Common use of Right of First Opportunity Clause in Contracts

Right of First Opportunity. During the Term of the Lease, Tenant shall have a right of first opportunity to lease available space in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on the terms set forth in this Section. If Landlord wishes to lease an available area in the Building and if that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Opportunity Space") to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third party. Tenant shall have 10 days within which to notify Landlord in writing that it elects to lease the space and to reach agreement with Landlord on all the terms, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord, then such right shall be deemed to have lapsed and shall be of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion of the Opportunity Space to any other party, at any time, on any terms, in Landlord's sole discretion. The right of first opportunity shall be null and void if Tenant is in default under the Lease at the date Landlord would otherwise notify Tenant of Landlord's Offer or at any

Right of First Opportunity. During (a) If Landlord provides a written proposal, or is provided with a written proposal that Landlord is prepared to accept, to lease Suite 301 on the Term third (3rd) floor of the LeaseBank of America Building (the “First Opportunity Space”), to a prospective tenant, including Tenant, Landlord will notify Tenant in writing (“Landlord’s First Opportunity Notice”) and, except as otherwise set forth herein, Tenant shall have a the right (“Right of first opportunity First Opportunity”) to lease available space in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, such First Opportunity Space on the terms set forth and conditions as outlined in this Section. If Landlord’s First Opportunity Notice, by notifying Landlord wishes of its exercise of such right in accordance with Section (b) below. (b) In the event Tenant desires to lease an available area in the Building and if that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Opportunity Space") to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third party. Tenant shall have 10 days within which to notify Landlord in writing that it elects exercise its right to lease the space and to reach agreement with Landlord on all the terms, conditions and rental rate for the First Opportunity Space, Tenant shall give Landlord unequivocal written notice thereof (“Tenant’s First Opportunity Notice”) within five (5) business days after receipt of Landlord’s First Opportunity Notice. If Time is of the parties reach agreement on the terms (including commencement date)essence. If, conditions and rental ratefor any reason, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant declines or does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by so notify Landlord, then such right Tenant’s rights with respect to the First Opportunity Space which is the subject of Landlord’s First Opportunity Notice shall be deemed to have lapsed be waived, and shall be thereafter, after expiration of no further force or effect as to that notification by Landlord. such five (5) business day period, Landlord may thereafter freely lease all or a portion of the Opportunity Space such space to any other party, at any time, on any terms, in Landlord's sole discretion. The right of first opportunity shall be null and void if Tenant is in default under the Lease at the date Landlord would otherwise notify Tenant of Landlord's Offer or at any.

Right of First Opportunity. During the Term 2.3.1. Upon Seller’s intention to effect a Disposition of any of the LeaseSeller Post-Closing Shares (the “Shares for Sale”), Tenant then prior to such Disposition, the Seller shall first offer the Purchaser in writing to purchase all of such Shares for Sale (the “Notice”), in accordance with the following provisions. 2.3.2. The Seller shall include in the Notice (i) the number of such Shares for Sale; and (ii) the fixed price in NIS or the premium/discount percentage below the applicable market price in NIS on the day of closing upon which it intends to Dispose such Shares for Sale and (iii) the terms of payment. 2.3.3. Within two (2) Business Days following the date of the Notice (“Response Period”), the Purchaser shall be entitled to elect to purchase from Seller not less than all of the Shares for Sale, at the price and terms of payment specified in the Notice by a written notification provided by the Purchaser to the Seller during the Response Period (the “Acceptance Notice”, and the date upon which such Acceptance Notice shall have been received by the Seller, shall be referred to herein, as the “Acceptance Date”). The Acceptance Notice shall specify the Purchaser’s consent to purchase all of the Shares for Sale at the price and terms of payment specified in the Notice. 2.3.4. Failure by the Purchaser to deliver an Acceptance Notice during the Response Period, shall be deemed a waiver by the Purchaser to exercise its right of first opportunity to lease available space (for the avoidance of any doubt, without derogating from Section 2.3.6 hereunder). 2.3.5. In the event that the Purchaser shall have delivered the Acceptance Notice in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on accordance with the terms set forth herein, then within three (3) Business Days as of the Acceptance Date, all of the Shares for Sale shall be transferred by the Seller to the Purchaser (Non-Restricted, free and clear of any Liens, against payment by the Purchaser of the applicable price and in this Section. If Landlord wishes to lease an available area accordance with the terms of payment specified in the Building and if Notice). 2.3.6. In the event that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Opportunity Space") to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third party. Tenant Purchaser shall have 10 days within which failed to notify Landlord in writing that it elects to lease deliver an Acceptance Notice during the space and to reach agreement with Landlord on all the terms, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by LandlordResponse Period, then such right the Seller shall be deemed to have lapsed and shall be of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion entitled to, during thirty (30) days following the lapse of the Opportunity Space to Response Period, Dispose all of the Shares for Sale or any other party, part thereof at any timeprice, on any terms, in Landlord's terms and conditions at Seller’s sole discretion. The In the event that the Seller does not consummate the sale of all of the Shares for Sale or any part thereof within such thirty (30) day period, the right of first opportunity provided to the Purchaser under Section 2.3 shall be null and void if Tenant reinstated with respect to any Disposition (which is in default not a Permitted Disposition) of Post Closing Shares which the Seller shall have not disposed of. 2.3.7. Notwithstanding the provisions of Section 2.3 it is hereby agreed that the Right of First Opportunity provided to the Purchaser under the Lease at provisions of this Agreement shall not apply to any Permitted Disposition that shall be performed by the date Landlord would otherwise notify Tenant of Landlord's Offer or at anySeller

