Options to Purchase. There are no options to purchase, rights of first refusal or other similar agreements with respect to the Property which will survive Closing which give anyone the right to purchase the Property or any part thereof. There are no contracts or agreements which affect the Property, except as set forth herein.
Options to Purchase. Right of First Refusal. Should Landlord during the Term enter into an agreement to sell the Premises, or any portion thereof, (“Sales Agreement”) Landlord shall provide to Tenant a written notice of intent to sell (“Notice”) with a copy of the Sales Agreement. Tenant shall have and may exercise an option to acquire the Premises, or the portion thereof subject to the Sales Agreement, on the same terms and conditions, other than as to the identity of the purchaser and date for closing, as are set forth in the Sales Agreement. If Tenant does not within 30 days after receiving the Notice and copy of the Sales Agreement give Landlord written notice of Tenant’s intention to exercise such option, then subject to and as provided by the Sales Agreement Landlord may sell the Premises or portion thereof covered by the Sales Agreement by no later than the 150th day after receipt by Tenant of the Notice and copy of the Sales Agreement. If Landlord does not timely so sell the Premises or varies the terms of the Sales Agreement, Landlord shall again comply with the terms of this Section 15 as if no Notice had ever been given. If Tenant timely notifies Landlord of its intent to exercise such option, then at such time as Tenant may specify, but no later than 90 days following receipt by Landlord of such notice from Tenant, and at such place within the city or town where the Premises is located as Tenant may specify, or such other place and time and Landlord and Tenant may agree, Tenant shall exercise its option by purchasing, and Landlord shall sell to Tenant, the Premises or portion thereof subject to the Sales Agreement.
Options to Purchase. (a) You have the option to purchase the Solar Facility at the following times during the Initial Term:
(i) Upon the fifth anniversary of the In-Service Date
(ii) At the end of the Initial Term of this Agreement
(iii) Should you sell your Property during the Initial Term
(iv) Should Sunrun fail to perform Sunrun's Obligations (in accordance with Section 18)
(b) To purchase the Solar Facility pursuant to Section 10(a), you must deliver a written notice to Sunrun of your intent to purchase within sixty (60) days of the applicable date and deliver payment to Sunrun within thirty (30) days of receiving an invoice from Sunrun for the purchase price.
(c) The purchase price will be the greater of (i) fair market value, as determined at the time ("FMV") and (ii) the minimum price set forth in Exhibit A. Annually, Sunrun will determine the FMV of the Solar Facility by hiring an independent appraiser to estimate the value of a comparable in-service solar facility in your state and utility service area. This valuation will take into account the Solar Facility's age; location; size; and other market characteristics such as equipment type and equipment operating, maintenance and service costs, value of electricity in your area, and any applicable solar incentives.
(d) Sunrun will credit the purchase price by any refund due to you pursuant to Section 8(b), provided however, that in no case shall such a credit result in a net purchase price that is less than the minimum purchase price set forth on Exhibit A.
(e) At other times, please contact Sunrun at (000) 000-0000 to discuss the possibility of purchasing the Solar Facility.
(f) If you purchase the Solar Facility, Sunrun will continue to monitor the Solar Facility for as long as the meter continues to function, or until the twentieth anniversary of this Agreement, whichever is sooner. However, Sunrun will not provide any maintenance or repair unless you enter into a separate agreement with Sunrun, at your expense, to perform these services. If possible, Sunrun will assign to you any product and/or workmanship warranties still in effect for the Solar Facility.
Options to Purchase. (a) After the occurrence of a Purchase Option Trigger Event (as defined below), each Bank shall have the option to purchase all (but not less than all) of the outstanding Obligations owed to the Noteholders under each Note Purchase Agreement at a purchase price equal to 100% of the amount of such Obligations on the date of purchase (including all interest thereon to the date of purchase), plus an amount equal to the Yield-Maintenance Amount which would be payable under the applicable Note Purchase Agreement if the Senior Notes issued thereunder were prepaid pursuant to the optional prepayment provisions of the applicable Note Purchase Agreement on such date of purchase.
(b) After the occurrence of a Purchase Option Trigger Event, each Noteholder under a Note Purchase Agreement shall have the option to purchase all (but not less than all) of the outstanding Obligations owed to the Banks at a purchase price equal to 100% of the amount thereof on the date of purchase (including all interest thereon to the date of purchase) and all (but not less than all) of the outstanding Obligations owed to the Noteholders under the other Note Purchase Agreement at a purchase price equal to 100% of the amount of such Obligations on the date of purchase (including all interest thereon to the date of purchase), plus an amount equal to the Yield-Maintenance Amount which would be payable under such other Note Purchase Agreement if the Senior Notes issued thereunder were prepaid pursuant to the optional prepayment provisions of the applicable Note Purchase Agreement on such date of purchase.
(c) Any Creditor desiring to exercise its option to purchase under this Section 15 may do so by giving notice to the Creditors whose Obligations are to be purchased. The closing of the purchase and sale shall take place on the fifth business day after such notice is given. At the closing, the buyer will pay the sellers the purchase price of the Obligations being purchased except that, with respect to the purchase of exposures in respect of outstanding but undrawn Letters of Credit, the purchase shall be a risk participation therein payable at the same time as the related Letters of Credit are drawn. Payment of such purchase price shall be made in the same manner as specified in the applicable Senior Indebtedness Documents. Any notice of exercise of any such option to purchase shall be irrevocable. In the event more than one notice of exercise of an option to purchase under this Section 15 is...
Options to Purchase. To grant rights of first refusal or options to purchase to qualified holders; [PL 1991, c. 373 (NEW).]
