No Defaults; Required Financial Condition of Tenant. The rights contained in this Section 3.2 shall be personal to the Original Tenant, its Affiliates and any Permitted Assignee and may only be exercised by such Original Tenant, Affiliate or Permitted Assignee (and not any other assignee, sublessee or other transferee of the Original Tenant’s interest in the Lease, as amended) if the Original Tenant, Affiliate and/or Permitted Assignee occupies not less than one hundred percent (100%) of the then existing Expansion Premises. The right to extend the Expansion Term as provided in this Section 3.2 may not be exercised if, as of the date of the attempted exercise of the extension option by Tenant, or as of the commencement date of such Option Term, (A) Tenant is in economic or material default pursuant to the terms of the Lease (as amended, beyond any applicable notice and cure periods), (B) Tenant has previously been in economic or material default under the Lease (as amended, beyond any applicable notice and cure periods) during the previous twenty-four (24) month period, or (C) Tenant fails to satisfy the “Threshold Requirements,” as that term is set forth in Section 21.2.2 of the Lease.
Appears in 2 contracts
Samples: Office Lease (Favrille Inc), Office Lease (Favrille Inc)
No Defaults; Required Financial Condition of Tenant. The rights contained in this Section 3.2 2.2 shall be personal to the Original Tenant, its Affiliates and any Permitted Assignee and may only be exercised by such Original Tenant, Affiliate or Permitted Assignee (and not any other assignee, sublessee or other transferee of the Original Tenant’s 's interest in the this Lease, as amended) if the Original Tenant, Affiliate and/or Permitted Assignee occupies not less than one hundred percent (100%) of the then existing Expansion Premises. The right to extend the Expansion Lease Term as provided in this Section 3.2 2.2 may not be exercised if, as of the date of the attempted exercise of the extension option by Tenant, or as of the commencement date of such Option Term, (A) Tenant is in economic or material default pursuant to the terms of the this Lease (as amended, beyond any applicable notice and cure periods), (B) Tenant has previously been in economic or material default under the this Lease (as amended, beyond any applicable notice and cure periods) during the previous twenty-four (24) month period, or (C) Tenant fails to satisfy the “Threshold Requirements,” as that term is set forth in Section 21.2.2 of the Lease.
Appears in 1 contract
Samples: Center Office Lease (Farville Inc)
No Defaults; Required Financial Condition of Tenant. The rights contained in this Section 3.2 2.2 shall be personal to the Original Tenant, its Affiliates and any Permitted Assignee and may only be exercised by such Original Tenant, Affiliate or Permitted Assignee (and not any other assignee, sublessee or other transferee of the Original Tenant’s interest in the this Lease, as amended) if the Original Tenant, Affiliate and/or Permitted Assignee occupies not less than one hundred percent (100%) of the then existing Expansion Premises. The right to extend the Expansion Lease Term as provided in this Section 3.2 2.2 may not be exercised if, as of the date of the attempted exercise of the extension option by Tenant, or as of the commencement date of such Option Term, (A) Tenant is in economic or material default pursuant to the terms of the this Lease (as amended, beyond any applicable notice and cure periods), or (B) Tenant has previously been in economic or material default under the this Lease (as amended, beyond any applicable notice and cure periods) during the previous twenty-four (24) month period, or (C) Tenant fails to satisfy the “Threshold Requirements,” as that term is set forth in Section 21.2.2 of the Lease.
Appears in 1 contract
Samples: Office Lease (Favrille Inc)