Common use of Procedure for Acceptance Clause in Contracts

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the five (5) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 3 contracts

Samples: Office Lease (Rockley Photonics Holdings LTD), Transfer and Substitution of Indemnitor (Hudson Pacific Properties, Inc.), Standard Office Lease (Prospect Acquisition Corp)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five (5) [***] business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice and the Economic Terms shall be as set forth in on the First Offer NoticeEconomic terms contained therein. If Tenant does not unconditionally exercise its right of first offer within the five (5) [***] business day periodperiod (on all of the First Offer Economic Terms), then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s 's right of first offer shall thereupon automatically terminate as to the First Offer Space described in the First Offer Noticeand this Section 1.4 shall be null and void and of no further force or effect. Notwithstanding anything to the contrary contained hereinhereto, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease least only a portion thereofthereof or object to any of the First Offer Economic Terms.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after following delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice (the “Election Notice”) to Landlord of Tenant’s election to exercise of its right of first offer with respect to the entire space described in the First Offer Notice and on the Economic Terms shall be as set forth terms contained in the such First Offer Notice, subject to Section 1.1.3 below. If Tenant does not unconditionally exercise its right of first offer deliver an Election Notice to Landlord within the such five (5) business day periodperiod set forth above, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires any party on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Noticedesires. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space First Offer Space offered by Landlord to Tenant at any particular timeTenant, and Tenant may not elect to lease only a portion thereof.

Appears in 2 contracts

Samples: Office Lease (Dermavant Sciences LTD), Office Lease (Dermavant Sciences LTD)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five seven (57) business days after delivery of the First Offer Notice to TenantTenant ("Election Date"), Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice and the Economic Terms shall be as set forth in on the First Offer NoticeEconomic Terms contained therein. If Tenant does not unconditionally exercise its right of first offer within the five seven (57) business day periodperiod (on all of the First Offer Economic Terms), then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s 's right of first offer shall thereupon automatically terminate as to and this Section 3.3 shall be deemed null and void and of no further force or effect unless such First Offer Space becomes available during the First Offer Space described in the First Offer NoticePeriod. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereofthereof or object to any of the First Offer Economic Terms.

Appears in 2 contracts

Samples: Lease (Mabvax Therapeutics Holdings, Inc.), Lease (Mabvax Therapeutics Holdings, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five (5) [***] business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice and the Economic Terms shall be as set forth in on the First Offer NoticeEconomic Terms contained therein. If Tenant does not unconditionally exercise its right of first offer within the five (5) [***] business day periodperiod (on all of the First Offer Economic Terms), then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any ay terms Landlord desires and Tenant’s 's right of first offer shall terminate as shall, subject to the First Offer Space described in the First Offer NoticeSection 1.4.3 below, thereupon automatically terminate. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereofthereof or object to any of the First Offer Economic Terms.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five four (54) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice (“Notice of Exercise”) to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice Notice, and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the five four (54) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 2 contracts

Samples: Standard Office Lease, Standard Office Lease (Nexsan Corp)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice and the Economic Terms shall be as set forth in on the First Offer NoticeEconomic Terms contained therein. If Tenant does not unconditionally exercise its right of first offer within the five (5) business day periodperiod (on all of the First Offer Economic Terms), then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall thereupon automatically terminate as to the First Offer Space described in the First Offer Noticeand this Section 1.4 shall be null and void and of no further force or effect. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereofthereof or object to any of the First Offer Economic Terms.

Appears in 2 contracts

Samples: Office Lease (Nabriva Therapeutics PLC), Work Letter Agreement (Axesstel Inc)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five (5) [***] business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice and on the Economic Terms shall be terms as set forth provided in the First Offer NoticeSection 1.5.1 above. If Tenant does not unconditionally exercise its right of first offer within the five (5) [***] business day periodperiod (on all of the terms as provided in Section 1.5.1 above), then Landlord shall be free to lease all or any portion of the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s 's right of first offer shall terminate as shall, subject to the First Offer Space described in the First Offer NoticeSection 1.5.3 below, thereupon automatically terminate. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space comprising the First Offer Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereofthereof or object to any of the terms and conditions (to the extent consistent with this Section 1.5). [***] Confidential portions of this document have been redacted and filed separately with the Commission.

Appears in 2 contracts

Samples: Office Lease (Bridgepoint Education Inc), Office Lease (Bridgepoint Education Inc)

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Procedure for Acceptance. If Tenant wishes to exercise Tenant’s 's right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s 's exercise of its right of first offer with respect to the entire space described in the First Offer Notice Notice, and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the five (5) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s 's right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 1 contract

Samples: Multi Tenant Lease (SCOLR Pharma, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five ten (510) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice Notice, and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the five ten (510) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 1 contract

Samples: Horizon Pharma, Inc.

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s exercise of its right of first offer with respect to the entire space described in the First Offer Notice Notice, and the Economic Terms shall be as set forth in the First Offer Notice. If Tenant does not unconditionally exercise its right of first offer within the five (5) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 1 contract

Samples: Standard Office Lease (1st Pacific Bancorp)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) business days after of delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s election to exercise of its right of first offer with respect to the entire space described in the First Offer Notice and on the Economic Terms shall be terms contained in such notice (subject to Tenant’s right to object to Landlord’s determination of the First Offer Rent, as set forth in the First Offer NoticeSection 1.3.3, below). If Tenant does not unconditionally exercise its right of first offer so notify Landlord within the five (5) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Noticedesires. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof.

Appears in 1 contract

Samples: Office Lease (Imperial Capital Group, Inc.)

Procedure for Acceptance. If Tenant wishes to exercise Tenant’s right of first offer with respect to the space described in the First Offer Notice, then within five (5) 5 business days after of delivery of the First Offer Notice to Tenant, Tenant shall deliver an unconditional irrevocable notice to Landlord of Tenant’s intention to exercise of its right of first offer with respect to the entire space described in the First Offer Notice and on the Economic Terms shall be as set forth in the First Offer NoticeTerms. If Tenant does not unconditionally exercise its right of first offer within the five (5) business day period, then Landlord shall be free to lease the space described in the First Offer Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first offer shall terminate as to the First Offer Space described in the First Offer Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first offer, if at all, with respect to all of the space offered by Landlord to Tenant at any particular time, and in the First Offer Notice. Tenant may not elect to lease only a portion thereofof the space offered in the First Offer Notice, even if the space described in the First Offer Notice comprises an area larger than the First Offer Space or an area that does not comprise the entire First Offer Space. If Tenant does not so notify Landlord within the 5-business day period, then Landlord shall be free to lease and/or re-lease all or any portion of the First Offer Space from time to time to anyone to whom Landlord desires on any terms Landlord desires.

Appears in 1 contract

Samples: Industrial Lease Agreement (Solid Power, Inc.)

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