Lxxx 0 Xxxxxxx Xxxxxx Sample Clauses

Lxxx 0 Xxxxxxx Xxxxxx. So long as Tenant is not in default and has never committed a default under this Lease extending beyond the applicable cure period, and the original Tenant named in this Lease (or a Permitted Transferee) remains the Tenant under this Lease and continues to occupy and operate out at least 75% of the Premises, Tenant may require that Landlord develop Lxxx 3 by giving Tenant’s irrevocable written commitment to Landlord (the “Lxxx 3 Trigger Notice”) to expand the Premises to include at least 50% of the Rentable Square Feet of Lxxx 3 at the additional Phase 3 Basic Monthly Rent (defined below). The Lxxx 3 Trigger Notice must include (a) the number of Rentable Square Feet to which Tenant is specifically committed or state that the commitment is for all of Lxxx 3; (b) identification of those items from the attached Addendum No. 3-A that Tenant requires to be incorporated into the Phase 3 Premises (the “Required Elements”); (c) a description of items or concepts Tenant would like to be incorporated into Lxxx 3 or the Lxxx 3 Premises (“Non-Required Elements”); (d) a list of at least four general contractor candidates for the Lxxx 3 construction (the “Contractor Candidates”), each of which must be based in San Diego, California (or be a national construction company with a substantial physical presence in San Diego), with substantial recent experience as general contractor for projects in San Diego of the type and size of Lxxx 3, with the capacity and availability to construct Lxxx 3, a bondable rate of 0.5% or better, a bonding capacity sufficient for the proposed project, and with good reputations, each of whom must be reasonably acceptable to Landlord; and (e) a $150,000 deposit to be used by Landlord for the costs for which Tenant is responsible under this Addendum (the “Trigger Deposit”). To be effective, the Lxxx 3 Trigger Notice must be received by Landlord before the earliest of (i) the date Landlord executes a lease or letter of intent to lease any portion of Lxxx 3 (so long as Landlord did not violate the paragraph in this Addendum governing Tenant’s right of first offer to lease Lxxx 3); (ii) the date Landlord begins development of Lxxx 3; and (iii) 36 months after the Commencement Date for the Phase 2 Premises. The Lxxx 3 Trigger Notice must be accompanied by evidence reasonably acceptable to Landlord that Tenant has sufficient creditworthiness, cash flow, net operating income, equity/debt ratio, and net worth to satisfy the obligations of this Lease as ...
AutoNDA by SimpleDocs

Related to Lxxx 0 Xxxxxxx Xxxxxx

  • Sxxxxxxx-Xxxxx The Company is, or on the Closing Date will be, in material compliance with the provisions of the Sxxxxxxx-Xxxxx Act of 2002, as amended, and the rules and regulations promulgated thereunder and related or similar rules or regulations promulgated by any governmental or self-regulatory entity or agency, that are applicable to it as of the date hereof.

  • XX XXXXXXX XXXXXXX xxx undersigned, being the sole trustee of the Trust, has executed this Certificate of Trust as of the date first above written. Wilmington Trust Company, not in its individual capacity but solely as owner trustee under a Trust Agreement dated as of February 13, 2002 By:_____________________________________ Name: Title: EXHIBIT C [FORM OF RULE 144A INVESTMENT REPRESENTATION] Description of Rule 144A Securities, including numbers: -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- -------------------------------------------------------------- The undersigned seller, as registered holder (the "Seller"), intends to transfer the Rule 144A Securities described above to the undersigned buyer (the "Buyer").

  • Xxxxxx Xxxxxx The term "

  • Xxxxxxx Xxxxx Xxxxxxx hereby grants to XOMA a fully-paid, exclusive (except as to Alexion and any Third Party manufacturer designated in accordance with Section 5.1) license to utilize the Alexion Background Technology and the Alexion Collaboration Technology (i) to Develop, Manufacture and Co-Promote Products in the Field in the Territory under the terms and subject to the conditions set forth in this Agreement and pursuant to the Development Plan and (ii) to discover, use, develop, make, have made, sell, offer for sale, import or export a Product in a Future Indication as to which Alexion has Opted Out and not Opted Back In. Except as expressly provided herein, such licenses to Alexion Background Technology shall terminate upon expiration or termination of this Agreement and to Alexion Collaboration Technology shall survive expiration or termination of this Agreement forever without regard to the restriction as to Field or the requirement of a Development Plan.

  • Xxxxx Xxxxxxx If immediately prior to the third anniversary (the “Renewal Deadline”) of the initial effective date of the Registration Statement, any of the Shares remain unsold by the Underwriters, the Company will, prior to the Renewal Deadline, file, if it has not already done so and is eligible to do so, a new automatic shelf registration statement relating to the Shares, in a form satisfactory to the Representative. If the Company is not eligible to file an automatic shelf registration statement, the Company will, prior to the Renewal Deadline, if it has not already done so, file a new shelf registration statement relating to the Shares, in a form satisfactory to the Representative, and will use its best efforts to cause such registration statement to be declared effective within 180 days after the Renewal Deadline. The Company will take all other action necessary or appropriate to permit the issuance and sale of the Shares to continue as contemplated in the expired registration statement relating to the Shares. References herein to the Registration Statement shall include such new automatic shelf registration statement or such new shelf registration statement, as the case may be.

  • Xxxx-Xxxxx-Xxxxxx Notwithstanding any other provision in this Agreement, in the event the Xxxx Xxxxx Xxxxxx Antitrust Improvements Act of 1976, as amended (the “HSR Act”), is applicable to any Member by reason of the fact that any assets of the Company will be distributed to such Member in connection with the dissolution of the Company, the distribution of any assets of the Company shall not be consummated until such time as the applicable waiting periods (and extensions thereof) under the HSR Act have expired or otherwise been terminated with respect to each such Member.

  • Xxxxxx Xxxxxxx Copies of any notice given to the Company or the Selling Stockholder shall be given to Xxxxxx & Xxxxxxx LLP at 000 Xxxxxxxx Xxxxxx, XX, Xxxxx 0000, Xxxxxxxxxx, Xxxxxxxx of Columbia, (fax: (000) 000-0000); Attention: Xxxxxxx X. Xxxxxxx.

  • Xxxxx Xxxxxxxx The principal office may hereafter from time to time be moved to such other place in the United States of America as may be designated by the Sole Member and Managing Member, as hereinafter defined, with written notice to all Members. The books and records of the Company shall be maintained at the Company's principal place of business, or such other location in the United States of America as determined by the Sole Member and Managing Member with written notice to all Members.

  • Xxxxxxxx-Xxxxx The Company is in compliance, in all material respects, with all applicable provisions of the Xxxxxxxx-Xxxxx Act of 2002 and the rules and regulations promulgated thereunder.

  • Xxxxxxx Xxxxxx LIMITED (a company registered in England and Wales with registered number 2104188), whose registered office is at 00 Xxx Xxxxxx, London EC4M 7EN (“Xxxxxxx Xxxxxx”);

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!