Third Extension. In the event that the Company does not pay the Notes in full by April 24, 2008, the Maturity Date shall be extended to May 24, 2008, so long as the interest due as of April 24, 2008 is paid in full by the Company and the Company issues to each Purchaser a Warrant to purchase a number of shares of Common Stock equal to the quotient obtained by dividing (i) an amount equal to 6.25% of the outstanding principal amount of such Purchaser’s Note, less any amount of such Note prepaid by the Company prior to April 24, 2008, by (ii) an exercise price of $0.25. For example, if the principal amount of a Note is $500,000, then the Company shall issue to the Purchaser holding such Note an additional Warrant to purchase 250,000 shares of Common Stock (($500,000*0.0625)/$0.25).

Third Extension. Provided that the Borrowers shall have extended the First Extended Maturity Date in accordance with Section 2.16(b), at least ten (10) Business Days but not more than one hundred eighty (180) days prior to the Second Extended Maturity Date, the Borrowers, by written notice to the Administrative Agent, may request, with respect to the Advances then outstanding, a third extension of the Maturity Date. The Administrative Agent shall promptly notify each Lender of such request and the Second Extended Maturity Date shall, subject to the following conditions having been satisfied on or prior to the Second Extended Maturity Date, be extended to the Third Extended Maturity Date: (i) the Guarantors shall have executed a written consent to such extension in substantially the form attached hereto as Exhibit N, (ii) as of the date of such written notice from the Borrowers, the following statements shall be true and the Administrative Agent shall have received for the account of each Lender a certificate signed by a Responsible Officer of the Borrowers, dated as of such date, stating that: (1) the representations and warranties contained in Section 4.01 are true and correct in all material respects on and as of such date (except to the extent that such representations and warranties relate solely to an earlier date (in which case such representations and warranties shall have been true and correct in all material respects on and as of such earlier date), except to the extent modified by the actions of any Borrower or changes in facts and circumstances that in each case would not constitute a Default or Event of Default (and the parties agree that, in connection with the remaking of any such representations and warranties pursuant to this Section 2.16(c)(ii), any such representations and warranties that are qualified to knowledge shall continue to be qualified to knowledge in the same manner when so remade), and (2) no Event of Default has occurred and is continuing or would result from such extension, and (iii) the Borrowers shall have (A) obtained and delivered to the Administrative Agent not later than the Second Extended Maturity Date, one or more Replacement Interest Rate Cap Agreements from an Approved Counterparty, in a notional amount equal to the then Outstanding Principal Balance, which Replacement Interest Rate Cap Agreement(s) shall be (1) effective for the period commencing on the first day of the applicable extension period and ending on the last day of th...

Third Extension. The term of the Lease is extended and shall expire without further notice or demand on July 31, 2030. The portion of the term of Lease extended by this Third Extension is referred to as the "Third Extension". The term of the Lease before giving effect to this Third Extension (i.e. before the commencement of the Third Extension) is referred to as the "Original Term", or "First or Second Extension".

Third Extension. To exercise the third Extension Option, (i) Developer must have exercised the first and second Extension Options; and (ii) Developer must provide written notice to Owner prior to the then-applicable PDR Deadline, and with such notice pay to Owner Forty Thousand Dollars ($40,000) in cash as an extension fee to extend the PDR Deadline, which amount shall be fully earned by Owner upon receipt and shall not be applied to Rent under the Ground Lease. It shall be a condition to the exercise of the third Extension Option that Developer is then actively pursuing the finalization of the PDR Decision in good faith, and Developer shall continue to actively pursue a final PDR Decision in good faith throughout the third Extension Period.

Third Extension. The amendment providing for the Third Extension Year shall provide that (A) the annual license fee payable pursuant to Section in respect of the Third Extension Year through the remainder of the Term shall be the Reduced License Fee (and not the License Fee), (B) the guaranteed monthly payment payable pursuant to Section in respect of the Third Extension Year through the remainder of the Term shall be the Increased Guaranteed Monthly Payment (and not the Guaranteed Monthly Payment), (C) the percentage used to calculate (pursuant to Section ) the Management Fee payable with respect to the twelve-month period immediately prior to the Second Final Year shall be twenty-nine percent (29%), (D) the percentage used to calculate (pursuant to Section ) the Management Fee payable with respect to the Second Final Year shall be twenty-eight percent (28%), and (E) the percentage used to calculate (pursuant to Section ) the Management Fee payable with respect to the Final Year shall be twenty-seven percent (27%).

