Right of Opportunity Sample Clauses

Right of Opportunity. (A) Addendum No. 5 Right of Opportunity.
Sample 1
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Right of Opportunity. Provided that Tenant is not in default of any term or condition of the Lease and that an event has not occurred which, with the giving of notice or passage of time would constitute a default, Tenant shall have the right of first opportunity ("Right of First Opportunity") to lease those certain adjacent spaces in the Building, commonly known as Xxxxx 000, Xxxxx 000, and Suite 124, and identified on Exhibit A attached hereto and incorporated herein by this reference ("Adjacent Space"), on the following terms and conditions:
Sample 1
Right of Opportunity. This Rider is attached to and a part of that certain Fourth Amendment to Standard Lease Agreement dated as of September 29, 2000 (the "Fourth Amendment"), executed by and between AGBRI XXXXXX X.X., a Delaware Limited partnership ("Landlord"), and INTERLIANT, INC., a Delaware corporation ("Tenant"). Any capitalized term not defined herein shall have the meaning assigned to it in the Lease, as such term is defined in the Fourth Amendment. Landlord and Tenant agree as follows:
Sample 1
Right of Opportunity. N-C will notify PAL in writing if N-C wishes to license rights to broadcast of any of its products in a radio format not covered by the license granted hereunder, including, for example, pay-per-listen, cable radio, Internet radio, and AM or FM radio syndication. If PAL is interested in acquiring such rights, it will so notify N-C within fifteen (15) days after receipt of N-C's notice, and the parties agree to thereupon negotiate in good faith upon the terms of a license. If the parties are unable to enter into a definitive written agreement within forty-five (45) days after N-C's notification, then N-C may negotiate with others, and may enter into an agreement to license such rights with any party of its choosing, without further restriction by this Agreement. Nothing contained herein, however, shall restrict or prohibit or otherwise affect N-C's right to sell, assign or license its rights to any work in any media now known or hereafter known, other than satellite radio broadcast technology.
Sample 1
Right of Opportunity. (1) Subject to the provisions of this Section 8, if, during the Lease Term (but not any further extensions thereof), if any portion of the Give-Back Premises becomes available for lease from Lessor (or Lessor reasonably anticipates that such space will become available for lease from Lessor) (the “ROFO Space”), Lessor shall so notify Lessee (the “Lessor’s ROFO Notice”) of the anticipated availability date (the “ROFO Commencement Date”), and Lessee shall have the right to lease all (but not less than all) of the ROFO Space (the “Right of Opportunity”) by delivering Lessee’s notice of such election to Lessor (“Lessee’s ROFO Notice”) within ten (10) business days after Lessor gives Lessor’s ROFO Notice to Lessee.
Sample 1
Right of Opportunity. If at any time during the “Term” (as defined in that certain Future Development Agreement, by and between REIT and GHS, dated as of September , 2009 (the “Future Development Agreement”)), GHS desires to develop and/or sell any of the properties set forth on Exhibit A hereto (the “Properties”) with “Outside Funding” (as hereinafter defined) (any such development or sale, an “Opportunity”), GHS shall offer REIT such Opportunity on the terms set forth in the Future Development Agreement and this Agreement. If REIT is offered any such Opportunity to develop and/or purchase such Property, REIT may elect, in its sole and absolute discretion, to accept such Opportunity. For purposes of this Agreement, “Outside Funding” shall mean funding for the applicable development and/or sale of a Property which comes from sources other than (A) GHS itself, (B) joint venture relationships with other healthcare providers or (C) physicians or other tenants of space occupied by GHS.
Sample 1
Right of Opportunity. (a) Subject to the provisions of this Article, if, during the Term of this Lease, office space located on the eighth (8th) and/or, (i) if Landlord does not timely deliver the Swap Notice to Tenant under Section 2.1(b), the eleventh (11th) floor of the Building or (ii) if Landlord timely delivers the Swap Notice to Tenant under Section 2.1(b), the tenth (10th) floor of the Building, becomes available for lease from Landlord (or Landlord reasonably anticipates that such space will become available for lease from Landlord) prior to the last fifteen (15) months of the initial Term (or, if Tenant has theretofore extended the Term in accordance with the provisions of Article 28, then prior to the last thirty-six (36) months of such Extension Term) (the “ROFO Space”), Landlord shall so notify Tenant (the “Landlord’s ROFO Notice”) of the anticipated availability date (the “ROFO Commencement Date”) and, Tenant shall have the right to lease all (but not less than all) of the ROFO Space (the “Right of Opportunity”) by delivering Tenant’s notice of such election to Landlord (“Tenant’s ROFO Notice”) within seven (7) Business Days after Xxxxxxxx gives Xxxxxxxx’s ROFO Notice to Tenant. If Tenant exercises Tenant’s Right of Opportunity less than thirty-six (36) months prior to the Expiration Date for the initial Term, Tenant shall concurrently exercise Tenant’s Extension Option for the Extension Term as set forth under Article 28, and Tenant shall have the right to exercise its Extension Option at such time notwithstanding anything to the contrary set forth in Article 28.
Sample 1
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Right of Opportunity. If Landlord decides during the term of this -------------------- Lease Agreement to sell the Premises, it shall afford Tenant the opportunity to purchase the Premises upon THE terms and conditions established TO BE OFFERED by ---- -------------- Landlord, provided that Tenant is not then in default under any of the terms and conditions of this Lease Agreement. Tenant shall have ten (10) days after being notified of the terms and conditions imposed by Landlord upon sale of the Premises within which to notify Landlord of its election either to purchase said Premises or waive the right. Once having waived the right to purchase, the right granted Tenant hereunder shall terminate even though Landlord may thereafter desire to sell said Premises.
Sample 1
Right of Opportunity. If Tenant is not in default of any of the terms, conditions, or covenants of the Lease and Landlord is engaged in negotiation with a third party to enter into a lease for all of or any portion of that area marked as "First Opportunity Area", in Exhibit "B", attached hereto, Landlord shall notify Tenant of such interest. Within ten (10) working days after Landlord gives Tenant notice, Tenant shall: (1) notify Landlord in writing of its desire to lease that space which said third party is interested in leasing: or, (2) notify Landlord in writing of its intention not to take said space. Failure to timely notify Landlord of its desire to lease said space or failure to enter into a written lease agreement or amendment with Landlord within thirty (30) days of notification of third party interest for said space, shall be deemed a rejection of such space by Tenant and this Right of First Opportunity shall terminate immediately.
Sample 1

