Common use of Renewal of Lease Clause in Contracts

Renewal of Lease. (a) Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one additional five-year period commencing on the last day of the Base Term (a “Lease Renewal Term”), and that the Maturity Date for the Loans and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Administrative Agent not later than one hundred eighty (180) days nor more than three hundred sixty-five (365) days prior to the expiration of the Base Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 2 contracts

Samples: Participation Agreement (Regeneron Pharmaceuticals Inc), Participation Agreement (Regeneron Pharmaceuticals Inc)

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Renewal of Lease. (a) If the Lessee may request in writing (the “Renewal Option Request”) shall wish to the Administrative Agent, Lessor and each Participant pursuant to the take a renewal Lease to renew the Term (the “Lease Renewal”) for one additional five-year period commencing on the last day of the Base Term Demised Premises for a further term being the period (a “Lease Renewal Term”), and if any) so set out in the said Schedule from the expiration of the said term AND PROVIDED that the Maturity Date for Lessee shall at least three months before the Loans and expiration of the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered term hereby created request such renewal by notice in writing to Administrative Agent not later than one hundred eighty (180) days nor more than three hundred sixty-five (365) days prior be delivered to the Lessor at its address last known to the Lessee and to its address herein appearing and shall have at all times throughout the term duly and punctually paid the rent reserved by this Lease at the times herein appointed for payment thereof and shall have at all times throughout the term duly performed and observed the covenants and agreements by and on the part of the Lessee contained in this Lease up to the expiration of the Base Term. The Administrative Agent shall distribute a copy term hereby granted then the Lessor will at the expense of the Renewal Option Request Lessee grant to each Participant, promptly after receipt thereof the Lessee a new Lease of the Demised Premises for a further term being the period (if any) so set out in the said Schedule from the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days day after the date on which of expiration of the Administrative Agent receives said term (hereinafter called "the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed renewal date") at a rent to be a non-consent by such Participant. Each Participant’s determination determined in accordance with the provisions of Annexure 1 hereof which shall apply as if incorporated herein in respect to the Renewal Option Request first year of the further term and thereafter in accordance with Clause 2.2 AND otherwise the renewal Lease shall contain the like covenants and provisos as are herein contained save as to rental aforesaid and save for the provisions of this Clause PROVIDED FURTHER ALWAYS that if this Lease is presently subject to a Guarantee and Indemnity or a Bank Guarantee then the Lessor shall not be bound to grant a new credit determination renewal Lease for the further term (if any) as herein otherwise provided for unless and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate until the Lessee procures the execution by such Participant, which may include receipt of such financial information, documentation a party or other information or conditions as may be requested in writing parties nominated by such Participant and the receipt Lessor of a satisfactory appraisal Guarantee and Indemnity of the Leased Propertyrenewal Lease in a form approved by the Lessor and/or the Lessor's solicitors or at the Lessor's option a Bank Guarantee for the further term. It If applicable, the parties herein agree that the last date for the Lessee to request a renewal lease is a condition that all Participants consent to the renewal set forth date contained in the Renewal Option Request for any renewal Item 8 of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required thereinSchedule herein.

Appears in 1 contract

Samples: Kaynar Holdings Inc

Renewal of Lease. (a) Lessee may request in writing (In the “Renewal Option Request”) to event either the Administrative Agent, Lessor and each Participant pursuant to LESSOR or the Lease LESSEE chooses not to renew the Term (Lease, the “Lease Renewal”) for one additional five-year period commencing on party choosing not to renew the last day of lease must notify the Base Term (a “Lease Renewal Term”), and that the Maturity Date for the Loans and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered other party in writing to Administrative Agent not later than by registered mail one hundred eighty (180) days nor more than three prior to the end of each lease term. Reasons for renewal of the Lease must be consistent with the covenants, terms, and conditions of this Agreement. If the Lease is not renewed by the LESSOR in accordance with this Agreement, the LESSEE shall have one-hundred sixty-five and eighty (365180) days to vacate the premises. In the event either the LESSOR or the LESSEE proposes any changes in the Lease, the party proposing the changes will notify the other party of the suggested changes in writing by registered mail one hundred eighty (180) days prior to the end of each Lease term. Suggested changes to this Agreement, will be negotiated between the LESSOR and the LESSEE during the minimum time of one hundred eighty (180) days prior to the expiration of the Base lease term. In the event the proposed changes are not mutually agreed upon, the covenants, terms, and conditions of this Lease shall continue to remain in effect. However, LESSOR grants to LESSEE the right to renew this Lease under terms and conditions, including an increase in monthly rent for a period yet to be determined as a Renewal Term. The Administrative Agent LESSEE shall distribute notify LESSOR one hundred eighty (180) days prior to the end of each lease term of their intention to renew said lease. Without 180 days prior notice the LESSOR may advertise the space and enter into a copy lease agreement with another party at the end of the Renewal Option Request to each ParticipantLESSEEs lease date of November 8, promptly after receipt thereof from 2026. LESSEE retains the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not right to extend the Term (lease on a “Renewal Rescission”)one year basis, from year to year, for up to 5 consecutive years at a rate to be negotiated at that time. If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall LESSEE will be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the given first right of Lessee refusal on additional available space at terms to effectuate a Renewal Rescission andbe determined at that time. LESSEE may begin occupancy of “Cell 3” on November 24, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein2021.

