Terms of Right Sample Clauses

Terms of Right. If at any time after the Date and during the Term, any space adjacent to the Premises or located on the first floor of the Building (the “ROFO Space”) becomes available or is becoming available for lease, Landlord will notify Tenant that such ROFO Space is available for lease or is becoming available, and such notice will set forth the terms upon which Landlord is willing to lease the ROFO Space to prospective tenants; provided, however, the terms shall include that base rent for such ROFO Space shall be at the “Market Rental Rate” (as that term is defined in Section 31.2 below) (the “Offer Notice”). The ROFO Space shall not be deemed available or becoming available for lease to the extent (i) that it is subject to any rights or options in favor of any other parties that are superior to Tenant’s with respect to the ROFO Space as of the Date, and/or (ii) the ROFO Space is subject to a then- existing lease and the tenant under such then-existing lease is negotiating a modification, amendment, extension or renewal thereof (provided that the ROFO Space will be deemed available if such negotiations are terminated). Provided that a Default does not then exist, and subject to the provisions of this Section 31, Tenant will have ten business days after the receipt of the Offer Notice in which to deliver a written notice to Landlord exercising Tenant’s right to lease all, but not less then all, of the ROFO Space subject to the applicable Offer Notice (the “ROFO Acceptance Notice”). If Tenant delivers the ROFO Acceptance Notice to Landlord within such ten business day period, then Landlord and Tenant will promptly amend this Lease to include the ROFO Space on the terms stated in the Offer Notice. If Tenant fails to deliver the ROFO Acceptance Notice within such ten business day period, Tenant will be deemed to have rejected the Offer Notice. If Tenant rejects or is deemed to have rejected the Offer Notice, Tenant’s right of first offer with respect to the ROFO Space which is the subject of the Offer Notice will terminate and be of no further force or effect, and Landlord will be free to lease any or all of the ROFO Space that is the subject of the Offer Notice to any prospective tenant at any time after the earlier of the date Tenant rejects the Offer Notice or the expiration of such ten business-day period. Notwithstanding the foregoing, Tenant’s right of first offer with respect to the ROFO Space will be deemed a continuing right, and Landlord shall re-offer previo...
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Terms of Right. If Landlord determines during the term of this Lease to sell the Land and receives an offer from a third party for the purchase of the Land acceptable to Landlord, it shall notify Tenant in writing (“Landlord’s Sale Notice”) of the purchase price and terms of sale offered by the third party. Tenant, within thirty (30) days after receipt of Landlord’s Sale Notice may elect in writing to purchase Landlord’s interest in the Land at the price and on the precise terms stated in Landlord’s Sale Notice, in which event Landlord shall sell and convey Landlord’s interest in the Land to Tenant on the terms and at the purchase price set forth in the Landlord’s Sale Notice. In the event Tenant fails to exercise this right of first refusal, to acquire Landlord’s interest in the Land, Landlord shall have the sole and exclusive right to sell and convey the Land to the third-party offeror at the price and on the terms stated in the Landlord’s Sale Notice. If Landlord does not sell and convey its interest in the Land within one hundred twenty (120) days after the time for closing set forth in the third party offer, any later sale by Landlord shall be deemed a new determination by Landlord to sell and convey its interest in the Land and these procedures should be repeated.
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Terms of Right. (i) Landlord and Tenant hereby acknowledge that the rentable space in the Building will be subdivided into separate suites (each a "Suite") and leased to multiple tenants. (ii) Tenant may exercise this Right of First Offer with respect to a Suite only if the leasehold rights of the tenant occupying such Suite shall have expired or terminated. (iii) Landlord shall notify Tenant as outlined in Section 6 (a), one hundred fifty (150) days in advance. Tenant then shall have ten (10) business days to notify Landlord that Tenant wishes to lease the Suite on substantially the same terms and conditions as this Lease, except that rent shall be determined by Landlord by reference to the market for space in the Building and also for space in comparable first-class office buildings in the Raleigh-Durham area. Thereafter, the parties shall enter into an amendment of this Lease to include the Suite as part of the Premises, which shall be conditioned in all respects upon the vacation of the Suite by its initial tenant. Tenant shall be conclusively deemed to have declined to lease the Suite if Tenant shall fail to notify Landlord of its intention to lease or decline the Suite within ten (10) business days after Landlord's notice of the availability of the Suite, whereupon Tenant's Right of First Offer shall be terminated with respect to such Suite without prejudice to any other Suite in the Building.
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Terms of Right 
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Related to Terms of Right

  • Amendment of Terms of Rights The terms of the Rights and the Rights Agreement may be amended in any respect without the consent of the Rights holders on or prior to the Distribution Date; thereafter, the terms of the Rights and the Rights Agreement may be amended without the consent of the Rights holders in order to cure any ambiguities or to make changes which do not adversely affect the interests of Rights holders (other than the Acquiring Person).

