Recapture Rights. (1) If at any time during the Term of this Sublease, Subtenant desires to sub-sublease all or a portion of the Premises consisting of one floor or more in the Building (the "Proposed Sub-Sublease Space") to an entity other than a Subtenant Affiliate as defined in Section 18F, Subtenant shall notify Sublandlord of its intention ("Subtenant's Notice"), including proposed terms and conditions for such sub-sublease if such Subtenant's Notice is given pursuant to Section 18E.3 of this Sublease.
(2) If such proposed sub-sublease is for substantially the balance of the term of this Sublease, Sublandlord shall have seven (7) days after receipt of Subtenant's Notice to notify Subtenant in writing of Sublandlord's election to terminate this Sublease with respect to the Proposed Sub-Sublease Space. If, however, Sublandlord fails to notify Subtenant of Sublandlord's election to terminate this Sublease, Sublandlord shall be deemed to have waived its right to recapture the Proposed Sub-Sublease Space at such time and Subtenant shall have the right to lease the Proposed Sub-Sublease Space to the third party without further notice to Sublandlord. For purposes of this provision, for "substantially the balance of the term of this Sublease" shall mean that less than six (6) months remain of the term of the Sublease after expiration of the sub-sublease. If Sublandlord gives notice of its election to terminate this Sublease with respect to such Sub-Sublease Space, Subtenant shall have three (3) days to give notice revoking the Subtenant Notice.
(3) If the Proposed Sub-sublease Space is not subject to "recapture" under 18.E.2, Sublandlord shall have seven (7) days after receipt of Subtenant's Notice to notify Subtenant in writing of Sublandlord's election to lease the Proposed Sub-Sublease Space on the terms stated in Subtenant's Notice. If Sublandlord notifies Subtenant within such seven-day period of Sublandlord's desire to lease the Proposed Sub-Sublease Space, Subtenant and Sublandlord shall enter into a lease on the proposed terms an conditions stated in Subtenant's Notice. If, however, Sublandlord fails to notify Subtenant of Sublandlord's election to lease the Proposed Sub-Sublease Space within such seven-day period or, if Subtenant and Sublandlord, through no fault of Subtenant, fail to execute a lease within thirty (30) days after the date of Sublandlord's notice to Subtenant, Sublandlord shall be deemed to have waived its right to lease the Proposed Sub-Sublease Space...
Recapture Rights. Ceding Company shall not have any right to recapture the Reinsured Liabilities, provided, however, that Ceding Company shall have the right to recapture all but not less than all of the Reinsured Liabilities if a Security Event has occurred during the term of this Agreement and Reinsurer does not establish a Security Trust or post a Letter of Credit or other acceptable security within thirty (30) days following written request by Ceding Company. In no event may Ceding Company recapture anything other than one hundred percent (100%) of the Reinsured Liabilities that are eligible for recapture.
Recapture Rights. PBGC retains whatever rights it has to recapture under ERISA § 4045 any amounts paid to Pension Plan participants (consistent with the terms of the Pension Plan) within the 3 year period prior to the relevant termination date.
Recapture Rights. If at any time after the date on which a Participant has received payment, or becomes vested in the right to receive payment, of an Incentive Plan Award the Committee determines that the earlier determination as to the achievement of a Performance Goal was based on incorrect data and that in fact the Performance Goal had not been achieved or had been achieved to a lesser extent than originally determined and a portion of the Incentive Plan Award would not have been paid or have vested, given the correct data, then (i) any such portion of the Incentive Plan Award for which payment had been received by the Participant shall be paid by the Participant to the Company upon notice from the Company as provided by the Committee and (ii) such portion of the Incentive Plan Award that became vested shall be deemed to be not vested. Additionally, any Incentive Plan Awards granted under the Plan may be subject to reduction, cancellation, forfeiture or recoupment to the extent required by applicable law or listed company rules or to the extent otherwise provided at the time of grant or pursuant to policies (including, without limitation, any clawback or similar policies) that may be established by the Board, the Committee or any other committee of the Board from time to time.
