any part thereof be sublet or subject to any license or concession without the prior written consent of Landlord in each instance. The sale or transfer of a controlling interest in Tenant or Tenant's Guarantor shall be considered for the purpose of this Lease to be an assignment, and likewise shall require Landlord's prior written consent (which consent shall not be unreasonably withheld), except where Tenant or Tenant's Guarantor is a corporation having its shares traded on the New York, American or Over-The-Counter stock exchange or market. Tenant shall make available to Landlord the stock record books of Tenant and Tenant's Guarantor and shall produce the same on request of Landlord. Similarly, if Tenant is a limited liability company or a partnership, the interest of any member or partner, respectively, shall not be transferred without Landlord's prior written consent. For the purposes of this Lease, the entering into of any management agreement or any similar agreement which transfers control of the business operations of Tenant in the Premises shall be treated as an assignment of this Lease and shall require Landlord's prior written consent. Any attempted transfer, assignment, subletting, license or concession agreement, hypothecation or other transfer herein that is prohibited without Landlord's prior written consent shall be void and confer no rights upon any third party.
Limitations on Tenant’s Rights. At Landlord’s option, Tenant will have no right to extend the Term, and Tenant’s Renewal Notice will be ineffective, if an Event of Default, or any fact or circumstance which with the passage of time or the giving of notice or both would constitute an Event of Default, exists beyond any applicable cure period at the time a Renewal Notice is given or at the time the applicable Renewal Term is scheduled to commence. Any termination of this Lease terminates all rights under this Section 9. Any assignment of this Lease or subletting of more than 30% of the Premises by Tenant (excluding an assignment or sublease that is a Permitted Transfer (as defined below)) terminates Tenant’s rights under this Section 9, unless Landlord consents to the contrary in writing at the time of such subletting or assignment.
Limitations on Tenant’s Rights. At Landlord’s option, Tenant will have no right to extend the Term, and Tenant’s Renewal Notice will be ineffective, if an Event of Default exists at the time a Renewal Notice is given or at the time the Renewal Term is scheduled to commence. Any termination of this Lease terminates all rights under this Section 0. Except for a Permitted Transfer, any assignment of this Lease or subletting of Premises by Tenant terminates Tenant’s rights under this Section 0, unless Landlord consents to the contrary in writing at the time of such subletting or assignment. Having read and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant have signed it as of the Lease Date. LANDLORD: GIG CW COMPARK, LLC, a Delaware limited liability company By: /s/Xxxxxx Xxxxx Name: Xxxxxx Xxxxx Title: Chief Investment Officer TENANT: ZYNEX, INC., a Nevada corporation By: /s/Xxx Xxxxxxxx Name: Xxx Xxxxxxxx Title: Chief Financial Officer EXHIBIT A THE LAND XXX 0X-0X, XXXXXXX XXXXXX XX. 0, 0XX XXXXXXXXX, RECORDED DECEMBER 2, 2004 AT RECEPTION NO. 2004122556, COUNTY OF XXXXXXX, STATE OF COLORADO. PARCEL 2: THE BENEFICIAL EASEMENTS SET FORTH AND DESCRIBED IN ACCESS AGREEMENT RECORDED DECEMBER 5, 2012 AT RECEPTION NO. 2012093160, COUNTY OF XXXXXXX, STATE OF COLORADO. FOR INFORMATION PURPOSES ONLY: TAX PIN: 2233-061-02-006 ADDRESS: 00000 XXXXXXXXXX XXXXX, XXXXXXXXX, XX EXHIBIT B THE PREMISES
Limitations on Tenant’s Rights. (a) Tenant’s right to install and maintain the Building-Top Sign is expressly conditioned on Tenant occupying at least one full floor of the Building (provided that for purposes of this Section 21.5, “occupying at least one full floor” will mean Tenant is utilizing at least 90% of the Rentable Area on one full floor of the Building with Tenant’s employees and Tenant has not subleased any portion of the Premises). If Tenant is not occupying at least one full floor of the Building for a period of 180 consecutive days or more, without limiting Landlord’s other remedies under this Lease, Landlord will have the right, by notice delivered to Tenant, to revoke the rights granted under this Section 21.5, and upon such revocation, Tenant will remove the Building-Top Sign in accordance with Section 21.6.
Limitations on Tenant’s Rights. Tenant will have no right to lease any ROFR Space and its notice exercising the Right of Refusal will be ineffective if a Default exists at the time such notice is given or at the time the amendment to this Lease is scheduled to be executed by Landlord and Tenant or if Tenant has exercised the “Partial Termination Option” (as defined in Section 32). Any termination of this Lease terminates all rights under this Section 30. Any assignment of this Lease or subletting of Premises by Tenant (excluding a Permitted Transfer) terminates Tenant’s rights with respect to the Right of Refusal, unless Landlord consents to the contrary in writing at the time of such subletting or assignment.
Limitations on Tenant’s Rights. At Landlord’s option, Tenant will have no right to extend the Term, and Tenant’s Renewal Notice will be ineffective, if a Default exists at the time a Renewal Notice is given or at the time the applicable Renewal Term is scheduled to commence. Any termination of this Lease terminates all rights under this Section 34. Any assignment of this Lease or subletting of Premises by Tenant (excluding an assignment that is a Permitted Transfer) terminates Tenant’s rights under this Section 34, unless Landlord consents to the contrary in writing at the time of such subletting or assignment. Having read and intending to be bound by the terms and provisions of this Lease, Landlord and Tenant have signed it as of the Date. TENANT: LANDLORD: SINGULEX, INC., AMSTAR-105, LLC, a Delaware corporation a Colorado limited liability company By: /s/ Philippe Goix By: /s/ D. Xxxxx Xxxxxx
Limitations on Tenant’s Rights. Tenant will have no right to lease any ROFO Space and its ROFO Acceptance Notice will be ineffective if a Default exists at the time such