Related to Right of Opportunity

  • Right of First Opportunity a. During the Term of this Lease (including, without limitation, the Extended Term, if applicable), Lessor shall notify Lessee ("Lessor's Notice") if either or both Suite 310 (consisting of approximately 15,654 square feet of Rentable Area) on the third floor of the Building and/or Suite 115 on the first floor of the Building become available for Lease (subject to any rights which any then existing tenants of such space may have to lease such space pursuant to lease transactions hereafter entered into in accordance with this Article 64, and any rights held by Inktomi Corporation as the existing tenant of such space, Lessor hereby representing and warranting to Lessee that no current tenant other than Inktomi has any existing rights to the lease of such Suite 115 or Suite 310). Such Lessor's Notice shall provide the basic business terms on which Lessor is willing to rent such space (including, without limitation, Base Rent, improvement allowances and other economic concessions) and shall be given to Lessee prior to such space being made available to any third party (other than any existing tenant having prior rights to such space). Lessee is hereby granted the right of first opportunity to lease such space on the terms as outlined in Lessor's Notice to Lessee. No court arbitrator or third party shall have the right to challenge the terms and conditions set forth in Lessor's Notice to Lessee. Lessee shall have ten (10) days following receipt of such Lessor's Notice within which to indicate in writing its desire to lease the space under the terms and conditions stated in such Lessor's Notice. If Lessee rejects or fails to accept Lessor's offer within such ten (10) day period, Lessor shall have the right at any time within nine (9) months thereafter to enter into a lease for such available space which was the subject of the offer made to Lessee in Lessor's notice to any one or more third parties on any terms, covenants and conditions desired by Lessor, and Lessee shall have no further right to lease such space, provided that such lease is entered into within nine (9) months following Lessee's receipt of the applicable Lessor's Notice and the net effective rent payable under such lease is not less than ninety percent (90%) of the net effective rent proposed in the applicable Lessor's Notice. If Lessee rejects or fails to accept Lessor's offer as set forth in Lessor's Notice within such ten (10) day period, but Lessor thereafter desires to lease such space which was the subject of such Lessor's Notice to one or more third parties more than nine (9) months following Lessee's receipt of the applicable Lessor's Notice or at a net effective rent less than ninety percent (90%) of the net effective rent proposed in the applicable Lessor's Notice, then Lessor shall first deliver a new Lessor's Notice with respect to such space to Lessee and Lessee shall again have its right of first opportunity with respect thereto in the manner set forth above.

