Acceleration Option Clause Samples
Acceleration Option. 9.1 Tenant shall have the right (the “Acceleration Option”) to accelerate the Extended Termination Date, with respect to the entire Expansion Space only, from September 30, 2014, to the day that is thirty (30) days after the date of Tenant’s Acceleration Notice (defined below) (the “Accelerated Expiration Date”) (the “Acceleration”) if:
A. Tenant delivers to Landlord, no later than the date that is six (6) months after the date of this Amendment, a written notice (the “Acceleration Notice”) exercising the Acceleration Option;
B. Tenant is not in default under the Lease when Tenant delivers the Acceleration Notice to Landlord;
C. No part of the Expansion Space is sublet past the Accelerated Expiration Date when Tenant delivers the Acceleration Notice to Landlord;
D. The Lease has not been assigned before Tenant delivers the Acceleration Notice to Landlord; and
E. The Acceleration Conditions (defined in Section 9.7 below) exist as of the date Tenant delivers its Acceleration Notice, and Tenant’s Acceleration Notice includes documentation thereof reasonably satisfactory to Landlord thereof.
9.2 If Tenant validly exercises the Acceleration Option, then (i) notwithstanding any contrary provision of the Lease, but subject to the terms of this Section 9, the term of the Lease shall expire, with respect to the entire Expansion Space only (but not with respect to any other portion of the Premises then leased by Tenant under the Lease), on the Accelerated Expiration Date with the same force and effect as if such term were, by the provisions of the Lease, fixed to expire on the Accelerated Expiration Date; and (ii) without limiting the foregoing:
A. The portions of the Base Rent schedules set forth in Section 5 of this Amendment that apply during the period following the Accelerated Expiration Date shall be deleted from this Amendment; and
B. Tenant shall surrender the Expansion Space to Landlord in accordance with the terms of the Lease on or before the Accelerated Expiration Date; and
C. Tenant shall remain liable for all rent (including, without limitation, monthly Base Rent and Property Expenses) and other amounts payable under the Lease for the period up to and to and including the Accelerated Expiration Date, even though ▇▇▇▇▇▇▇▇ for such amounts may occur after the Accelerated Expiration Date; and
D. Tenant’s restoration obligations shall be as set forth in the Lease; and
E. If Tenant fails to surrender any portion of the Expansion Space on or before the Accel...
Acceleration Option. If all or any part of the Property or an interest therein is sold, transferred, encumbered or otherwise disposed of by Grantor without Beneficiary’s prior written consent, Beneficiary may, at Beneficiary’s option, declare all of the obligations to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by the Deed of Trust and Security Agreement shall be at such rate as Beneficiary shall request and the party assuming the obligations meets the criteria set out in Title XI for all borrowers. Regardless of any assumption or transfer of the Property and/or the obligations arising under the Deed of Trust and Security Agreement, Grantor will not be released from any obligation to Beneficiary until the entire debt and all sums associated therewith are paid in full. If Beneficiary exercises such option to accelerate, Beneficiary shall mail Grantor notice of acceleration. Such notice shall provide a period of not less than 30 days from the date of notice is mailed within which Grantor may pay the sums ordered due. If Grantor fails to pay such sums prior to the expiration of such period, Beneficiary may, without further notice or demand on Grantor, invoke any remedies permitted by this Deed of Trust and Security Agreement, or any other security document associated with this transaction.
Acceleration Option. The Lessor shall have the option, exercisable upon at least one month's written notice, such notice to expire at any time on or after 14 January 2015, to terminate the leasing of the Haewene Brim Equipment under this Agreement.
Acceleration Option. If all or any part of the Property or an interest therein is sold, transferred, encumbered or otherwise disposed of by Grantor without Beneficiary's prior written consent, Beneficiary may, at Beneficiary's option, declare all of the obligations to be immediately due and payable. Beneficiary shall have waived such option to accelerate if, prior to the sale or transfer, Beneficiary and the person to whom the Property is to be sold or transferred reach agreement in writing that the credit of such person is satisfactory to Beneficiary and that the interest payable on the sums secured by the Deed of Trust and Security Agreement shall be at such rate as Beneficiary shall request and the party assuming the obligations meets the criteria set out in Title XI for all borrowers. Regardless of any assumption or transfer of the Property and/or the obligations arising under the Deed of Trust and Security Agreement, Grantor will not be released from any obligation to Beneficiary until the entire debt and all sums associated therewith are paid
Acceleration Option. The terms and conditions set forth in Section 4., "Acceleration Option" of EXHIBIT F, "ADDITIONAL PROVISIONS" of the Original Lease shall apply to the Original Premises as increased by the Suite 2020 Expansion Space; provided that the Acceleration Fee shall be calculated separately with respect to the Suite 2020 Expansion Space based on the concessions granted for, and length of term applicable to, such space.
Acceleration Option. Acceleration: Anything herein contained to the contrary not withstanding, Molycorp shall have the unrestricted right, for any reason or no reason, and in its sole discretion, to accelerate the Settlement Date with respect to all or any portion of the Product at any time, without penalty.
Acceleration Option. For the avoidance of doubt, Section 4 of Exhibit F to the Lease shall continue in effect in accordance with its terms; provided, however, that notwithstanding any contrary provision of the Lease, (a) Section 4 of Exhibit F to the Lease shall not apply to the Expansion Space, and (b) after the Accelerated Expiration Date, if any, the last sentence of Section. 1.9 of the Lease (as amended by Section 10.3.A above), shall be amended by (i) replacing each occurrence therein of the number “166” with the number “71”, and (ii) replacing each occurrence therein of the number “160” with the number “65”.
Acceleration Option of the Original Lease (Termination Rights) is hereby deleted in its entirety and of no further force and effect. Tenant shall have the right to accelerate the Extended Termination Date (“Acceleration Option”), with respect to the entire Premises only, from October 31, 2026 to October 31, 2023 (the “Accelerated Termination Date”), if: (i) there is no default by Tenant under this Lease of which Landlord has delivered notice to Tenant at the date Tenant provides Landlord with an Acceleration Notice (hereinafter defined); provided, however, that if there is such a default and Tenant subsequently cures the default within the applicable cure period provided for in the Lease, as amended hereby, then Tenant shall be entitled to re-submit the Acceleration Notice and, provided all other conditions of this Section 16.1 are satisfied, exercise the Acceleration Option; and (ii) no part of the Premises is sublet for a term extending past the Accelerated Termination Date unless the same by its terms terminates on or before the Accelerated Termination Date upon the exercise of the Acceleration Option; and (iii) the Lease has not been assigned (except to an Affiliate Transferee); and (iv) Landlord receives notice of acceleration (“Acceleration Notice”) not less than twelve (12) full calendar months prior to the Accelerated Termination Date.
Acceleration Option. Upon the satisfaction of the Acceleration Expiration Conditions, the Company may, at the option of its Board of Directors at any time following the Final Closing accelerate all (but not less than all) of the Warrants by delivering to each Holder an Acceleration Notice (as hereafter defined).
Acceleration Option. (i) NWA Corp. shall have the option, at any time and from time to time after the Initial Closing Date and on prior written notice to KLM, to accelerate, either in whole or in part in the manner specified in the next sentence, the purchase of Shares that would otherwise occur on subsequent Closing Dates so that the accelerated purchase will occur on a date (the "ACCELERATION DATE") specified in such notice (such date to be at least 30 days after the date the notice is provided to KLM), at which date the purchase and sale of the Shares whose purchase and sale is being accelerated as designated in the notice referred to above shall be effected at the applicable Per Share Prices specified in Section 2.1, as adjusted in accordance with Section 2.1(e). If NWA Corp. elects to accelerate pursuant to this Section 2.1(g) the purchase of only part of the Shares remaining to be purchased, it may do so only by accelerating the purchase of all of the Shares scheduled to be purchased on the Third Closing Date and (if the Second Closing Date has not yet occurred) the Second Closing Date, in which event the Fourth Closing Date will be accelerated to occur one year after the Acceleration Date. Following any such acceleration option, the provisions of Sections 2.2 and 2.3 shall continue in effect as though no accelerated purchase and sale had occurred, as follows:
(a) To the extent an adjustment would otherwise be required pursuant to Section 2.2 with respect to Shares whose purchase has already occurred on an accelerated basis pursuant to this Section 2.1(g), on the date (the "TRANSACTION ACCELERATED DATE") to which such subsequent Closing Date would have otherwise been accelerated pursuant to Section 2.2(e) or consideration would otherwise be received by KLM pursuant to Section 2.2(f), NWA Corp. will make a payment to KLM equal to the product of (A) the number of Shares whose purchase would have otherwise been accelerated to the Transaction Accelerated Date but for an earlier acceleration pursuant to Section 2.1(g), times (B) the excess, if any, of (x) the Transactional Value Per Share over (y) the regularly scheduled Per Share Price at which such Shares would have been purchased pursuant to Section 2.1(a) through (d) at the regularly scheduled subsequent Closing Date without giving effect to such acceleration.
(b) To the extent an adjustment would otherwise be required pursuant to Section 2.3 with respect to Shares whose purchase has already occurred on an accelerated bas...