Options to Purchase. The Owner shall grant to the Regional District:
Options to Purchase. Sellers do not currently have outstanding, and will not grant, any options, rights to purchase, Contracts, or any other right entitling anyone to acquire any of the Subject Assets or the Business except as otherwise expressly contemplated herein.
Options to Purchase. (a) Provided the LOL Sublessee shall not have purchased the "Lessor's Interest in the Premises" (as defined in Paragraph 15(c) of the LOL Sublease) pursuant to Paragraph 13 or 15 of the LOL Sublease, Lessee shall have the right to purchase the Leased Premises in the event that:
(1) The LOL Sublease terminates pursuant to Paragraphs 13(c) or 13(e) thereof following rejection of the LOL Sublessee's irrevocable offer to purchase the "Lessor's Interest in the Premises"; or
(2) Land O'Lakes, Inc. at any time during the term of this Lease (as the same may be extended as provided in Schedule B) ceases to be the lessee of the Improvements under the LOL Sublease or any lease entered into in accordance with Paragraph 4(b) of the LOL Sublease.
(b) Lessee's purchase pursuant to the options hereby granted shall be subject to the following terms and conditions:
(1) At least 120 days prior written notice shall have been given to Lessor; provided, however, that if the purchase option herein granted is being exercised pursuant to subparagraph (a) of this Paragraph 28, notice of such exercise shall be given at the same time as the rejection of the LOL Sublessee's irrevocable offer to purchase, and the closing of the purchase pursuant to such exercise shall occur on the earliest practicable date following completion of the appraisal hereinafter described.
(2) The purchase price shall be the fair market value of the Leased Premises, such value to be determined by appraisal pursuant to Paragraph 25 hereof if the parties cannot agree upon such fair market value. For purposes of this Paragraph 28, the fair market value of the Leased Premises shall be determined as though (p) the Improvements did not exist, and (q) the Leased Premises were not encumbered by this Lease.
(3) Lessor shall convey title subject only to (w) Permitted Encumbrances, (x) all charges, liens, security interests and encumbrances attaching to the title on or after the commencement of the term hereof which were not created by acts of Lessor or which were consented to by Lessee, and (y) all applicable laws, regulations, and ordinances.
(4) Upon the date fixed for any purchase of the Leased Premises or any portion thereof under this Xxxxxxxxx 00, Xxxxxx shall pay to Lessor the purchase price therefor specified herein together with all Basic Rent, additional rent and other sums then due and payable hereunder to and including such date of purchase, and Lessor shall deliver to Lessee a conveyance of the Leased Prem...
Options to Purchase. (1) Provided that Lessee is not then in Default, Lessee shall have the option to purchase, upon the expiration of the twelfth (12th) quarter of the original term of this Lease (the "Early Termination Date"), all but not less than all of the Equipment upon the following terms and conditions: If Lessee desires to exercise this option it shall give Lessor written notice of its election to purchase at least thirty (30) days and not more than ninety (90) days before the Early Termination Date with respect to the first Equipment Schedule to be executed under this Lease. Such election shall be effective with respect to all Equipment leased under all Equipment Schedules. On the Early Termination Date with respect to each Equipment Schedule, Lessee shall pay to Lessor in cash the rent due on that date together with the purchase price for the Equipment so purchased, determined as hereinafter provided. The purchase price of the Equipment shall be an amount equal to 53.485 percent of the original Total Invoice Cost of the Equipment (as specified on the Equipment Schedule), together with all taxes and charges upon sale. Lessor and Lessee agree that the purchase price represents a reasonable prediction of the Fair Market Value of the Equipment at the time the option is exercisable.
(2) Provided that Lessee is not then in Default, Lessee shall have the option to purchase, upon the expiration of the original term of this Lease, all but not less than all of the Equipment upon the following terms and conditions: If Lessee desires to exercise this option it shall give Lessor written notice of its election to purchase at least two hundred forty (240) days before expiration of the original term of this Lease with respect to the first Equipment Schedule to be executed under this Lease. Such election shall be effective with respect to all Equipment leased under all Equipment Schedules. Thereafter, Lessee shall engage in negotiations with Lessor to determine the purchase price for the Equipment. At the expiration of the original term of this Lease, Lessee shall pay to Lessor in cash the rent due on that date together with the purchase price for the Equipment so purchased, determined as hereinafter provided. The purchase price of Equipment shall be an amount equal to the greater of: (x) fifteen (15) percent of the original Total Invoice Cost of the Equipment (as specified on the Equipment Schedule), or (y) the Fair Market Value of the Equipment determined pursuant to Section B.(4)...
Options to Purchase. 26.1 LANDLORD'S OPTION TO PURCHASE TENANT'S PERSONAL PROPERTY; TRANSFER OF LICENSES. Provided Tenant has not exercised its option pursuant to Section 26.2 hereof, effective upon not less than ninety (90) days prior notice given at any time within one hundred eighty (180) days prior to the expiration of the Term of this Lease, or upon such shorter Notice as shall be reasonable if this Lease is terminated prior to its expiration date, Landlord shall have the option to purchase all (but not less than all) of Tenant's Personal Property, if any, at the expiration or termination of this Lease, for an amount equal to the then fair market value thereof (as determined by the appraisal process set forth in Section 25), taking into account, and with appropriate price adjustments for, all equipment leases, conditional sale contracts, UCC-1 financing statements and other encumbrances to which such Tenant's Personal Property is subject. Upon the expiration or termination of the Lease and such purchase by Landlord, Tenant shall use good faith efforts, at Landlord's sole cost and expense, to transfer and assign to Landlord or its designee, or assist Landlord or its designee in obtaining, any contracts, licenses, and certificates required for the then operation of the Facility.