Third Extension. Additional five (5) year extension if at least the following additional amount of Development has been constructed, based on occupancy permits or certificates issued, (3rd Development Milestone) as of end of the Second Extension. For this Third Extension only, office built can be credited against the retail requirement (square foot for square foot). 20,000 400,000 2,700

Related to Third Extension

Modification, Extension The issuance of any supplement, modification, amendment, renewal, or extension to any Letter of Credit shall, for purposes hereof, be treated in all respects the same as the issuance of a new Letter of Credit hereunder.
Amendment; Extension; Waiver (a) This Agreement may be amended by the parties hereto at any time prior to the Offer Closing Time. At any time prior to the Offer Closing Time, the parties hereto may (i) extend the time for the performance of any of the obligations or other acts of the other parties hereto, (ii) waive any inaccuracies in the representations and warranties contained in this Agreement or in any document delivered pursuant to this Agreement or (iii) waive compliance with any of the agreements or conditions contained in this Agreement (subject to Section 2.01). This Agreement may not be amended or supplemented after the Offer Closing Time. (b) This Agreement may not be amended except by an instrument in writing signed on behalf of each of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver with respect to this Agreement shall be valid only if set forth in an instrument in writing signed on behalf of such party. The failure of any party hereto to assert any of its rights under this Agreement or otherwise shall not constitute a waiver of such rights.
Renewal, Extension The renewal or extension of any Letter of Credit shall, for purposes hereof, be treated in all respects the same as the issuance of a new Letter of Credit hereunder.
Amendment, Extension and Waiver Subject to applicable law, at any time prior to the consummation of the transactions contemplated by this Agreement, the parties may (a) amend this Agreement, (b) extend the time for the performance of any of the obligations or other acts of either party hereto, (c) waive any inaccuracies in the representations and warranties contained herein or in any document delivered pursuant hereto, or (d) waive compliance with any of the agreements or conditions contained in Articles V and VI hereof or otherwise; provided, however, that after any approval of the transactions contemplated by this Agreement by Innes Street's shareholders, there may not be, without further approval of such shareholders, any amendment of this Agreement which reduces the amount or changes the form of the consideration to be delivered to Innes Street shareholders hereunder other than as contemplated by this Agreement. This Agreement may not be amended except by an instrument in writing authorized by the respective Boards of Directors and signed, by duly authorized officers, on behalf of the parties hereto. Any agreement on the part of a party hereto to any extension or waiver shall be valid only if set forth in an instrument in writing signed by a duly authorized officer on behalf of such party, but such waiver or failure to insist on strict compliance with such obligation, covenant, agreement or condition shall not operate as a waiver of, or estoppel with respect to, any subsequent or other failure.
EXPIRATION DATE AND EXTENSION This Contract expires December 5, 2024, unless it is terminated sooner pursuant to Article XX of the General Terms and Conditions, which are incorporated into this Contract by reference. This Contract allows up to five additional one-year extensions upon the request of Sourcewell and written agreement with Contractor. Sourcewell retains the right to consider additional extensions beyond six years as required under exceptional circumstances.
Modification, Extension and Renewal of Options The Board or a duly appointed committee thereof, may modify, extend or renew this Option or accept the surrender thereof (to the extent not theretofore exercised) and authorize the granting of a new option in substitution therefore (to the extent not theretofore exercised), subject at all times to the Code and applicable securities laws. Notwithstanding the foregoing provisions of this Section 12, no modification shall, without the consent of the Recipient, alter to the Recipient’s detriment or impair any rights of Recipient hereunder.
Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency will provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or 2. To ensure that services to clients continue without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason and length of time for the extension. d. Grantee will provide and invoice for services in the same manner as stated in the Contract. e. An interim extension under Section (b)(1) above will extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above will be a one-time extension for time determined by the System Agency.
Contract Extension The City may, in its sole discretion, unilaterally exercise an option to extend the Contract as described in the Contract Documents. In addition, the City may, in its sole discretion, unilaterally extend the Contract on a month-to-month basis following contract expiration if authorized under Charter section 99 and the Contract Documents. Contractor shall not increase its pricing in excess of the percentage increase described in the Contract.
Notice of Issuance, Amendment, Extension, Reinstatement or Renewal To request the issuance of a Letter of Credit (or the amendment of the terms and conditions, extension of the terms and conditions, extension of the expiration date, or reinstatement of amounts paid, or renewal of an outstanding Letter of Credit), the Company shall deliver (or transmit by electronic communication, if arrangements for doing so have been approved by the L/C Issuer) to the L/C Issuer and to the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be a notice requesting the issuance of a Letter of Credit, or identifying the Letter of Credit to be amended, extended, reinstated or renewed, and specifying the date of issuance, amendment, extension, reinstatement or renewal (which shall be a Business Day), the date on which such Letter of Credit is to expire (which shall comply with clause (d) of this Section), the amount of such Letter of Credit, the name and address of the beneficiary thereof, the purpose and nature of the requested Letter of Credit and such other information as shall be necessary to prepare, amend, extend, reinstate or renew such Letter of Credit. If requested by the L/C Issuer, the Company also shall submit a letter of credit application and reimbursement agreement on the L/C Issuer’s standard form in connection with any request for a Letter of Credit. In the event of any inconsistency between the terms and conditions of this Agreement and the terms and conditions of any form of letter of credit application and reimbursement agreement or other agreement submitted by the Company to, or entered into by the Company with, the L/C Issuer relating to any Letter of Credit, the terms and conditions of this Agreement shall control.
Lease Extension Lessee may request Lessor to extend the original Scheduled Expiration Date of each Lease Agreement for an additional period of three (3) years by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit G(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the original Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant, in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement. Any failure by Lessor or any Participant so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the original Scheduled Expiration Date for the applicable Lease Agreement, Agent shall notify Lessee, Lessor and the Participants in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreement shall be deemed extended to the date which is three (3) years after the original Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for either Lease Agreement at any time.

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