Examples of ROFO Election in a sentence
Further, thereafter, the Initiator shall (x) cease to have any rights to initiate a Buy-Sell pursuant to Section 9.1, (y) not under any circumstances be entitled to make a ROFO Election or ROFR Election and (z) cease to have any rights to initiate a Forced Sale pursuant to Section 9.2(a).
If the Recipient(s) fail to deliver a ROFO Election to the Initiator within the Election Period then the Recipient(s) shall conclusively be deemed to have elected to not purchase the Interest.
The closing of such ROFO Sale shall be held no later than sixty (60) days from the date the Recipient(s) deliver the ROFO Election (the “ROFO Closing Period”).
Any termination of any Other P&S Agreement, unless due to a ROFO Election, shall constitute a termination of this Agreement.
Notwithstanding the foregoing, if any Other P&S Agreement is terminated as a result of a ROFO Election, then this Agreement shall continue to remain in full force and effect.
If Optionee’s ROFO Election Notice is responsive to Third Party Terms and the terms set forth therein are equal to, or more favorable than the Third Party Terms, Optionor must accept Optionee’s ROFO Election Notice.
Optionee shall have fifteen (15) days after receipt of a Right of First Offer Notice from Optionor (an “Optionee Election Date”) to deliver a written notice to Optionor of its election to acquire the Subject Property (a “Optionee’s ROFO Election Notice”) for units of limited partnership of Optionee (“OP Units”) with a “Market Value” (as defined below) equal to the purchase price set forth in Optionee’s Election Notice or, if mutually agreed upon by the Optionee and Optionor, cash.
If Borrower does not timely make a ROFO Election or affirmatively waives its ROFO or if, after making a timely ROFO Election, Borrower fails to make the ROFO Prepayment within ten (10) Business Days of the ROFO Election, Lender shall be free to proceed to consummate the ROFO Transfer with respect to the Offered Interest to any Qualified Transferee including any Limited Transferee at a price not less than 97% of the ROFO Price.
At any time within the 45 day period (the “Asset ROFO Response Period”) commencing on the day the Blackstone Member sends the Asset ROFO Notice to the Glimcher Member, the Glimcher Member shall have the right to deliver written notice to the Blackstone Member either (A) electing to purchase the Offered Assets for the Asset ROFO Purchase Price (an “Asset ROFO Election Notice”), or (B) rejecting the offer contained in the Asset ROFO Notice (an “Asset ROFO Rejection Notice”).
If the Asset ROFO Notice covers both Properties (or both Property Owners), then the Glimcher Member’s Asset ROFO Election Notice must cover both Properties (or Property Owners).