Right of Second Offer Sample Clauses

Right of Second Offer. Subject to the rights of any existing tenants of the Building, if 10,000 square feet or more of contiguous space on the first floor of the Building (the “Additional Space”) shall become available at any time during the Initial Term, Landlord shall, prior to offering to lease the Additional Space to any person or entity other than existing tenants of the Building that have a superior right of first offer, offer in writing (the “Lease Offering Notice”), to lease the Additional Space to Tenant for a rental hereafter described and upon such terms which, in Landlord’s good faith judgment, Landlord will attempt to lease the Additional Space to others; such rental being equal to the greater of (i) the Fair Market Rental therefor (as provided in Paragraph 24 above) or (ii) the escalated Rent for the Premises as determined in Paragraph 2 hereof. Tenant shall then have a period of ten (10) business days (the “Lease Election Period”) within which to elect to lease the Additional Space covered by the Lease Offer Notice on the terms set forth in the Offer Notice and to enter into a lease incorporating such terms with Landlord (the “Other Lease”), with time being of the essence. Landlord’s obligation to offer the Additional Space to Tenant shall be strictly conditioned and Tenant shall have no rights whatsoever with respect thereof or otherwise under this Paragraph 32 unless, no event of default exists under this Lease at the time of Tenant’s receipt of the Lease Offering Notice and Tenant’s election to lease the Other Premises. If Tenant does not make the aforesaid election or does not execute and deliver the Other Lease within the Lease Election Period, Landlord shall have the right to lease the Other Premises covered by the Lease Offer Notice to any other person or entity, on substantially the same monetary terms offered to Tenant or on any other terms less favorable than those offered to Tenant and Landlord shall have no further obligation under this Lease to notify Tenant should any other space on the first floor become available during the Term.
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Right of Second Offer. In the event Tenant leases the Additional Space in the Building pursuant to its right of second offer set forth in Paragraph 32 of the Lease or any other additional space in the Building within the twelve (12) month period following the date on which this First Amendment has been executed by both Landlord and Tenant, whichever signs later (the “Execution Date”), then, Landlord and Tenant hereby agree that any such additional space shall be subject to the same terms and conditions applicable to the Additional Premises set forth herein and the parties hereto shall enter into an amendment to the Lease confirming such terms.
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Right of Second Offer. Landlord and Tenant acknowledge and agree that (i) the space shown on the plan attached hereto as Exhibit 1F (the “XXXX Space”) is currently leased to Quanterix, a third party tenant, (ii) the space shown as “AVAILABLE” on the plan attached hereto as Exhibit 1G (the “Unleased Space”) is currently unleased, (iii) Landlord has the right to grant to the initial future tenant of all or at least 30,000 rentable square feet of the Unleased Space (the “Initial Tenant”) a right of first offer to lease the XXXX Space on whatever terms and conditions Landlord determines in its sole discretion, and (iv) if such Initial Tenant refuses, or is deemed to have refused, to accept such right of first offer, then, subject to the provisions of this Section 6.1, and provided that (A) as of the date of the XXXX Notice (hereinafter defined), there is no Event of Default then continuing, (B) as of the date of the XXXX Notice, Tenant meets the Occupancy Threshold, then Tenant shall have a one-time right of second offer to lease the XXXX Space in its as-is condition, broom clean, free of personal property and decommissioned in accordance with reasonable industry standards, at then-fair market rent (based on such condition) (the “XXXX FMR”), for a term commencing on the date immediately after the date on which the current tenant of the XXXX Space vacates and surrenders the same (and co-terminus with the Term hereof), and otherwise upon the terms and conditions specified in the XXXX Notice. The provisions of this Section 6.1 shall terminate on the first to occur of the leasing of the XXXX Space to Initial Tenant or Tenant in accordance with this Section 6.1(a) or April 1, 2014.
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Right of Second Offer. Subject to the rights of Wood, Xxxxxxxxxx and Xxxxxxx, if LL intends to lease any space on the 4th floor which is contiguous to the premises ("Option Space") during the initial or renewal term, LL shall offer such space to Tenant in writing. Such offer shall specify Base Rent at which LL would be willing to lease such space to Tenant. Tenant must accept within 10 days business days. If Tenant does not accept, LL shall be free to lease such space to another party on whatever terms and conditions it considers appropriate. Correspondence in File: ----------------------- Letter from JMB dated 5/23/90, notifying Tenant of LL intention to lease a portion of the 4thfloor, containing 1,876 sq. fl. Base Rent of $22.50/sq..ft., on month-to-month basis, with 60 day termination notice. No response from Tenant found in file. Xxxxxxx and Xxxxxxx (Suite 500) (3/l/92 - 2/28/02) --------------------------------------------------
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Right of Second Offer. (See Paragraph 1(e)) This Lease consists of the foregoing introductory paragraphs and Basic Lease Provisions, the provisions of the Standard Lease Provisions (the “Standard Lease Provisions”) (consisting of Paragraphs 1 through 19 which follow) and Exhibits A-1 through A-4 and Exhibits B through Exhibit G, all of which are incorporated herein by this reference. In the event of any conflict between the provisions of the Basic Lease Provisions and the provisions of the Standard Lease Provisions, the Standard Lease Provisions shall control.
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Right of Second Offer. Landlord hereby grants to Tenant a one-time right of second offer to lease any space that becomes available in the Building at 0000 X. Xxxxxxxx Xxxx Xxxx (the “2001 Space”) if such space is or becomes vacant and available during the Lease Term (the “Second Offer Space”). The Second Offer Space is the subject of a Right of First Offer to an existing tenant (the “First Offer Holder”) at the Building at 0000 X. Xxxxxxxx Xxxx Xxxx. If Tenant does not lease the Second Offer Space after being offered such space in accordance with the terms of this Paragraph 1(e), Tenant shall have no further right to lease the Second Offer Space. Tenant’s right of second offer shall be on the terms and conditions set forth in this Paragraph 1(e).
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Right of Second Offer. Section 1.21 of the First Amendment is hereby modified as follows: (a) the reference to "the eighth (8th) floor of the Building (the "SECOND RIGHT AREA")" contained in the ninth and tenth lines of Section 1.21 (a) is hereby deleted in its entirety and a reference to "the fifth (5th), seventh (7th) and eighth (8th) floors of the Building (provided with regard to the fifth (5th) and seventh (7th) floors, such Second Offer Right shall only apply to the remaining space not subject to Tenant's First Right of First Offer contained in Paragraph 14 of Rider #1 to the Original Lease) (collectively, the "SECOND RIGHT AREA")" is hereby substituted in lieu thereof; (b) the last sentence of Section 1.21(c) is hereby deleted in its entirety and the following is hereby substituted in lieu thereof: Notwithstanding any provision of this Section 1.21 to the contrary, Tenant's Second Offer Right with respect to the Second Right Space shall be subject to whatever the rights are of other tenants in the Building, including, without limitation, all rights of Sacks, Xxxxxx & Zolonz (collectively, the "PRIOR TENANTS") that exist, and are in effect, (i) with regard to that portion of the Second Right Space located on the eighth (8th) floor, as of the date of the First Amendment, and (ii) with regard to that portion of the Second Right Space located on the fifth (5th) and seventh (7th) floors, as of the date of the Second Amendment.
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Right of Second Offer. Subject to the terms and conditions specified in this Section 2.4, the Company hereby grants to each Major Investor that is a Holder of Series A Preferred Stock (a “Major Series A Investor”) a right of second offer with respect to such Holder’s pro rata share of future sales by the Company of its Shares that Holders of Series B Preferred Stock, Holders of Series C Preferred Stock, and Holders of Series D Preferred Stock have not elected to obtain as provided in subsection 2.4(a) hereof. (i) A Major Series A Investor shall be entitled to apportion the right of first offer hereby granted it among itself and its partners and Affiliates in such proportions as it deems appropriate. Each time the Company proposes to offer any Shares, after satisfaction of the right of first offer set forth in subsection 2.4(a), the Company shall make an offering of such Shares to each Major Series A Investor in accordance with the following provisions: (ii) The Company shall deliver a Notice to the Major Series A Investors stating (i) its bona fide intention to offer such Shares, (ii) the number of such Shares to be offered, (iii) the price and terms upon which it proposes to offer such Shares and (iv) the number of such Shares available to the Major Series A Investors after satisfaction of the right of first offer set forth in subsection 2.4(a). (iii) By written notification received by the Company within twenty (20) calendar days after the giving of Notice, each Major Series A Investor may elect to purchase, at the price and on the terms specified in the Notice, up to that portion of such Shares that equals the proportion that the number of shares of Common Stock that are Registrable Securities issued and held by such Major Series A Investor in respect of Series A Preferred Stock (assuming full conversion and exercise of all Series A Preferred Stock held by such Major Series A Investor) bears to the total number of shares of Common Stock of the Company then outstanding in respect of Series A Preferred Stock (assuming full conversion and exercise of all Series A Preferred Stock then outstanding). The Company shall promptly, in writing, inform each Major Series A Investor that elects to purchase all the shares available to it (a “Fully-Exercising Series A Investor”) of any other Major Series A Investor’s failure to do likewise. During the ten (10) day period commencing after such information is given, each Fully- Exercising Series A Investor may elect to purchase that portion of...
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Related to Right of Second Offer

  • Unconditional Right of Securityholders to Institute Certain Suits Notwithstanding any other provision in this Indenture and any provision of any Security, the right of any Holder of any Security to receive payment of the principal of and interest on such Security on or after the respective due dates expressed in such Security, or to institute suit for the enforcement of any such payment on or after such respective dates, shall not be impaired or affected without the consent of such Holder.