  • Xxxxx of Right In addition to the demand right of registration described in Section 5(a) hereof, the Holder shall have the right, for a period of no more than five years from the Effective Date in accordance with FINRA Rule 5110(f)(2)(G)(v), to include the Registrable Securities as part of any other registration of securities filed by the Company (other than in connection with a transaction contemplated by Rule 145(a) promulgated under the Securities Act or pursuant to Form S-8 or any equivalent form); provided, however, that if, solely in connection with any primary underwritten public offering for the account of the Company, the managing underwriter(s) thereof shall, in its reasonable discretion, impose a limitation on the number of shares of Common Stock which may be included in the Registration Statement because, in such underwriter(s)’ judgment, marketing or other factors dictate such limitation is necessary to facilitate public distribution, then the Company shall be obligated to include in such Registration Statement only such limited portion of the Registrable Securities with respect to which the Holder requested inclusion hereunder as the underwriter shall reasonably permit. Any exclusion of Registrable Securities shall be made pro rata among the Holders seeking to include Registrable Securities in proportion to the number of Registrable Securities sought to be included by such Holders; provided, however, that the Company shall not exclude any Registrable Securities unless the Company has first excluded all outstanding securities, the holders of which are not entitled to inclusion of such securities in such Registration Statement or are not entitled to pro rata inclusion with the Registrable Securities.

  • Form of Right Each Right shall be issued in registered form only, shall be in substantially the form of Exhibit A hereto, the provisions of which are incorporated herein and shall be signed by, or bear the facsimile signature of, the Chairman of the Board or Chief Executive Officer and Treasurer, Secretary or Assistant Secretary of the Company and shall bear a facsimile of the Company’s seal. In the event the person whose facsimile signature has been placed upon any Right shall have ceased to serve in the capacity in which such person signed the Right before such Right is issued, it may be issued with the same effect as if he or she had not ceased to be such at the date of issuance.

  • Duration of Rights If an Exchange Event does not occur within the time period set forth in the Company’s Amended and Restated Memorandum and Articles of Association, as the same may be amended from time to time, the Rights shall expire and shall be worthless.

  • Non-Waiver of Rights The omission by either party at any time to enforce any default or right reserved to it, or to require performance of any of the terms, covenants, or provisions hereof by the other party at the time designated, shall not be a waiver of any such default or right to which the party is entitled, nor shall it in any way affect the right of the party to enforce such provisions thereafter.

  • Expiration of Rights The Rights will expire on the earliest of (a) 5:00 p.m., New York City time, on December 30, 2021 (b) the time at which the Rights are redeemed (as described in Section 6 below), and (c) the time at which the Rights are exchanged in full (as described in Section 7 below).

  • Waiver of Rights No right conferred on either party under this Contract shall be deemed waived, and no breach of this Contract excused, unless such waiver is in writing and signed by the party claimed to have waived such right. Neither the State’s review, approval or acceptance of, nor payment for, the services required under this Contract shall be construed to operate as a waiver of any rights under this Contract or of any cause of action arising out of the performance of this Contract, and the Contractor shall be and remain liable to the State in accordance with applicable law for all damages to the State caused by the Contractor’s negligent performance of any of the services furnished under this Contract.

  • Annual Notification of Rights If the LEA has a policy of disclosing Education Records and/or Student Data under FERPA (34 CFR § 99.31(a)(1)), LEA shall include a specification of criteria for determining who constitutes a school official and what constitutes a legitimate educational interest in its annual notification of rights.

  • TERMS OF LICENSE The terms and conditions set forth in the Contract that are in effect and applicable to a Purchase Order at the time of order placement. kk. THIRD-PARTY SOFTWARE Any software that is developed independently of Contractor and which may be governed by a separate license.

  • Modification of Rights The rights of the Optionee are subject to modification and termination in certain events as provided in this Option Agreement and the Plan.

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