MERGER AND SALE PROVISIONS. Lessee will notify Lessor of any proposed Merger at least sixty (60) days prior to the closing date. Lessor may, in its discretion, either (i) consent to the assignment of the Master Lease and all relevant Schedules to the successor entity, or (ii) terminate the Lease and all relevant Schedules. If Lessor elects to consent to the assignment, Lessee and its successor will sign the assignment documentation provided by Lessor. If Lessor elects to terminate the Master Lease and all relevant Schedules, then Lessee will pay Lessor all amounts then due and owing and a termination fee equal to the present value (discounted at 6%) of the remaining Rent for the balance of the Initial Term(s) of all Schedules, and will return the Equipment in accordance with Section 9. Lessor hereby consents to any Merger in which the acquiring entity has a Xxxxx'x Bond Rating of BA3 or better or a commercially acceptable equivalent measure of creditworthiness as reasonably determined by Lessor.
MERGER AND SALE PROVISIONS. Lessee will notify Lessor of any proposed Merger at least sixty (60) days prior to the closing date. Lessor may, in its discretion, either (i) consent to the assignment of the Master Lease and all relevant Schedules to the successor entity, or (ii) terminate the Master Lease and all relevant Schedules. If Lessor elects to consent to the assignment, Lessee and its successor will sign the assignment documentation provided by Lessor. If Lessor elects to terminate the Master Lease and all relevant Schedules, then Lessee will pay Lessor all amounts then due and owing and a termination fee equal to the present value (discounted at 6%) of the remaining Rent for the balance of the Initial Term(s) of all Schedules, and will return the Equipment in accordance with Section 9.
MERGER AND SALE PROVISIONS. In line 2, delete "sixty (60)" and replace with "twenty (20)".
MERGER AND SALE PROVISIONS. In the second line delete the words "sixty (60)" and replace it with "twenty (20)".
MERGER AND SALE PROVISIONS. In line 2, delete "sixty (60)" and replace with "twenty (20)". CARDIMA, INC. COMDISCO, INC. as Lessee as Lessor By: /s/ Xxxx Xxxxxxx By: -------------------- ------------------------- Title: Title: ------------------ ---------------------- Date: Date: ------------------- ----------------------- COMDISCO, INC,COMDISCO, INC. 0000 Xxxxx Xxxxx Xxxx PURCHASE AGREEMENT - Leaseback Xxxxxxxx, Xxxxxxxx 00000 (Installed Equipment) This Agreement dated as of March 18, 1996 by and between COMDISCO, INC., a Delaware corporation, having its principal place of business at 0000 Xxxxx Xxxxx Xxxx, Xxxxxxxx, Xxxxxxxx 00000, hereinafter called BUYER and Cardima, Inc. a corporation, having its principal place of business at 00000 Xxxxxxx Street, XX Xxx 00000, Xxxxxxx, Xxxxxxxxxx 000000-0000 hereinafter called SELLER. Witnesseth, that in consideration of the mutual undertaking herein contained, the parties agree as follows:
MERGER AND SALE PROVISIONS. Lessee will notify Lessor of any proposed Merger at least sixty (60) days prior to the closing date. Lessor may, in its discretion, either (i) consent to the assignment of the Master Lease and all relevant Schedules to the successor entity, or (ii)terminate the Lease and all relevant Schedules. If Lessor elects to consent to the assignment, Lessee and its successor will sign the assignment documentation provided by Lessor. If Lessor elects to terminate the Master Lease and all relevant Schedule, then Lessee will pay Lessor all amounts ten due and owing and a termination fee equal to the present value (discounted at 6%) of the remaining Rent for the balance of the initial Term(s) of all Schedules, and will return the Equipment in accordance with Section 9. Lessor hereby consents to any Merger in which the acquiring entity has a Moody's Bond Rating of BA3 or better or a commercially acceptable eqxxxxxxxt measure of creditworthiness as reasonably determined by Lessor.
MERGER AND SALE PROVISIONS. First sentence, lines 1 and 2, delete "at least sixty (60) days prior to the closing date" and insert "no later than the date notice thereof is provided to Lessee's shareholders". At the end of this section add, "Lessor's consent hereunder will not be unreasonably delayed".
MERGER AND SALE PROVISIONS. Lessee will notify Lessor of any proposed Merger at lease sixty (60) days prior to the closing date, and include with such notice all reasonably necessary documentation in connection with any such proposed Merger. Lessor may, in its discretion, either (i) consent to the assignment of the Master Lease and all relevant Schedules to the successor entity, or (ii) terminate the Lease and all relevant Schedules. If Lessor elects to consent to the assignment, Lessee and its successor will sign the assignment documentation provided by Lessor. If Lessor elects to terminate the Master Lease and all relevant Schedules, then Lessee will pay Lessor all amounts then due and owing and a termination fee equal to the present value (discounted at 6%) of the remaining Rent for the balance of the Initial Term(s) of all Schedules, and will return the Equipment in accordance with Section 9. Lessor hereby consents to any Merger in which the surviving entity has a Xxxxx'x Bond Rating of BA3 or better or a commercially acceptable equivalent measure of creditworthiness as reasonably determined by Lessor.
MERGER AND SALE PROVISIONS. The second sentence of Section 14.4 of the Master Lease shall be deleted in its entirety and replaced with the following; "Lessor shall have the right to consent to the assignment of the Master Lease and all relevant Schedules to the successor entity, which consent shall not be unreasonably withheld. If such consent is reasonably withheld, then Lessor shall have the option to terminate the Master Lease and all relevant Schedules."
MERGER AND SALE PROVISIONS. In line 2, delete "sixty (60)" and replace with "thirty (30)". To the last sentence insert at the beginning, "Unless Lessee chooses to exercise its Purchase Option".