  • Replacement of Securities If any certificate or instrument evidencing any Securities is mutilated, lost, stolen or destroyed, the Company shall issue or cause to be issued in exchange and substitution for and upon cancellation thereof (in the case of mutilation), or in lieu of and substitution therefor, a new certificate or instrument, but only upon receipt of evidence reasonably satisfactory to the Company of such loss, theft or destruction. The applicant for a new certificate or instrument under such circumstances shall also pay any reasonable third-party costs (including customary indemnity) associated with the issuance of such replacement Securities.

  • Termination of Security Interest Upon the payment in full of all Obligations, the security interest granted herein shall terminate and all rights to the Collateral shall revert to Debtor. Upon such termination, Secured Party hereby authorizes Debtor to file any UCC termination statements necessary to effect such termination and Secured Party will execute and deliver to Debtor any additional documents or instruments as Debtor shall reasonably request to evidence such termination.

  • Termination of Security Interests; Release of Collateral Upon payment in full of all Secured Obligations, the Security Interests shall terminate and all rights to the Collateral shall revert to Debtor. Upon such termination of the Security Interest or release of any Collateral, the Secured Party will, at the expense of Debtor, execute and deliver to Debtor such documents as Debtor shall reasonably request to evidence the termination of the Security Interest or the release of such Collateral, as the case may be.

  • Termination of Security Interests Upon the payment in full of the Obligations and satisfaction of all Borrower’s obligations under this Agreement and the other Loan Documents, and if Lender has no further obligations under its Commitment, the security interest granted hereby shall terminate and all rights to the Collateral shall revert to Borrower. Upon any such termination, the Lender shall, at Borrower’s expense, execute and deliver to Borrower such documents as Borrower shall reasonably request to evidence such termination.

  • Release of Securities (a) The Custodian shall release and ship for delivery, or direct its agents or sub-custodian to release and ship for delivery, as the case may be, Securities or Required Loan Documents (or other Underlying Loan Documents) of the Company held by the Custodian, its agents or its sub-custodian from time to time upon receipt of Proper Instructions (which shall, among other things, specify the Securities or Required Loan Documents (or other Underlying Loan Documents) to be released, with such delivery and other information as may be necessary to enable the Custodian to perform (including the delivery method)), which may be standing instructions (in form acceptable to the Custodian), in the following cases: (i) upon sale of such Securities by or on behalf of the Company, and such sale may, unless and except to the extent otherwise directed by Proper Instructions, be carried out by the Custodian: (A) in accordance with the customary or established practices and procedures in the jurisdiction or market where the transactions occur, including delivery to the purchaser thereof or to a dealer therefor (or an agent of such purchaser or dealer) against expectation of receiving later payment; or (B) in the case of a sale effected through a Securities System, in accordance with the rules governing the operations of the Securities System; (ii) upon the receipt of payment in connection with any repurchase agreement related to such Securities; (iii) to a depositary agent in connection with tender or other similar offers for such Securities; (iv) to the issuer thereof, or its agent, when such Securities are called, redeemed, retired or otherwise become payable (unless otherwise directed by Proper Instructions, the cash or other consideration is to be delivered to the Custodian, its agents or its sub-custodian); (v) to an issuer thereof, or its agent, for transfer into the name of the Custodian or of any nominee of the Custodian or into the name of any of its agents or sub-custodian or their nominees, or for exchange for a different number of bonds, certificates or other evidence representing the same aggregate face amount or number of units; (vi) to brokers, clearing banks or other clearing agents for examination in accordance with the Street Delivery Custom; (vii) for exchange or conversion pursuant to any plan of merger, consolidation, recapitalization, reorganization or readjustment of the securities of the issuer of such Securities, or pursuant to any deposit agreement (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian, its agents or its sub-custodian); (viii) in the case of warrants, rights or similar securities, the surrender thereof in the exercise of such warrants, rights or similar securities or the surrender of interim receipts or temporary securities for definitive securities (unless otherwise directed by Proper Instructions, the new securities and cash, if any, are to be delivered to the Custodian, its agents or its sub-custodian); and/or (ix) for any other purpose, but only upon receipt of Proper Instructions and an officer’s certificate signed by an officer of the Company (which officer shall not have been the Authorized Persons providing the Proper Instructions) stating (i) the specified securities to be delivered, (ii) the purpose for such delivery, (iii) that such purpose is a proper corporate purpose and (iv) naming the person or persons to whom delivery of such Securities shall be made, and attaching a certified copy of a resolution of the board of directors of the Company or an authorized committee thereof approving the delivery of such Proper Instructions.

  • Release of Security Interest 8.1 This general condition applies if any part of the property is subject to a security interest to which the Personal Property Securities Act 2009 (Cth) applies. 8.2 For the purposes of enabling the purchaser to search the Personal Property Securities Register for any security interests affecting any personal property for which the purchaser may be entitled to a release, statement, approval or correction in accordance with general condition 8.4, the purchaser may request the vendor to provide the vendor’s date of birth to the purchaser. The vendor must comply with a request made by the purchaser under this condition if the purchaser makes the request at least 21 days before the due date for settlement. 8.3 If the purchaser is given the details of the vendor’s date of birth under condition 8.2, the purchaser must – (a) Only use the vendor’s date of birth for the purposes specified in condition 8.2; and (b) Keep the date of birth of the vendor secure and confidential. 8.4 The vendor must ensure that at or before settlement, the purchaser receives – (a) a release from the secured party releasing the property from the security interest; or (b) a statement in writing in accordance with section 275(1)(b) of the Personal Property Securities Act 2009 (Cth) setting out that the amount or obligation that is secured is nil at settlement; or (c) a written approval or correction in accordance with section 275(1)(c) of the Personal Property Securities Act 2009 (Cth) indicating that, on settlement, the personal property included in the contract is not or will not be property in which the security interest is granted. 8.5 Subject to general condition 8.6, the vendor is not obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property – (a) that - (i) the purchaser intends to use predominantly for personal, domestic or household purposes; and (ii) has a market value of not more than $5000 or, if a greater amount has been prescribed for the purposes of section 47(1) of the Personal Property Securities Act 2009 (Cth), not more than that prescribed amount; or (b) that is sold in the ordinary course of the vendor’s business of selling personal property of that kind. 8.6 The vendor is obliged to ensure that the purchaser receives a release, statement, approval or correction in respect of personal property described in general condition 8.5 if – (a) the personal property is of a kind that may or must be described by serial number in the Personal Property Securities Register; or (b) the purchaser has actual or constructive knowledge that the sale constitutes a breach of the security agreement that provides for the security interest. 8.7 A release for the purposes of general condition 8.4(a) must be in writing. 8.8 A release for the purposes of general condition 8.4 (a) must be effective in releasing the goods from the security interest and be in a form which allows the purchaser to take title to the goods free of that security interest. 8.9 If the purchaser receives a release under general condition 8.4 (a) the purchaser must provide the vendor with a copy of the release at or as soon as practicable after settlement. 8.10 In addition to ensuring that a release is received under general condition 8.4(a), the vendor must ensure that at or before settlement the purchaser receives a written undertaking from a secured party to register a financing change statement to reflect that release if the property being released includes goods of a kind that are described by serial number in the Personal Property Securities Register. 8.11 The purchaser must advise the vendor of any security interest that is registered on or before the day of sale on the Personal Properties Security Register, which the purchaser reasonably requires to be released, at least 21 days before the due date for settlement. 8.12 The vendor may delay settlement until 21 days after the purchaser advises the vendor of the security interests that the purchaser reasonably requires to be released if the purchaser does not provide an advice under general condition 8.11. 8.13 If settlement is delayed under general condition 8.12 the purchaser must pay the vendor – (a) interest from the due date for settlement until the date on which settlement occurs or 21 days after the vendor receives the advice, whichever is the earlier; and (b) any reasonable costs incurred by the vendor as a result of the delay - as though the purchaser was in default. 8.14 The vendor is not required to ensure that the purchaser receives a release in respect of the land. This general condition 8.14 applies despite general condition 8.1. 8.15 Words and phrases which are defined in the Personal Property Securities Act 2009 (Cth) have the same meaning in general condition 8 unless the context requires otherwise.

  • Waiver of Right of First Refusal The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.

  • Payment of Securities 42 SECTION 4.02.

  • SUBORDINATION OF SECURITIES SECTION 1201.

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