Notice; Exercise. The Stockholders may exercise their Put Right by giving written notice (the "Put Notice") to AmPaM within thirty (30) days of the third anniversary of the execution hereof. If any Stockholder does not provide AmPaM with a Put Notice within such thirty-day period, the Put Right applicable to such Stockholder shall expire. The date for closing the sale of any shares of AmPaM Stock pursuant to a proper exercise of a Put Right shall in no event be earlier than 90 days after the date AmPaM receives the Put Notice. Any such closing shall be at such time of day and place as shall be mutually agreed between such holder and AmPaM. At such closing AmPaM shall make payment for the AmPaM Stock to be repurchased by wire transfer of immediately available funds to a bank account designated by such Stockholder for such purpose and such Stockholder shall deliver to AmPaM certificates, duly endorsed for transfer, representing the shares of AmPaM Stock to be purchased and sold pursuant to the exercise of such Put Right.
Notice; Exercise. (1) In order to exercise its right to lease the Hold Space Premises, Evolent shall provide Landlord with written notice on or before the Notice Outside Date, which notice from Evolent shall state therein the number of square feet of rentable area that Evolent desires to lease pursuant to this Section 45, provided that in no event shall the number of square feet of area comprising the Hold Space Premises be less than 14,560 rentable square feet of area. If Evolent shall fail to exercise its option to lease the Hold Space Premises on or before the Notice Outside Date, then Landlord shall be free to offer to lease and to lease such space on the sixth (6th) floor to others and Evolent’s right to lease said Hold Space Premises shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one-time right as to such Hold Space Premises), and Landlord may lease said Hold Space Premises to others under such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice).
(2) Notwithstanding the foregoing, in the event that Landlord receives from a third party prospective tenant a response to a proposal for space on the sixth (6th) floor of the Building which would encumber all or any portion of the Hold Space Premises and which is on terms that Landlord is willing to accept, then Landlord shall provide written notice to Evolent of the existence of such prospective third party tenant, in which event, if Evolent wishes to lease the Hold Space, Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Hold Space Premises within five (5) business days after the date on which Landlord gives written notice to Evolent of such prospective third party tenant, and such written notice from Evolent shall set forth therein the number of rentable square feet comprising the Hold Space Premises, provided that in no event shall the Hold Space Premises leased by Evolent pursuant to this Section 45.B.(2) comprise less than 14,560 rentable square feet of area. If Evolent fails to exercise its option to lease the Hold Space Premises within said five (5) days after the date of such notice from Landlord of the existence of a ...
Notice; Exercise. Evolent shall give to Landlord written notice of Evolent’s exercise of its option to so lease the Available Space within fifteen (15) days after the date on which Landlord gives Landlord’s Offer to Evolent. If Evolent shall fail to exercise its option to lease the Available Space within said fifteen (15) days after the date on which Landlord’s Offer is so given by Landlord, then Landlord shall be free to offer to lease and to lease such Available Space to others and Evolent’s right to lease said Available Space shall be void and of no force or effect for the remainder of the Term of this Lease (Evolent’s right hereunder being a one time right as to such Available Space), and Landlord may lease said Available Space to others upon such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in Evolent’s delivery of the aforesaid notice to Landlord and that if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on Evolent’s failure to give such written notice).
Notice; Exercise. 23 6.3 Consideration; Closing......................................................................................... 24 6.4 Effect of Failure to Comply. ................................................................................ 24 Section 7. Drag-Along Rights. .............................................................................................. 24 7.1 General. ................................................................................................................ 24 7.2 Notice. .................................................................................................................. 25 7.3 Terms of a Drag-Along Transaction. ................................................................... 25 7.4 Cooperation. ......................................................................................................... 26 7.5 Costs. .................................................................................................................... 26 7.6 Drag-Along Transaction Not Consummated. ...................................................... 26 Section 8. Confidentiality. .................................................................................................... 26 Section 9.
Notice; Exercise. Any XX Xxxxxx proposing to make a Proposed MJ Disposition (or series of Planned MJ Dispositions) must deliver to the Company a written notice setting forth the terms and conditions of such Proposed MJ Disposition(s) (a “Proposed Disposition Notice”) not later than five (5) Business Days prior to the proposed consummation of such Proposed MJ Disposition or first Planned MJ Disposition in any such series. Such Proposed Disposition Notice shall contain the material terms and conditions (including the number of Transfer Shares, and, if not planned to be consummated on the open market, the price per Transfer Share and form of consideration) of the Proposed MJ Disposition(s) and the identity (if known) of the Person or Persons to whom such XX Xxxxxx proposes to make such Proposed MJ Disposition(s), and shall contain the wire instructions for payment of the purchase price by the Company to the MJ Holders in the event the Company exercises the Right of First Refusal. To exercise its Right of First Refusal under this Section 6.2, within five (5) Business Days after delivery of the Proposed Disposition Notice (the “Exercise Period”), the Company must deliver a written notice from the Company notifying any XX Xxxxxx proposing to make a Proposed MJ Disposition that the Company intends to exercise its Right of First Refusal as to some or all of the Transfer Shares with respect to the Proposed MJ Disposition(s) (the “Exercise Notice”). The Exercise Notice shall set forth the number of Transfer Shares that the Company will acquire and the ROFR Price to be paid for such Transfer Shares. If the Company (i) does not deliver an Exercise Notice within the Exercise Period or has otherwise delivered a written notice to the XX Xxxxxx stating that the Company will not exercise its Right of First Refusal with respect to some or all of the Transfer Shares, or (ii) the Exercise Notice delivered by the Company provides for the exercise of the Right of First Refusal with respect to only a portion of the Transfer Shares, then the XX Xxxxxx may Dispose of any of the Transfer Shares that are not subject to the Exercise Notice within thirty (30) days beginning on the date immediately following the expiration of the Exercise Period or, if longer, the time period set for such series of Planned MJ Dispositions in the Proposed Disposition Notice, which period shall not exceed ninety (90) days (the “Transfer Period”) at a price not less than the ROFR Price, other than in the case of any Planne...