Right of First Opportunity. During the Term Provided this Lease shall be in full force and effect, Tenant shall not then be in default of the Lease, and Tenant shall then be occupying one hundred percent (100%) of the Demised Premises, if any space on the second (2nd) floor of the Building shall become available for reletting after the expiration of the third (3rd) year of the Lease Term and any tenant having a prior right of first opportunity shall fail to exercise such right, then Tenant shall have a right of first opportunity to lease available such space in for its own use at the Building comprising 10,000 square feet or more prior to that space being offered to third parties for leasethen-prevailing market rental rate, on but not less than Tenant's then-escalated rental rate. Such lease shall be upon the terms set forth in this Sectionand conditions of the original Lease exclusive of any tenant improvements or build-out and rental abatement. If Landlord wishes Promptly after learning of the availability of any such space and of the aforesaid tenant's failure to exercise their prior rights of first opportunity to lease an available area in the Building and if that space is at least 10,000 square feet in sizesuch space, Landlord shall first offer to lease that space (give Tenant written notice of same, which notice shall include the "Opportunity Space") to Tenant terms and conditions for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third partyavailable space. Tenant shall have 10 five (5) business days from receipt of Landlord's written notice to Tenant within which to notify exercise such right by notifying Landlord of its election in writing that it elects writing. Upon receipt of Tenant's notice to exercise its right of first opportunity Landlord shall, within a period of ten (10) days, forward a lease or amendment to the space Lease to Tenant for execution. Tenant must execute said agreement within five (5) business days of receipt. In the event Tenant exercises its right of first opportunity, the lease terms and to reach agreement with Landlord on all the termsconditions, conditions and rental rate for the Opportunity Space. If the parties reach agreement except as otherwise stated herein, will be based on the existing lease terms (including commencement date), and conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord, then such right shall be deemed to have lapsed and shall be of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion of the Opportunity Space to any other party, at any time, on any terms, in Landlord's sole discretioneffect. The right of first opportunity shall granted hereby may not be null and void if Tenant is in default under the Lease at the date Landlord would otherwise notify Tenant of Landlord's Offer assigned or at anytransferred by Tenant.

Right of First Opportunity. During In the Term of event Landlord determines to sell the Lease, Tenant shall have a right of first opportunity to lease available space in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on the terms set forth in this Section. If Landlord wishes to lease an available area in the Building and if that space is at least 10,000 square feet in sizePremises, Landlord shall first offer to lease that space give Tenant written notice of such intent (the "Opportunity Space") to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third party“Landlord’s Sale Notice”). Tenant shall have 10 thirty (30) days after Landlord’s Sale Notice to negotiate for the purchase of the Premises. Landlord shall negotiate with Tenant during such period in good faith. In the event Landlord and Tenant do not execute a purchase agreement within which such thirty-day period, subject to notify Landlord extensions mutually agreed upon in writing that it elects by the parties. Landlord shall thereafter have the right to lease sell the space Premises. subject to the terms of this Lease, to any third party on any terms and to reach agreement conditions negotiated with Landlord on all such third party. Notwithstanding the termsforegoing, conditions and rental rate in the event the purchase price for the Opportunity Space. If Premises negotiated with such third party is less than 93% of the parties reach agreement on amount last offered by Landlord to Tenant for the terms (including commencement date), conditions and rental ratePremises, Landlord shall prepare notify Tenant (the “Second Notice”) and provide Tenant with a lease containing those copy of such third-party purchase agreement. Tenant shall have fifteen (15) days after the Second Notice to purchase the Premises for such purchase price and terms for Tenant's signatureand conditions agreed with such third party by executing and returning to Landlord the purchase agreement given with the Second Notice. If In the event Tenant does not elect to lease the Opportunity Space or fails to execute the new lease purchase agreement given with the Second Notice within 3 days after presentation such fifteen (15) day period, Landlord shall be free to sell the Premises to such third party or any other party subject to the purchase price restriction set forth above. The right in this Section 43 shall apply only to the sale of the Premises by Landlord, then such right shall be deemed to have lapsed XX-XX AtriCure, LLC, and shall be of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion of the Opportunity Space not to any other party, at any time, on any terms, in Landlord's sole discretion. The right of first opportunity subsequent landlord and shall be null and void if Tenant is in default under and of no further force and effect after the Lease at completion of the date Landlord would otherwise notify Tenant of Landlord's Offer or at anysale by the original landlord named hereunder.

