Second Option to Extend definition
Second Option to Extend means Borrower’s option, subject to the terms and conditions of Section 2.11, to extend the term of the Loan from the First Extended Maturity Date to the Second Extended Maturity Date.
Second Option to Extend shall have the meaning as set forth in Section 2.3.2.
Second Option to Extend. – means Borrower’s option, subject to the terms and conditions of Section 2.10, to extend the term of the Loan from the First Extended Maturity Date to the Second Extended Maturity Date.
Examples of Second Option to Extend in a sentence
In no circumstance shall the assignee under a complete or partial assignment of this Lease, or a subtenant under a sublease of all or any portion of the Premises, have the right to exercise the Second Option to Extend.
If this Lease, any term hereof or Lessee's right to possession of the Premises shall terminate in any manner whatsoever before Lessee exercises the Second Option to Extend, or if Lessee shall have subleased or assigned all or any portion of the Premises without Lessor's prior written consent, then immediately upon such termination, sublease or assignment, the Second Option to Extend shall simultaneously terminate and become null and void.
Lessee's exercise of the Second Option to Extend Term shall not operate to cure any default by Lessee of any of the terms or provisions in this Lease, nor to extinguish or impair any rights or remedies of Lessor arising by virtue of such default.
Except as modified by this Second Option to Extend, the terms and conditions of the Loan Documents shall remain in full force and effect, unmodified.
Tenant shall give Landlord written notice of Tenant's exercise of this Second Option to Extend not later than twelve months prior to the expiration date of the First Extended Term, in which event this Lease shall be extended for the Second Extended Term on all of the terms and conditions of this Lease, except that the Basic Rent shall be adjusted as set forth below and this Paragraph 45 shall be of no further force and effect and deemed deleted thereby.
More Definitions of Second Option to Extend
Second Option to Extend means the option to extend the First Mandatory Conversion Date pursuant to Section 3.7.
Second Option to Extend means the option to extend the Construction Loan as described in Section 2.7.
Second Option to Extend. At the end of the first option period, the Master Licensee shall have the option to extend the term of this Agreement for an additional three-year period, provided that the following conditions are satisfied.
Second Option to Extend. The Second extension option of Borrower pursuant to the terms and provisions of Section 19.2 herein.
Second Option to Extend. Tenant is given the option to extend the term on all the provisions contained in this Lease, except for minimum monthly rent, for a three [3] year period ("the second extended term") following expiration of the first extended term, by giving notice of exercise of the option ("the second option notice") to Landlord at least six [6] months but not more than one [one] year before the expiration of the first extended term, TIME BEING OF THE ESSENCE as to Landlord's receipt of the second option notice. Provided that, if Tenant is in default on the date of giving the second option notice, the second option notice shall be totally ineffective, or if Tenant is in default on the date the second extended term is to commence, the second extended term shall not commence and this Lease shall expire at the end of the first extended term. The monthly rent for the second extended term shall be fixed at ninety (90%) percent of the Fair Market Rental Value of the Demised Premises at the time of the expiration of the first extended term, but in no event shall the base monthly rental be less than the base monthly rental for the last month of the first extended term. The parties shall have fifteen (15) days after Landlord receives the second option notice in which to agree on minimum monthly rent during the second extended term. If the parties agree on the minimum monthly rent for the second extended term during that period, they shall immediately execute an amendment to this Lease stating the minimum monthly rent. If the parties are unable to agree on the minimum monthly rent for the second extended term within that period, then within fifteen [15] days after the expiration of that period, LANDLORD shall provide to TENANT a list of three (3) real estate appraisers, each with at least 5 years' full-time industrial appraiser experience in the Morris County, New Jersey area and licensed by the State of New Je▇▇▇▇. Within ten (10) days of TENANT receiving the list of appraisers, TENANT shall notify LANDLORD of TENANT's choice of appraiser. Failure by TENANT to notify LANDLORD within this period shall cancel this Second Option to Extend. Upon completion, the appraisal report shall be sent to TENANT and LANDLORD by certified mail, return receipt requested. Within ten (10) days of receiving the report, TENANT shall notify LANDLORD in writing of its intent to accept the Fair Market Rental Value rate determined by the appraiser. If TENANT accepts the appraisal rate and renews the Leas...
Second Option to Extend means Borrower’s option, subject to the terms and conditions of Section 2.16(b), to extend the term of this Agreement from the First Extended Maturity Date to the Second Extended Maturity Date. “Senior Notes” means collectively (i) the 2027 Senior Notes, (ii) the 2029 Senior Notes, (iii) the 2032 Senior Notes, (iv) the 2034 Senior Notes, (v) the 2035 Senior Notes, (vi) the 2037 Senior Notes, (vii) the 2052 Senior Notes, (viii) any extensions or renewals or replacements of the foregoing and (ix) any new senior notes issued pursuant to a Note Purchase Agreement after the Closing Date and permitted pursuant to Section 5.06(f), in each case, subject to the Refinancing Conditions. “Simple SOFR Adjustment” means a percentage equal to 0.10% per annum. “SOFR” means a rate per annum equal to the secured overnight financing rate as administered by the SOFR Administrator. “SOFR Administrator” means the Federal Reserve Bank of New York (or a successor administrator of the secured overnight financing rate). “SOFR Administrator’s Website” means the website of the Federal Reserve Bank of New York, currently at ▇▇▇▇://▇▇▇.▇▇▇▇▇▇▇▇▇▇.▇▇▇, or any successor source for the secured overnight financing rate identified as such by the SOFR Administrator from time to time. “SOFR Advance” means, with respect to any Advance, such Advance that shall bear interest at a rate based upon Adjusted Term SOFR (other than pursuant to clause (iii) of the definition of “Base Rate”), or the Term SOFR Reference Rate. A SOFR Advance is an Adjusted Term SOFR Advance if such SOFR Advance has an Interest Period described in subsection (1) of the definition of “Interest Period”. A SOFR Advance is a Term SOFR Index Rate Advance if such SOFR Advance has an Interest Period described in subsection (2) of the definition of “Interest Period”. “SOFR Borrowing” means a Borrowing consisting of SOFR Advances made to the Borrower, other than pursuant to clause (iii) of the definition of “Base Rate”. “Stockholders’ Equity” means at any time, the shareholders’ and other interest owners’ equity of the Borrower and its Consolidated Subsidiaries, as set forth or reflected on the most recent consolidated balance sheet of the Borrower and its Consolidated Subsidiaries prepared in accordance with GAAP, but excluding any Redeemable Preferred Securities of the Borrower of any of its respective Consolidated Subsidiaries. Shareholders’ and other interest owners’ equity generally would include, but not be limited to, (i) th...
Second Option to Extend has the meaning set forth in Section 10.3(d).