Appears in 1 contract

Samples: Wilds Industrial Center (Olb Group, Inc.)

Renewal of Lease. (a) Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one additional five-year period commencing on the last day of the Base Term (( a “Lease Renewal Term”), and that the Maturity Date for the Loans Rent Assignment Contributions and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Lessor, the Administrative Agent and each Participant not later than one hundred eighty (180) days nor more than three two hundred sixty-five seventy (365270) days prior to the expiration of the Base Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify the Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives receipt of the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify the Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include including receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after receipt of the Participants’ consent to the Renewal Option Response Date Request (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), and Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents Participant’s consent to the Renewal Option RequestRequest and any terms and conditions set forth therein. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent Lessee and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (unless otherwise specified): (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier datedate or which have been previously disclosed to and approved by Administrative Agent and the Participants), (x) Lessee shall not have exercised elected the Purchase Option or Sale Option, (y) (i) as of the Renewal Option Request, no Event of Default shall be continuing and (ii) as of the Renewal Effective Date, no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) (if applicable) above and (3) and, without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 1 contract

Samples: Participation Agreement

Renewal of Lease. (a) Pursuant to Section 4.7 of the Second A&R Participation Agreement, the Lease was renewed for the First Renewal Term commencing on the Second Restatement Date and ending on, but not including, the fifth (5th) anniversary of the Second Restatement Date. Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one additional five-year period commencing on the last day of the Base First Renewal Term (a “Additional Lease Renewal Term”), and that the Maturity Date for the Loans Rent Assignment Contribution Amount and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Administrative Agent not later than one hundred eighty (180) days nor more than three hundred sixty-five (365) days prior to the expiration of the Base then-current Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It Subject to Section 4.7(c), it is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that (A) on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3B) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 1 contract

Samples: Participation Agreement (Regeneron Pharmaceuticals, Inc.)

Renewal of Lease. (a) Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one an additional five-year period commencing on the last day of the Base then Term (( a “Lease Renewal Term”), and that the Maturity Date for the Loans Participant Interest Contribution Amount and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Lessor, Administrative Agent and each Participant not later than one hundred twenty (120) days nor more than one hundred eighty (180) days nor more than three hundred sixty-five (365) days prior to the expiration of the Base Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than fortyseventy-five (4575) days after before the date on which Expiration Date of the Administrative Agent receives the Renewal Option Request Term (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include including receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after receipt of the Participants’ consent to the Renewal Option Response Date Request (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), and Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents Lessor’s consent to the Renewal Option RequestRequest and any terms and conditions set forth therein. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent Lessee and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition theretoDate: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised elected the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Table of Contents Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 1 contract

Samples: Transaction Agreement (Corning Inc /Ny)

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Renewal of Lease. (a) The parties hereto acknowledge that the Lease has been renewed for the First Renewal Term commencing on the Restatement Date and ending on, but not including, the fifth (5th) anniversary of the Restatement Date. Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one additional five-year period commencing on the last day of the Base First Renewal Term (a “Additional Lease Renewal Term”), and that the Maturity Date for the Loans Rent Assignment Contribution Amount and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Administrative Agent not later than one hundred eighty (180) days nor more than three hundred sixty-five (365) days prior to the expiration of the Base then-current Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It Subject to Section 4.7(c), it is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that (A) on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3B) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 1 contract

Samples: Participation Agreement (Regeneron Pharmaceuticals, Inc.)

Renewal of Lease. (a) Lessee may request in writing (In the “Renewal Option Request”) to event either the Administrative Agent, Lessor and each Participant pursuant to LESSOR or the Lease LESSEE chooses not to renew the Term (Lease, the “Lease Renewal”) for one additional five-year period commencing on party choosing not to renew the last day of lease must notify the Base Term (a “Lease Renewal Term”), and that the Maturity Date for the Loans and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered other party in writing to Administrative Agent not later than by registered mail one hundred eighty (180) days nor more than three prior to the end of each lease term. Reasons for renewal of the Lease must be consistent with the covenants, terms, and conditions of this Agreement. If the Lease is not renewed by the LESSOR in accordance with this Agreement, the LESSEE shall have one-hundred sixty-five and eighty (365180) days to vacate the premises. In the event either the LESSOR or the LESSEE proposes any changes in the Lease, the party proposing the changes will notify the other party of the suggested changes in writing by registered mail one hundred eighty (180) days prior to the end of each Lease term. Suggested changes to this Agreement, will be negotiated between the LESSOR and the LESSEE during the minimum time of one hundred eighty (180) days prior to the expiration of the Base lease term. In the event the proposed changes are not mutually agreed upon, the covenants, terms, and conditions of this Lease shall continue to remain in effect. However, LESSOR grants to LESSEE the right to renew this Lease under terms and conditions, including an increase in monthly rent for a period yet to be determined as a Renewal Term. The Administrative Agent LESSEE shall distribute notify LESSOR one hundred eighty (180) days prior to the end of each lease term of their intention to renew said lease. Without 180 days prior notice the LESSOR may advertise the space and enter into a copy lease agreement with another party at the end of the Renewal Option Request to each ParticipantLESSEEs lease date of November 8, promptly after receipt thereof from 2026. LESSEE retains the Lessee. Each Participant will notify Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five (45) days after the date on which the Administrative Agent receives the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after the Renewal Option Response Date (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not right to extend the Term (lease on a “Renewal Rescission”)one year basis from year to year up to 5 consecutive years at a rate to be negotiated at that time. If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall LESSEE will be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the given first right of Lessee refusal on additional available space at terms to effectuate a Renewal Rescission and, subject to Section 4.7(c), Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents to the Renewal Option Request. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided be determined at that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier date), (x) Lessee shall not have exercised the Purchase Option or Sale Option, (y) no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) above and (3) without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required thereintime.

Appears in 1 contract

Samples: Wilds Industrial Center (Olb Group, Inc.)

Renewal of Lease. (a) Lessee may request in writing (the “Renewal Option Request”) to the Administrative Agent, Lessor and each Participant pursuant to the Lease to renew the Term (the “Lease Renewal”) for one additional five-year five‑year period commencing on the last day of the Base Term (( a “Lease Renewal Term”), and that the Maturity Date for the Loans Rent Assignment Contributions and the Lessor Amount be correspondingly extended to the extended Expiration Date. Such Renewal Option Request must be delivered in writing to Lessor, the Administrative Agent and each Participant not later than one hundred eighty (180) days nor more than three two hundred sixty-five seventy (365270) days prior to the expiration of the Base Term. The Administrative Agent shall distribute a copy of the Renewal Option Request to each Participant, promptly after receipt thereof from the Lessee. Each Participant will notify the Administrative Agent (who shall promptly notify the Lessee) in writing of whether or not it has consented to such Renewal Option Request not later than forty-five forty‑five (45) days after the date on which the Administrative Agent receives receipt of the Renewal Option Request (the “Renewal Option Response Date”). Any failure by any Participant to so notify the Administrative Agent by the Renewal Option Response Date will be deemed to be a non-consent non‑consent by such Participant. Each Participant’s determination with respect to the Renewal Option Request shall be a new credit determination and within such Participant’s sole and absolute discretion and may be conditioned upon such terms and conditions as shall be deemed appropriate by such Participant, which may include including receipt of such financial information, documentation or other information or conditions as may be requested in writing by such Participant and the receipt of a satisfactory appraisal of the Leased Property. It is a condition that all Participants consent to the renewal set forth in the Renewal Option Request for any renewal of the Lease to be effective. Lessee shall have thirty (30) days after receipt of the Participants’ consent to the Renewal Option Response Date Request (such time period being referred to as the “Renewal Rescission Period”) to irrevocably rescind the Renewal Option Request and elect not to extend the Term (a “Renewal Rescission”). If Lessee exercises a Renewal Rescission, the Lease shall terminate on the last day of the Term and Lessee shall be deemed to have exercised the Purchase Option. Any failure by Lessee to exercise a Renewal Rescission during the Renewal Rescission Period shall be deemed a waiver of the right of Lessee to effectuate a Renewal Rescission and, subject to Section 4.7(c), and Lessee shall have been deemed to have accepted the Participants’ respective terms and conditions to their respective consents Participant’s consent to the Renewal Option RequestRequest and any terms and conditions set forth therein. If consented to by all Participants pursuant to the preceding paragraph, Lessee, the Administrative Agent Lessee and the Participants shall proceed promptly to execute and deliver all such amendments and modifications to the Operative Documents as are necessary to set forth any terms and conditions relating to the Renewal Option not reflected in the Operative Documents and the renewal shall become effective as of the first date (the “Renewal Effective Date”) on or after the Renewal Option Response Date on which all of the Participants shall have consented to such Lease Renewal; provided that on both the date of the Renewal Option Request and the Renewal Effective Date in addition thereto: (unless otherwise specified): (w) each of the representations and warranties made by Lessee and each Guarantor in or pursuant to the Operative Documents shall be true and correct in all material respects as if made on and as of each such date (except to the extent any such representation or warranty specifically relates to an earlier datedate or which have been previously disclosed to and approved by Administrative Agent and the Participants), (x) Lessee shall not have exercised elected the Purchase Option or Sale Option, (y) (i) as of the Renewal Option Request, no Event of Default shall be continuing and (ii) as of the Renewal Effective Date, no Default or Event of Default shall have occurred and be continuing, and (z) on each of such dates, Lessor shall have received a certificate of a Responsible Officer of Lessee as to the matters set forth in clauses (w), (x) and (y) (if applicable) above and (3) and, without duplication, the conditions set forth in Section 19.3 of the Lease shall have been satisfied as of the dates required therein.

Appears in 1 contract

Samples: Participation Agreement (Norfolk Southern Corp)

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