Right of First Notification. Prior to Landlord’s initial leasing of space immediately adjacent to the Premises on the 2nd floor (as identified on Exhibit A) to a third party not already a tenant, Landlord shall notify Tenant by telecopier at 703-704-1351 Attn. Bill Elliott, that Landlord is in negotiations with a prospective tenant for such space. Such notice shall include xxx xxxxxx xate that Xxxxxxxx xxll charge to Tenant. Landlord agrees not to execute a lease for such space to a third party for a period of seven (7) days following the sending of such notice to allow Tenant to approach Landlord about leasing such space..
Right of First Notification. 4.1 For so long as Intel Corporation ("Intel") owns at least seventy five percent (75%) of the Series D Preferred owned by it (including any Common Stock into which Series D Preferred Stock has been converted) as of the date of this Agreement, in the event that the Board of Directors of the Company (i) receives a bona fide offer to be acquired by means of (x) a merger, consolidation or other business combination pursuant to which the stockholders of the Company immediately prior to the effective date of such transaction have beneficial ownership of less than fifty percent (50%) of the total combined voting power for election of directors of the surviving corporation immediately following such transaction, or (y) the sale of all or substantially all of the assets of the Company, or (ii) votes to initiate a sale to any other person or entity of (xx) fifty (50%) percent or more of the total voting power of the Company, or (yy) all or substantially all of the Company's assets, prior to accepting such acquisition proposal or initiating such sale, the Company shall provide to Intel written notice within 24 hours (the "Notice") of the proposed terms of such acquisition proposal or sale. The Notice shall set forth the specific terms of the acquisition proposal or the initiation of a sale of the Company. Further, the Company shall provide Intel with access to (and copies of, if requested) all documents containing nonpublic information of the Company that are or have been supplied to the party making the acquisition proposal. In its discretion, Intel shall have eight business days (which time period may be extended by mutual written agreement) following its receipt of the Notice ("the Negotiation Period") in which to present an offer to acquire the Company (the "Intel Offer"), which the Company shall be under no obligation to accept. If, however, the Company elects to pursue the Intel Offer, then the Company will provide Intel written acknowledgment of such election. The parties agree to negotiate in good faith for a period of ten (10) business days (which may be extended by mutual written agreement) after Intel's receipt of the Company's written acknowledgment to pursue Intel's Offer, to reach agreement on mutually agreeable terms.
Right of First Notification. During the Extended term, Tenant shall retain the Right of First Notification with respect to Xxxxx 000 xxx Xxxxx 000 as set forth in Section 11 of the First Amendment. Tenant acknowledges and agrees that it has waived the Right of First Notification set forth in Section 11 of the First Amendment with respect to Suite 230. Further, as of the Effective Date, in the event that the electrical room located adjacent to the East side of the Premises, Xxxxxx 000/000 (xxxxxxxx), Xxxxx 000, Xxxxx 000, xx Xxxxx 000 (each, for the purposes of this Section 11 only, a “Notice Space”) becomes available during the Term of the Lease, as extended hereby, Landlord shall notify Tenant of such available space (the “Available Space”) and the terms and conditions under which Landlord intends to market the Available Space (the “Availability Notice”). Tenant shall have ten (10) business days following receipt of the Availability Notice to elect in writing to lease such Available Space on the terms and conditions set forth in the Availability Notice. If Tenant fails to respond to Landlord’s Availability Notice within such ten (10) business day period or if Tenant declines to lease the Available Space, then Tenant shall be deemed to have waived its Right of First Notification with respect to the applicable Available Space. A Notice Space shall be deemed to be “available” when the lease for any current tenant of a Notice Space expires or is otherwise terminated. A Notice Space shall not be deemed to be “available” if the space is either (i) assigned or subleased by the current tenant of the space, (ii) relet by the current tenant of the space by renewal, extension, or renegotiation, or (iii) with respect the electrical room, Xxxxxx 000/000 (xxxxxxxx), Xxxxx 000, Xxxxx 000, xx Xxxxx 000, such Notice Space is subject to a right of another tenant existing as of the Effective Date.
Right of First Notification. In the event that at any time during the Term, any space in the 828 Building shall become available for lease (the “Available Space”), then provided that Tenant is in possession of the Premises and not in default under this Lease after any applicable notice and cure period, and provided further that Tenant’s financial condition and creditworthiness are reasonably satisfactory to Landlord, Landlord shall notify Tenant of the availability of the Available Space and the terms upon which Landlord proposes the same to be leased as reasonably determined by Landlord. Subject to prior rights granted to any other tenants or other parties to lease the Available Space, Tenant shall have a period of ten (10) business days from the date of delivery of such notice within which to notify Landlord of its election to lease the Available Space on the same terms and conditions as set forth in Landlord’s notice to Tenant. In the event Tenant does not so notify Landlord of its election to lease the Available Space within the aforesaid ten (10) business day period, time being of the essence, Landlord shall be free to lease the Available Space to any party as Landlord may elect upon such terms as Landlord and any proposed tenant of the Available Space may agree upon. In the event Tenant elects to lease the Available Space as aforesaid, the Available Space shall thereafter be deemed part of the Premises, and Tenant shall thereafter pay Annual Rent and additional rent for such space and otherwise comply with the other provisions of this Lease which shall thereafter be applicable to the Available Space. In the event Tenant elects to lease the Available Space as aforesaid, a lease amendment consistent with the above shall be prepared and such lease amendment shall be executed by Tenant within ten (10) business days of receipt thereof or Tenant’s right to lease the Available Space shall, at Landlord’s option, be rendered null and void. If Tenant does not exercise its right to lease the Available Space in accordance with this provision, Landlord shall not be required to offer the Available Space to Tenant again. The aforesaid right of first notification is personal to the Tenant named herein and shall not apply to any assignee or subtenant of Tenant.
Right of First Notification. Tenant's Right of First Notification, set forth in the First Modification and the Second Modification, shall not apply to the Additional Space.
Right of First Notification. In the event that Suite 230, 310, or 410 (each, for the purposes of this Paragraph only, a “First Notice Space”) becomes available during the Term of the Lease, Landlord shall notify Tenant of such available space (the “Available Space”) and the terms and conditions under which Landlord intends to market the Available Space (the “Availability Notice”). Tenant shall have ten (10) business days following receipt of the Availability Notice to elect in writing to lease such Available Space on the terms and conditions set forth in the Availability Notice. Should Tenant indicate that it is not prepared to lease the Available Space, whether by written notice to Landlord or by failing to affirmatively respond to the Availability Notice in writing within ten (10) business days, then Tenant shall be deemed to have waived its Right of First Notification with respect to the applicable Available Space. The First Notice Space shall be deemed to be “available” when the lease for any current tenant of the First Notice Space expires or is otherwise terminated. The First Notice Space shall not be deemed to be “available” if the space is either (i) assigned or subleased by the current tenant of the space, or (ii) relet by the current tenant of the space by renewal, extension, or renegotiation. There are no superior rights to the First Notice Spaces except a right of first notification of CPMC with respect to Suites 310 and 410.
Right of First Notification shall be deleted in its entirety. 7. ARTICLE 45.
Right of First Notification. Provided the Company has exercised the Put Right and Purchaser has acquired on exercise of the Put Right at least $5,000,000 of Put Right Shares, then beginning on the date the Put Right has been so exercised and ending on the second anniversary of the closing of the IPO:
Right of First Notification. Tenant's Right of First Notification, set forth in the First Modification and the Second Modification, shall no longer be applicable.
Right of First Notification. Provided that the following criteria are met:
