Tenant’s Right of First Offer. 54.1 As used herein, “
Tenant’s Right of First Offer. Prior to marketing the Premises for any Transfer of the Premises, Landlord shall first give written notice to Tenant (a "Transfer Notice") of Landlord's desire to transfer the Premises and the specific terms and conditions that would be acceptable to Landlord, including but not limited to price, closing conditions and time for closing ("Landlord's Transfer Terms"). Tenant shall have the right (but not the obligation) during the fifteen (15) day period after receipt of the Transfer Notice in which to give Landlord either (1) written notice of Tenant's agreement to Landlord's Transfer Terms, in which event Landlord shall transfer the Premises to Tenant, and Tenant shall acquire the Premises from Landlord, in accordance with Landlord's Transfer Terms, or (2) written notice of such other terms and conditions on which Tenant would be willing to acquire the Premises from Landlord, including but not limited to price, closing conditions and time for closing ("Tenant's Transfer Terms"), in which event Landlord shall have fifteen (15) days after receipt of Tenant's Transfer Terms to accept or reject Tenant's Transfer Terms by written notice to Tenant. If Landlord accepts Tenant's Transfer Terms, Landlord shall transfer the Premises to Tenant, and Tenant shall acquire the Premises from Landlord, in accordance with Tenant's Transfer Terms and such other terms as are mutually acceptable to Landlord and Tenant. If Landlord rejects Tenant's Transfer Terms, Landlord shall be free, for a period of one hundred eighty (180) days after its written notice to Tenant rejecting Tenant's Transfer Terms, to transfer the Premises to any other Person on Landlord's Transfer Terms or such other terms and conditions as Landlord may determine, provided that such terms and conditions shall provide Landlord with at least 95% of the purchase price included in Tenant's Transfer Terms. Tenant shall have the right to review all agreements between Landlord and any other Person governing the Transfer of the Premises to confirm that the terms and conditions thereof are not less favorable than Tenant's Transfer Terms. If Landlord does not so Transfer the Premises within the applicable one hundred eighty (180) day period, the Premises shall forthwith again become subject to Tenant's Right of First Offer hereunder. In the event Tenant fails to respond to any Transfer Notice within thirty (30) days after receipt of same, Landlord shall be free, for a period of one hundred eighty (180) days after such...
Tenant’s Right of First Offer. (A) As of the date hereof, (i)the entire third floor space in the Building as shown on Exhibit E-1 (the "Allegiance Space") is leased to Allegiance Telecom Company Worldwide ("Allegiance") and (ii) the portion of the first floor space in the Building as shown on Exhibit E-2 (the "Authentica Space") is leased to Authentica, Inc.,("Authentica"). The Allegiance Space and the Authentica Space are hereinafter sometimes collectively called the "Offering Space." The existing lease to Allegiance and the terms thereof including, but not limited to, the original term thereof, options to extend the term thereof, rights of the first offer, rights of the first refusal, and any other types of expansion options and rights and any amendments thereto is hereinafter called the "Allegiance Lease." The existing lease to Authentica and the terms thereof including, but not limited to, the original term thereof, options to extend the term thereof, rights of first offer, rights of first refusal, any other types of expansion options and rights and amendments thereto is hereinafter called the "Authentica Lease." Each of Allegiance (and its successors and assigns) and Authentica (and its successors and assigns) is hereinafter individually referred to as an "Existing Tenant" as the context admits and Allegiance and Authentica and their successors and assigns are hereinafter collectively sometimes called the "Existing Tenants." The Allegiance Lease is sometimes called an "Existing Lease" and the Authentica Lease is sometimes called an Existing Lease and the Authentica Lease is sometimes called an Existing Lease and the Allegiance Lease and the Authentica Lease are hereinafter collectively sometimes called the "Existing Leases." The rights of Tenant under this Section 2.1.1. are hereby made subject and subordinate to the Existing Leases and the rights of the Existing Tenants thereunder, which rights are prior to the rights of Tenant under this Section notwithstanding that amendments to the Existing Leases may be executed subsequent to the date of this Lease.
Tenant’s Right of First Offer. If, at any time during the term of this lease, Landlord desires to sell all or any portion of its interest in the Premises (“Landlord’s Interest”), Landlord shall deliver a written notice thereof to Tenant, which notice shall indicate the sale price and the other terms and conditions upon which Landlord is willing to sell Landlord’s Interest (the “Sale Notice”). The Sale Notice shall constitute an offer to sell Landlord’s Interest to Tenant at the price and upon the terms and conditions contained therein. Tenant shall have thirty (30) calendar days after its receipt of the Sale Notice within which to deliver an executed counterpart of the Sale Notice to Landlord, which shall then constitute the purchase and sale agreement between the parties. If Tenant fails to deliver an executed Sale Notice to Landlord as provided herein or fails to close the purchase of Landlord’s Interest in accordance with the terms and conditions set forth in the Sale Notice, then Landlord shall be relieved of its obligations under this Section 9.04 and may freely sell Landlord’s Interest to any person or entity, provided that (i) such sale is consummated within eight (8) months following the date the Sale Notice was delivered to Tenant, (ii) the purchase price for such sale is not less than ninety-five percent (95%) of the price set forth in the Sale Notice and (iii) the material terms of such sale are substantially the same as the terms set forth in the Sale Notice. After the consummation of such sale or if Tenant fails to close the purchase of Landlord’s Interest in accordance with the terms and conditions set forth in the Sale Notice, Landlord’s Interest shall no longer be subject to this Article 9.04.
Tenant’s Right of First Offer. A. First Offer Space. Commencing on the Commencement Date, Tenant (or a Permitted Transferee as defined in Article 16.B hereinabove) shall have a continuing right of first offer to lease Suite 500 (consisting of 10,485 rentable square feet) located on the Fifth Floor of the Building (the “First Offer Space”), which is currently vacant, and, therefore, currently “available for lease.” Without limitation, the First Offer Space shall not be deemed “available for lease” within the meaning of this paragraph 32.A, if any currently existing tenant of the Building exercises an expansion option or right of first offer or refusal to lease the First Offer Space, which expansion option or right of first offer or refusal is included in such tenant’s lease and has been granted prior to the Commencement Date. Prior to the execution of this Lease, Landlord shall provide Tenant with a list of all tenants having priority over Tenant’s rights under the preceding sentence. In the event that the First Offer Space shall become available for lease during the Term (regardless of whether or not Landlord has offered such First Offer Space or any other First Offer Space to Tenant previously) prior to negotiating a lease of such First Offer Space to any other party Landlord shall so notify Tenant in writing (“Landlord’s ROFO Notice”), identifying the availability date (or estimated availability date), the rental rate, any proposed tenant improvement allowance and the other basic terms upon which Landlord desires to lease such First Offer Space.
Tenant’s Right of First Offer. Section 10.01. In the event that at any time during the Term hereof Landlord shall, in good faith, determine to sell the Demised Premises, Landlord shall first submit the proposed offer to Tenant, containing prices, financing terms, closing date and any other salient terms. Landlord's proposal shall be in the form of a contract of sale. Tenant shall have ninety (90) days from receipt to accept such offer; in the event that Tenant accepts the offer, Tenant shall have fifteen (15) days to execute a contract of sale with Landlord. If Tenant fails to accept such offer, Landlord may offer the Demised Premises to such other prospective purchaser as Landlord may desire upon the terms and for the amount contained in Landlord's initial offer, provided, however, that if Landlord does not execute a contract of sale with such other prospective purchaser upon such terms within nine months and 15 days from the date Landlord first submitted an offer to Tenant, Landlord may not sell or convey the Demised Premises without again complying with this Section. In the event that Landlord receives a subsequent bona fide offer upon different terms and Landlord is willing to accept such offer, Landlord shall advise Tenant that it has received such offer and enclose a copy of such offer. Tenant shall thereupon have fifteen (15) days to accept such offer and execute a contract of sale with Landlord. If Tenant fails to execute a contract of sale within such fifteen (15) day period Landlord shall be free to sell to such bona fide offeror. The provisions of this section shall apply to a transfer of fifty (50%) percent or more of either (i) the shares of capital stock of a corporation or (ii) the interest in any limited or general partnership.