  • Freedom to Pursue Opportunities The Parties expressly acknowledge and agree that: (i) Sponsor and each Sponsor Director (and each Affiliate thereof) has the right to, and shall not have any duty (contractual or otherwise) to (and none of the following shall be deemed to be wrongful or improper), (x) directly or indirectly engage in the same or similar business activities or lines of business as the Parent Parties or any of their respective Subsidiaries, including those deemed to be competing with the Parent Parties or any of their respective Subsidiaries, or (y) directly or indirectly do business with any client or customer of the Parent Parties or any of their respective Subsidiaries; and (ii) in the event that Sponsor or a Sponsor Director (or any Affiliate thereof) acquires knowledge of a potential transaction or matter that may be an opportunity for the Parent Parties or any of their respective Subsidiaries and Sponsor or any other Person, Sponsor and such Sponsor Director (and any such Affiliate) shall not have any duty (contractual or otherwise) to communicate or present such opportunity to the Parent Parties or any of their respective Subsidiaries, as the case may be, and, notwithstanding any provision of this Agreement to the contrary, shall not be liable to the Parent Parties, their respective Subsidiaries or their respective Affiliates or equity holders for breach of any duty (contractual or otherwise) by reason of the fact that Sponsor or such Sponsor Director (or such Affiliate thereof), directly or indirectly, pursues or acquires such opportunity for itself, directs such opportunity to another Person, or does not present such opportunity to the Parent Parties or any of their respective Subsidiaries; provided, that any such business, activity or transaction described in this Section 4.14 is not the direct result of Sponsor, its Affiliates or a Sponsor Director using Confidential Information in violation of Section 3.3 hereof. Notwithstanding anything to the contrary contained in this Section 4.14, any Sponsor Director may be excluded, by the members of the Board who are not Sponsor Directors, from any discussion or vote on matters in accordance with a conflicts of interest policy of the Board that is adopted by the Board in good faith and is applicable to all of the members of the Board.

  • Bonus Opportunity The Company shall offer each year an incentive bonus compensation plan. Such plan will include an annual bonus target amount equal to at least 50% of the Executive’s annual base salary and shall contain such additional terms as determined by the Chief Executive Officer. The amount of any bonus payable to Executive in any year shall be based upon performance targets established in advance under the bonus plan and Executive’s achievement of such performance criteria.

  • Investment Opportunities To the fullest extent permitted by applicable law, the doctrine of corporate opportunity, or any analogous doctrine, shall not apply to any Member (other than Members who are officers or employees of the Company, PubCo or any of their respective Subsidiaries), any of their respective Affiliates (other than the Company, the Managing Member or any of their respective Subsidiaries), or any of their respective officers, directors, agents, shareholders, members, managers and partners (each, a “Business Opportunities Exempt Party”). The Company renounces any interest or expectancy of the Company in, or in being offered an opportunity to participate in, business opportunities that are from time to time presented to any Business Opportunities Exempt Party. No Business Opportunities Exempt Party who acquires knowledge of a potential transaction, agreement, arrangement or other matter that may be an opportunity for the Company or any of its subsidiaries shall have any duty to communicate or offer such opportunity to the Company. No amendment or repeal of this Section 8.4 shall apply to or have any effect on the liability or alleged liability of any Business Opportunities Exempt Party for or with respect to any opportunities of which any such Business Opportunities Exempt Party becomes aware prior to such amendment or repeal. Any Person purchasing or otherwise acquiring any interest in any Units shall be deemed to have notice of and consented to the provisions of this Section 8.4. Neither the alteration, amendment or repeal of this Section 8.4, nor the adoption of any provision of this Agreement inconsistent with this Section 8.4, shall eliminate or reduce the effect of this Section 8.4 in respect of any business opportunity first identified or any other matter occurring, or any cause of action, suit or claim that, but for this Section 8.4, would accrue or arise, prior to such alteration, amendment, repeal or adoption.

  • Loan Opportunities The Company on behalf of each Fund acknowledges and agrees that BTC shall have the right to decline to make any loans of Securities under any Securities Lending Agreement, to discontinue lending or to terminate any loans of Securities under any Securities Lending Agreement in its sole discretion. The Company on behalf of each Fund agrees that it shall have no claim against BTC based on, or relating to, loans made for other customers, or loan opportunities refused hereunder, whether or not BTC has made fewer or more loans for any other customer than for the Fund, and whether or not any loan for another customer, or the opportunity refused, could have resulted in loans made hereunder.