Recapture Rights. If a tenant "goes dark" for a set period of time defined in the lease, the landlord may be entitled to terminate the lease and recapture the premises. This right may require additional landlord notice and payment of a fee, and might be limited by its terms during the occurrence of a force majeure event. Exclusive Use: If a lease has granted the tenant the right to an "exclusive" for the use of a particular product or service, such right (and the corresponding restriction on the landlord from leasing to another tenant for any use in violation thereof) may be conditioned upon the tenant's continuous active operations in the space as well as the tenant not being in default under the terms of the lease. If a tenant fails to continuously operate, such failure may open a window of time during which the landlord may agree to lease to other tenants for an otherwise restricted use, or terminate the lease and recapture the space of the violating tenant so that the landlord can lease to another tenant for an increased rent. Although it's not likely that many new leases are being signed at this time, tenants and landlords should be well aware of these provisions and should be well versed in the lease terms under which an exclusive may be forfeited. Co- Tenancy Rights/Remedies: Certain leases may grant tenants the right to terminate the lease or reduce rent if the occupancy of a shopping center or retail development falls below a certain occupancy threshold. The rights of the tenant may include rent abatement, reduced hours or even the right to terminate. The impact the coronavirus may have on co-tenancy rights will depend on how the occupancy thresholds are defined and what protections the landlord may have in instances of force majeure events. Rights of Renewal, Expansion, First Offer, Termination: Many leases will condition additional tenant rights such as the right to exercise an option to extend the term, or the right to change the use of the space, on the condition that the tenant is open and operating and will continue to be open for a set period of time in all of (or some defined lesser part of) the premises, or not be in default under the lease. Operating Covenants and Failure to Open: Many retail leases contain a covenant requiring the tenant to continuously operate its business from the premises for the duration of the lease or for a minimum time period and during certain specific hours. This covenant may also require that, while open, the tenant must be ful...
Recapture Rights. 23 Section 12.11. ......................................................24
Recapture Rights. No Lease provision. Subordination / SNDA: Xxxxx is subordinate to all mortgages. Upon request T shall execute a Subordination, Non-disturbance and Attornment Agreement or such additional documents as LL or any Mortgagee may request to confirm such subordination. (Lease, 15.1) Tenant Estoppel Certificate (Days): 10 days (Lease, 15.2) Monetary Default (Cure Period): 7 days (Lease, 14.1) Non-Monetary Default (Cure Period): 20 days (Lease, 14.1) Landlord Notices: ABC, LLC Suite 100 Atlanta, GA 30315 Attn: Xxxxxxxx X Xxxxxxxx (Lease, Summary-1, 16.3) Tenant Notices: DEF, Inc. 000 Xxxxx Xxxxx Xx. Xxxxxxxx, MS 39705 (Lease, Summary-2, 16.3) MISCELLANEOUS Tenant’s Liability Insurance: Comprehensive General Liability Insurance, written on an occurrence basis, to afford protection in such amount as LL may determine and in no event less than five million ($5,000,000.00) dollars combined single limit for personal and bodily injury and death arising therefrom and Broad Form property damage arising out of any one occurrence. (Lease, 11.2)
Recapture Rights. The foregoing terms are intended to and shall be deemed to satisfy in full any recapture rights under the 2010 Plan that may exist with respect to the Executive based on the Restated Results with respect to the Company’s fiscal years ended December 31, 2014 and December 31, 2015.
Recapture Rights. Notwithstanding anything to the contrary in this ---------------- Subsection contained, except with respect to an Assignment or Subletting provided for by Paragraph (d) below or any Permitted Assignment or Permitted Sublet before Tenant may undertake an Assignment or Subletting, Tenant shall first have offered, in each case without payment of any consideration, wither to terminate this Lease in respect to such portion (or the entity, as the case may be) of the Premises (in the case of a proposed Assignment or Subletting for the period and with respect to the space involved in any other proposed Subletting, as the case may be, and Landlord shall not, within fifteen days after receipt of the offer, have accepted the offer.
Recapture Rights. Landlord shall have the option, to be exercised by Notice to Tenant prior to expiration of the Review Period, to (a) terminate this Lease effective as of the commencement date of the proposed Transfer (provided, that if the proposed Transfer is a sublease, such termination shall be limited to the area of the Premises proposed to be sublet); or (b) sublease or take an assignment, as the case may be, from Tenant of the interest, or any portion thereof, in this Lease or the Premises that Tenant proposes to Transfer, on the same terms and conditions as stated in the proposed Transfer agreement, and no such subleasing or assignment to Landlord shall work a merger. If Landlord makes an election described under clause (a) or (b) above, then Landlord shall have the right (but not the obligation) to negotiate directly with the proposed Transferee and to enter into any agreement with such party on such terms as may be acceptable to Landlord in its sole discretion, and Tenant waives any and all Claims against Landlord related thereto. Notwithstanding anything to the contrary in the foregoing, the terms of this Section 13.5 shall not be applicable with respect to any Transfer proposed by Tenant during the Term of this Lease expiring on October 31, 2006.