Tenant’s Right of First Offer. (a) As used herein: "Available" means, as to any space, that such space is vacant and free of any present or future possessory right now or hereafter existing in favor of any third party; provided, that (i) until the end of the Offer Period, Landlord shall not grant to any third party a right of renewal with respect to any Offer Space (other than (A) any rights of renewal in favor of Warner Communications Inc. or any Affiliate of Warner Communications Inc. or (B) any rights of renewal granted in connection with a new leasing of any Offer Space to another tenant), or any right of offer, right of first refusal or expansion right with respect to any Offer Space which is prior in right to Tenant's right of first offer set forth in this Section 1.06 (other than any expansion obligation on the part of Warner Communications Inc., or any Affiliate of Warner Communications Inc.; provided, that such expansion obligation either exists on the date of this Lease or is set forth in a written agreement between Landlord and such party entered into on or before the 1st anniversary of the date of this Lease), (ii) any Offer Space which is subleased to Landlord by another tenant by virtue of a provision in such tenant's lease similar to Landlord's right of first offer set forth in Section 5.02 shall be deemed to be Available for the term of such sublease, (iii) any space which is vacant on the date of this Lease shall not be deemed Available unless and until such space is first leased to another tenant and then again becomes Available and (iv) following the vacating of the 23rd floor of the Building by the tenants occupying such floor on the date of this Lease, Landlord shall have the right to lease such floor to any third party that also leases from Landlord at least the 24th and 25th floors of the Building, and the 23rd floor of the Building shall not be deemed to be Available unless and until the same becomes Available after the leasing thereof to any such third party. If any third party has a right to renew or extend a lease of any Offer Space, whether granted before or after the date of this Lease, nothing contained herein shall be construed to prohibit Landlord (without first offering such space to Tenant hereunder) from renewing or extending such party's lease on terms other than as set forth in such party's lease, so long as such renewal or extension is for a period of time not longer than that contemplated in such party's lease. Landlord shall promptly notify Tenant...
Tenant’s Right of First Offer. After the initial lease-up of the entire Building (or before the initial lease-up thereof after the 24th month following the Lease Commencement Date), Tenant shall have an on-going Right of First Offer to lease any space (“Offer Space”) in the Building subject to the right of Landlord to extend or renew any then current lease (or enter into a new lease with the same tenant even if no extension or renewal rights are contained in the current lease) and subject to the following terms and conditions:
Tenant’s Right of First Offer. (A) On the conditions (which conditions Landlord may waive by written notice to Tenant) that both at the time that Landlord delivers Landlord’s RFO Notice, as hereinafter defined, or on the Effective RFO Commencement Date, as hereinafter defined, (i) there exists no “Event of Default”, (ii) this Lease is still in full force and effect, and (iii) Tenant or a Permitted Transferee (as hereinafter defined) shall actually occupy the entire Premises, Tenant shall have the right (the “RFO Right”) to lease the RFO Premises, as hereinafter defined, when the RFO Premises become available for lease to Tenant, as hereinafter defined, prior to the date that is five (5) years prior to the then-scheduled expiration date of the Term (as such expiration date may be extended pursuant to Section 3.2 of this Lease); provided, however, it shall be a condition of Tenant’s right to lease the RFO Premises if the RFO Premises becomes available to lease during the period arising after the date that is five (5) years prior to the expiration of the then current Term of the Lease, that Tenant has at least one extension option that has not lapsed unexercised and that Tenant has previously or simultaneously properly exercised such option to extend. Subject only to Section 2.3(F), the RFO Right shall be a one-time right only.
Tenant’s Right of First Offer. Provided no Event of Default shall have occurred and then be continuing, Tenant shall have a right of first offer as more fully set forth in this Article 46. The term “