  • Investment Opportunities and Allocation The Advisor shall be required to use commercially reasonable efforts to present a continuing and suitable investment program to the Company that is consistent with the investment policies and objectives of the Company, but neither the Advisor nor any Affiliate of the Advisor shall be obligated generally to present any particular investment opportunity to the Company even if the opportunity is of character that, if presented to the Company, could be taken by the Company. In the event an investment opportunity is located, the allocation procedure set forth under the caption “Conflicts of Interest – Certain Conflict Resolution Measures – Allocation of Investment Opportunities” in the Registration Statement shall govern the allocation of the opportunity among the Company and Affiliates of the Advisor.

  • Right of Review Once Lessor shall have finally determined said Operating, Utility and Energy or Real Estate Tax Costs at the expiration of a Lease Year, then as to the item so established, Lessee shall only be entitled to dispute said charge as finally established for a period of six (6) months after such charge is finally established, and Lessee specifically waives any right to dispute any such charge at the expiration of said six (6) month period.

  • Right of Revocation Guarantor understands and agrees that Guarantor may revoke its future obligations under this Guaranty at any time by giving Bank written notice that Guarantor will not be liable hereunder for any indebtedness or obligations of Borrower incurred on or after the effective date of such revocation. Such revocation shall be deemed to be effective on the day following the day Bank receives such notice delivered either by: (a) personal delivery to the address and designated department of Bank identified in subparagraph 1(a) above, or (b) United States mail, registered or certified, return receipt requested, postage prepaid, addressed to Bank at the address shown in subparagraph 1(a) above. Notwithstanding such revocation, Guarantor shall remain liable on its obligations hereunder until payment in full to Bank of (x) all of the Guaranteed Indebtedness that is outstanding on the effective date of such revocation, and any renewals and extensions thereof, and (y) all loans, advances and other extensions of credit made to or for the account of Borrower on or after the effective date of such revocation pursuant to the obligation of Bank under a commitment or agreement made to or with Borrower prior to the effective date of such revocation. The terms and conditions of this Guaranty, including without limitation the consents and waivers set forth in paragraph 7 hereof, shall remain in effect with respect to the Guaranteed Indebtedness described in the preceding sentence in the same manner as if such revocation had not been made by Guarantor.

  • Notice and Opportunity to Defend Promptly after the receipt by Buyer or the Company and/or the Seller of notice of any action, proceeding, claim or potential claim (any of which is hereinafter individually referred to as a “Circumstance”) which could give rise to a right to indemnification under this Agreement, such party (the “Indemnified Party”) shall give prompt written notice to the party or parties who may become obligated to provide indemnification hereunder (the “Indemnifying Party”). Such notice shall specify in reasonable detail the basis and amount, if ascertainable, of any claim that would be based upon the Circumstance. The failure to give such notice promptly shall relieve the Indemnifying Party of its indemnification obligations under this Agreement, unless the Indemnified Party establishes that the Indemnifying Party either had knowledge of the Circumstance or was not prejudiced by the failure to give notice of the Circumstance. The Indemnifying Party shall have the right, at its option, to compromise or defend the claim, at its own expense and by its own counsel, and otherwise control any such matter involving the asserted liability of the Indemnified Party, provided that any such compromise or control shall be subject to obtaining the prior written consent of the Indemnified Party which shall not be unreasonably withheld. An Indemnifying Party shall not be liable for any costs of settlement incurred without the written consent of the Indemnifying Party. If any Indemnifying Party undertakes to compromise or defend any asserted liability, it shall promptly notify the Indemnified Party of its intention to do so, and the Indemnified Party agrees to cooperate fully with the Indemnifying Party and its counsel in the compromise of or defense against any such asserted liability. All costs and expenses incurred in connection with such cooperation shall be borne by the Indemnifying Party, provided such costs and expenses have been previously approved by the Indemnifying Party. In any event, the Indemnified Party shall have the right at its own expense to participate in the defense of an asserted liability.

  • Agreement not to Participate in Company’s Competitors During Executive’s employment with the Company, Executive agrees not to acquire, assume or participate in, directly or indirectly, any position, investment or interest known by Executive to be adverse or antagonistic to the Company, its business, or prospects, financial or otherwise, or in any company, person, or entity that is, directly or indirectly, in competition with the business of the Company or any of its Affiliates (as defined below). Ownership by Executive, in professionally managed funds over which the Executive does not have control or discretion in investment decisions, or as a passive investment, of less than two percent (2%) of the outstanding shares of capital stock of any corporation with one or more classes of its capital stock listed on a national securities exchange or publicly traded on a national securities exchange or in the over-the-counter market shall not constitute a breach of this Section. For purposes of this Agreement, “Affiliate,” means, with respect to any specific entity, any other entity that, directly or indirectly, through one or more intermediaries, controls, is controlled by or is under common control with such specified entity.

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