Notice; Exercise. In the event the Company proposes to undertake an issuance of New Securities, it shall give each Purchaser written notice of its intention, describing the type of New Securities, and their price and the general terms upon which the Company proposes to issue the same. Such Purchaser shall have fifteen days after any such notice is received to agree to purchase such Purchaser's pro rata share of such New Securities for the price (or anticipated price or price range, if applicable) and upon the terms specified in the notice by giving written notice to the Company and stating therein the quantity of New Securities to be purchased. A Purchaser's failure to respond within the fifteen day period shall be deemed a waiver of its right to acquire New Securities.
Notice; Exercise. CapitalSource shall give to Landlord written notice of CapitalSource's exercise of its option to so lease the 7th Floor Space within thirty (30) days after the date on which Landlord gives Landlord's 7th Floor Offer to CapitalSource. If CapitalSource shall fail to exercise its option to lease the 7th Floor Space within said thirty (30) days after the date on which Landlord's 7th Floor Offer is so given by Landlord, then Landlord shall be free to offer to lease and to lease such 7th Floor Space to others and CapitalSource's right to lease said 7th Floor Space shall be void and of no force or effect for the remainder of the Term of this Lease (CapitalSource's right hereunder being a one-time right as to such 7th Floor Space), and Landlord may lease said 7th Floor Space to others upon such terms and for such periods as shall be acceptable to Landlord (it being agreed that time shall be of the essence in CapitalSource's delivery of the aforesaid notice to Landlord and that, if such written notice is not so delivered within the time aforesaid, Landlord will rely to its detriment on CapitalSource's failure to give such written notice).
Notice; Exercise. In the event that Metabolex decides to seek a partner for the research, development, promotion, and/or commercialization of a PPAR-d Product or Other Product, Metabolex shall provide notice in writing (the “Notice to Partner”) to Xxxxxxx of such intention. Within thirty (30) days of receipt of such Notice to Partner, Xxxxxxx shall submit a reasonable due diligence request to Metabolex (“Diligence Request”) in order for Xxxxxxx to evaluate Xxxxxxx’x interest in such PPAR-d Product or Other Product (as the case may be). Xxxxxxx shall then have thirty (30) days from the date of receipt of either (i) Metabolex’s detailed answer to the Diligence Request (which answer may be provided by Metabolex allowing appropriate Xxxxxxx employees access to a facility having the Metabolex Information that is responsive to such Diligence Request and reasonable time to review such Information), or (ii) the Notice to Partner, if no such Diligence Request was timely submitted by Xxxxxxx (as applicable), to notify Metabolex in writing of its desire to exercise the PPAR-d Right of First Negotiation (the [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Notice; Exercise. In the event that (i) the board of directors of Xxxxxxx determines [***], (ii) Xxxxxxx [***], or (iii) Xxxxxxx determines to [***], Xxxxxxx shall provide notice in writing (the “Notice to Partner”) to Biogen Idec of the occurrence of such event. The Notice to Partner must include a [***] package [***]. The [***] package shall include, without limitation, [***].
Notice; Exercise. Except during the last two (2) Lease Years of the Term of this Lease, as such may be extended, Landlord shall give Tenant written notice (the "Offer Notice") of its intention to lease the Expansion Space (hereinafter defined) within five (5) days prior to the full execution and delivery of a letter of intent between Landlord and a third party with respect to the proposed leasing of such space ("Third Party Letter"). The Offer Notice shall set forth in reasonable detail the size and specific location of the Expansion Space. Should Tenant so elect, Tenant shall give written notice to Landlord of its intention to lease not less than four thousand (4,000) rentable square feet of the Expansion Space identified in the Offer Notice ("Tenant's Notice") not more than five (5) days after receipt by Tenant of the Offer Notice, in which case Landlord and Tenant shall promptly enter into an amendment to this Lease adding such Expansion Space (or portion thereof) to the Premises, adjusting Tenant's Proportionate Share to reflect such addition and providing for the term of the lease of such space to expire on the Expiration Date. All other terms
