Termination of First Refusal Right. The foregoing right of first refusal shall terminate upon the earlier of:
Termination of First Refusal Right. Tenant’s right of first refusal set forth in this Section 1.3 shall automatically terminate and be of no further force or effect as of the last day of the initial Lease Term (regardless of whether such Lease Term is extended pursuant to the terms of Section 2.2 of this Lease or otherwise).
Termination of First Refusal Right. Tenant’s right of first refusal set forth in this Section 1.4 shall terminate and expire as of the first (1st) anniversary of the Lease Commencement Date. Accordingly, as of the first (1st) anniversary of the Lease Commencement Date, the provisions of this Section 1.4 shall be deleted and of no further force or effect.
Termination of First Refusal Right. The First Refusal Right shall automatically terminate upon the occurrence of (i) a Corporate Transaction as defined in the Option Agreement, or (ii) a firm commitment underwritten initial public offering by AlphaSmart. * This provision is the subject of a Confidential Treatment Request.
Termination of First Refusal Right. The rights contained in this Section 1.4 shall be personal to the Original Tenant and any Permitted Assignee (and not any other assignee or sublessee), and shall be exercisable only so long as the Original Tenant or a Permitted Assignee occupies at least seventy percent (70%) of the entire Premises, provided that for the purposes of this Section 1.4.3, the Original Tenant or Permitted Assignee, as the case may be, shall be deemed to be in occupancy of any space sublet to any Transferee pursuant to a sublease consented to by Landlord pursuant to the terms of Article 14 of this Lease. In addition, Landlord hereby acknowledges that following the proper exercise of Tenant’s right to first refusal as set forth herein, Tenant may thereafter sublet the First Refusal Space to a subtenant approved by Landlord pursuant to the terms and conditions of Article 14, below. Tenant shall not have the right to lease any First Refusal Space, as provided in this Section 1.4, if (i) as of the date Landlord would otherwise be required to provide the First Refusal Notice, Tenant is in default under this Lease, or (ii) as of the date Landlord would otherwise be required to provide the First Refusal Notice, Tenant has been in default, after expiration of any applicable notice or cure periods, more than twice. Notwithstanding anything set forth in this Lease to the contrary, in the event Landlord sells the 26707 Building separately from the Buildings, then, prior to the consummation of such sale, Landlord shall record a memorandum of Tenant’s right of first refusal on title of the 26707 Building.
Termination of First Refusal Right. The rights contained in this Section 1.4 shall be personal to the Original Tenant and may only be exercised by the Original Tenant, its Affiliate or its Permitted Assignee (and not any other assignee, subleasee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant, its Affiliate and/or its Permitted Assignee (i) is in occupancy of the entire then-existing Premises, or (ii) is in occupancy of no less than sixty percent (60%) of the then-existing Premises and retains the absolute right, and confirms in writing concurrently with its acceptance notice to Landlord, its intent to itself occupy the entire First Refusal Space throughout the term applicable to such First Refusal Space. The right to lease First Refusal Space as provided in this Section 1.4 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods) or Tenant has previously been in economic default under this Lease (beyond any applicable notice and cure periods) more than twice during the previous twelve (12) month period.
Termination of First Refusal Right. The rights contained in this Section 1.3 shall be personal to the Original Tenant and its “Permitted Transferees” as defined in Section 14.7, below (and not any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease). The right to lease First Refusal Space as provided in this Section 1.3 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or, at Landlord’s option, as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods).
Termination of First Refusal Right. The rights contained in this Section 3.2.3 shall be personal to the Original Tenant and its Permitted Affiliates (and not any other assignee, sublessee or other transferee of the Original Tenant’s interest in this Lease) if the Original Tenant and/or its Permitted Affiliate occupies at least sixty percent (60%) of the then existing Premises. The right to lease First Refusal Space as provided in this Section 3.2 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods) or Tenant has previously been in economic default under this Lease (beyond any applicable notice and cure periods) more than once during the previous twelve (12) month period.
Termination of First Refusal Right. The rights contained in this Section 1.6 shall be personal to Original Tenant, and may only be exercised by Original Tenant and its Permitted Assignees (and not by any assignee, sublessee, or other Transferee of Tenant’s interest in this Lease) if the Lease then remains in full force and effect and if Original Tenant occupies the entire Premises (i.e., the initial Premises and the Xxxxxx Expansion Space). Tenant shall not have the right to lease the Fremont ROFR Space as provided in this Section 1.6 if, as of the date of the attempted exercise of the right of first refusal by Tenant, or as of the scheduled date of delivery of the Fremont ROFR Space, Tenant is in monetary or material non-monetary default under this Lease. If Tenant does not exercise the right of first refusal set forth in this Section 1.6 prior to the expiration of the ROFR Period (whether or not Landlord has delivered a Fremont ROFR Notice), then Tenant’s right of first refusal shall automatically terminate and be of no further force or effect.
Termination of First Refusal Right. The rights contained in this Section 1.4 shall be personal to the Original Tenant and its Permitted Transferee (and not any other assignee, sublessee or other transferee of the Original Tenant's interest in this Lease) if the Original Tenant and/or its Permitted Assignee occupies at least sixty percent (60%) of the usable square footage of Building 3. The right to lease First Refusal Xxxxx xx xxxxxxxx xx xxxx Xxxxxxx 1.4 may not be exercised if, as of the date of the attempted exercise of the expansion option by Tenant, or as of the scheduled date of delivery of such First Refusal Space to Tenant, Tenant is in default under this Lease (beyond any applicable notice and cure periods) or Tenant has previously been in economic default under this Lease (beyond any applicable notice and cure periods) more than twice during the previous twelve (12) month period.
