Common use of Early Termination — Tenant Clause in Contracts

Early Termination — Tenant. (i) If, during any consecutive twelve (12) calendar month period after the Effective Date (the “Test Period”), the TLCF (defined on Exhibit “A-2” hereto) for the Leased Premises is less than ***, then Tenant shall have the right, to be exercised by written notice to Landlord at any time when the TLCF over the most current trailing twelve (12) month period was *** or within forty-five (45) days after such Test Period, to terminate the Lease as provided below in this Section; provided, however, that such notice and Tenant’s right to terminate the Lease as provided in this Section shall be void and ineffective unless Tenant shall have satisfied the Operating Condition (defined in Section 4 above) continuously throughout the Test Period. In order to be effective, Tenant’s notice to Landlord under this Section shall include a written certification to Landlord from Tenant’s chief financial officer or controller confirming that the TLCF for the Test Period is less than ***. Provided Tenant has satisfied the aforesaid conditions, then this Lease shall be terminated effective as of the date which is thirty (30) days after the termination notice.

Early Termination — Tenant. (i) If, during any consecutive twelve (12) calendar month period after the Effective Date (the “Test Period”), the TLCF (defined on Exhibit “A-2” hereto) for the Leased Premises is less than ***zero, then Tenant shall have the right, to be exercised by written notice to Landlord at any time when the TLCF over the most current trailing twelve (12) month period was *** negative or within forty-five (45) days after such Test Period, to terminate the Lease as provided below in this Section; provided, however, that such notice and Tenant’s right to terminate the Lease as provided in this Section shall be void and ineffective unless Tenant shall have satisfied the Operating Condition (defined in Section 4 above) continuously throughout the Test Period. In order to be effective, Tenant’s notice to Landlord under this Section shall include a written certification to Landlord from Tenant’s chief financial officer or controller confirming that the TLCF for the Test Period is less than ***zero. Provided Tenant has satisfied the aforesaid conditions, then this Lease shall be terminated effective as of the date which is thirty (30) days after the termination notice.