Right of First Opportunity. During The Lessor agrees that it will not market the Term of Lands and the Lease, Tenant shall have a Building for sale without first providing the Lessee with the right of first opportunity to lease available space in the Building comprising 10,000 square feet or more prior to that space being offered to third parties for lease, on the terms set forth out in this SectionSection 19.1. If Landlord wishes to lease an available area not in the Building and if that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Opportunity Space") to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third party. Tenant shall have 10 days within which to notify Landlord in writing that it elects to lease the space and to reach agreement with Landlord on all the terms, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord, then such right shall be deemed to have lapsed and shall be default of no further force or effect as to that notification by Landlord. Landlord may thereafter freely lease all or a portion any of the Opportunity Space material terms or conditions of this Lease, and subject to any other partySection 19.2 herein, at any time, on any terms, in Landlord's sole discretion. The the Lessee will have an exclusive right of first opportunity shall during the Term and any renewal thereof to purchase the Lands and the Building, free and clear of all liens, charges and encumbrances other than the encumbrances set out in Schedule "C" to this Lease (the "Permitted Encumbrances"), and the Lessor's mortgage or mortgages if the Lessor intends to take the Lands and the Building to market with an assumption of such mortgage or mortgages, on the following terms: (a) the Lessor agrees that before marketing the Lands and the Building, the Lessor will first provide the Lessee with written notice (the "Offer Notice") specifying the purchase price (the "Purchase Price") at which the Lessor intends to take the Lands and the Building to market and whether or not the Lessor's mortgage or mortgages are to be null assumed; (b) if the Lessee advises the Lessor, in writing, within twenty (20) business days of receipt of the Offer Notice that the Lessee is interested in purchasing the Lands and void the Building, each of the Lessee and the Lessor will negotiate, in good faith, to finalize and execute a purchase agreement in which the Lessee acquires the Lands and the Building from the Lessor; (c) if Tenant the Lessee and the Lessor are unable to finalize and execute a purchase agreement within sixty (60) days of receipt by the Lessee of the Offer Notice, then the Lessor will have twelve (12) months to sell the Lands and the Building to a third party on whatever terms and conditions the Lessor may decide in its sole discretion, provided such purchase price is not less than 95% of the purchase price offered by the Lessor to the Lessee within such sixty (60) day period; and (d) in default under the Lease at event that the date Landlord would otherwise notify Tenant Lessor does not sell the Lands and the Building to a third party within the twelve (12) month period, this right of Landlord's Offer or at anyfirst opportunity will continue to apply to the Lands and the Building.

Right of First Opportunity. During Throughout the Term term of the Leasethis Sublease, Tenant shall have a the continuing right of first opportunity to lease available space space, leased by Landlord from Master Landlord, in the Building comprising 10,000 square feet or more prior Building. Whenever any such space (the “ROFO Space”) becomes available (which availability shall not include space for which a current tenant has a renewal right) Landlord shall notify Tenant in writing of the specific available space, and the base rental, tenant finish allowance, expense stop, length of primary term, estimated commencement date, length of any extension options to that space being offered to third parties for lease, extend and any other material and/or economic terms (the “Material Terms”) on the terms set forth in this Section. If which Landlord wishes intends to lease the ROFO Space. Landlord’s notice to Tenant shall constitute an available area in the Building and if that space is at least 10,000 square feet in size, Landlord shall first offer to lease that space (the "Opportunity Space") ROFO Space to Tenant for a ten year term at the rental rate(s) and tenant improvement terms that Landlord is willing to accept from a third partyon such terms. Tenant shall have 10 thirty (30) days from receipt of Landlord’s notice to accept or reject the offer. Unless Tenant delivers written notice of acceptance to Landlord within which to notify Landlord in writing that it elects to lease the space and to reach agreement with Landlord on all the termsthirty (30) day period, conditions and rental rate for the Opportunity Space. If the parties reach agreement on the terms (including commencement date), conditions and rental rate, Landlord shall prepare a lease containing those terms for Tenant's signature. If Tenant does not elect to lease the Opportunity Space or fails to execute the new lease within 3 days after presentation by Landlord, then such right shall be deemed to have lapsed and rejected the offer. If Tenant rejects, or is deemed to have rejected, the offer, Landlord shall be of no further force or effect as have the right to that notification by Landlord. Landlord may thereafter freely lease all or a portion of the Opportunity ROFO Space to any other party, at any time, on any terms, in Landlord's its sole discretion. The If Tenant delivers timely written notice of acceptance of Landlord’s offer to lease the ROFO Space, Landlord shall lease the ROFO Space to Tenant on the Material Terms applicable to such ROFO Space. Any right of first opportunity granted to Tenant in this Section 11.8 shall be null subject to, both as to the right itself and void if Tenant is in default under to the Lease offer at the date Landlord would otherwise notify Tenant time it is made, the consent of Master Landlord's Offer or at any.