Examples of ROFR Right in a sentence
To the extent the non-transferring Member desires to exercise the ROFR Right, it shall, within fifteen (15) Business Days of the receipt of the Sale Notice, deliver a notice to the Transferring Member setting forth the amount of Offered Interest it proposes to purchase on the terms and conditions set forth in the Sale Notice (such notice, the “Election Notice”).
A foreclosure sale by such lender shall not be a sale to which the ROFR Right shall be applicable, and upon any such foreclosure sale the ROFR Right shall terminate automatically and be of no further force or effect notwithstanding the existence of, or any term contained in, any non-disturbance agreement from such ROFR Asset Owner’s lenders.
It is the intention of the Parties that the ROFR Right be subordinate to any mortgage presently encumbering the ROFR Assets.
In clarification of the foregoing, after any such foreclosure sale, the ROFR Right shall never apply.
Tenant’s ROFR Right is subject to the condition that on the date that Tenant delivers its notice exercising its ROFR Right, no Event of Default exists (other than a Non-Material Event of Default).