of the First Amendment Sample Clauses
of the First Amendment. The Termination Option shall remain in full force and effect and shall include the Expansion Premises, except that such Termination Option is hereby amended as follows: (a) the “Early Termination Date” shall mean 11:59 p.m. Los Angeles time on the last calendar day of the sixtieth (60th) month after the Initial Expansion Premises Commencement Date; (b) the “Notice Period Expiration Date”, shall mean the date that is the last calendar day of the fifty-first (51’) month after the Initial Expansion Premises Commencement Date; (c) the termination compensation shall be (i) any lease commission and the Allowance disbursed by Landlord in connection with this Third Amendment (and not in connection with the Original Lease or any prior amendment) or any expansion amendment between Landlord and Tenant executed after the date hereof (unless otherwise stated in any such amendment), which shall be amortized over the eight (8) year period commencing on the Initial Expansion Premises Commencement Date and ending on the Termination Date on a straight line basis at an interest rate of eight percent (8%) per annum as of the Early Termination Date, and (d) Section 25.4 as restated in its entirety in Section 9.3 of the First Amendment is hereby deleted and replaced with the following, which shall be fully incorporated in the Lease as if set forth therein. “Section 25.4.
of the First Amendment. The Right of First Offer shall remain in full force and effect except as amended as follows:
of the First Amendment. If Sublandlord is prohibited under the Master Lease from assigning to Subtenant on a non-exclusive basis any warranties and/or guarantees received by Sublandlord related to the Relocation Improvements, of if Sublandlord is prohibited under the Master Lease from assigning to Subtenant any of the warranties referred to in Section 58.1.5 of the First Amendment, then, if reasonably requested by Subtenant in writing, Sublandlord agrees to promptly notify Master Landlord in writing of any malfunction, defect or non-compliance covered under the applicable warranty or guarantee given by Master Landlord or its Contractor and reasonably enforce such applicable warranty(ies) and/or guarantee(s) against Master Landlord on behalf and for the benefit of Subtenant. Sublandlord covenants to enforce any warranties Sublandlord receives from the supplier and installer/construction manager with respect to the replacement of the lab HVAC.
of the First Amendment. The applicable basis for determining the rate(s) of interest payable hereunder shall be selected by Borrower at the time a Notice of Rate Election is given pursuant to Section 2.2.2 of the 1994 Loan Agreement, except that Fixed Term Rates shall be determined in accordance with Section 2.1.3 of the First Amendment. If on any day any principal of this Note is outstanding which is not a Fixed Term Amount and with respect to which notice has not been delivered to Agent in accordance with the terms of the Loan Agreement electing Adjusted LIBOR, then such portion of the outstanding principal balance hereof shall bear interest at the Prime Rate, in accordance with clause (i) of this paragraph. Interest shall be payable on the Loan in arrears to the last Business Day of each month, with the first payment to be made on the first Business Day of the month next following the date of this Note and continuing thereafter on the first Business Day of each month and at maturity. Any principal payments on the Loan not paid when due and, to the extent permitted by applicable law, any interest payment on the Loan not paid when due, and any other amount due to Agent or Lender under the Loan Agreement or any other Loan Document not paid when due, in any case whether at stated maturity, by notice of prepayment, by acceleration or otherwise, shall thereafter bear interest payable upon demand at a rate which is two percent (2%) per annum in excess of the applicable Interest Rate or Fixed Term Rate until the expiration of the then applicable Interest Period or, with respect to Fixed Term Amounts, the Balance of the Term, and after the expiration of the then applicable Interest Period or the then-current Scheduled Maturity Date, as the case may be, at a rate which is two percent (2%) in excess of the Base Rate. This Note is one of the Notes referred to in the Loan Agreement and is issued pursuant to and entitled to the benefits of the Loan Agreement to which reference is hereby made for a more complete statement of the terms and conditions pertaining to Lender's Pro Rata Share of the Loan evidenced hereby and by the other Notes were made and are to be repaid. All recoveries by Lender under this Note or otherwise are subject to the provisions of Article 8 of the 1994 Loan Agreement. All payments of principal and interest in respect of this Note shall be made by Borrower without defense, setoff or counterclaim in immediately available funds and delivered to Agent not later than 12:00...
of the First Amendment. The parties hereto agree that Borrowers have no further obligations to supply additional cash collateral pursuant to Section 2.09 of that certain Amendment to Loan and Security Agreement, dated September 30, 2005, executed by Agent, Lender and Credit Parties, or pursuant to the corresponding provisions of any of the other First Amendment Documentation.