Common use of Extension Option Clause in Contracts

Extension Option. Subtenant shall have the right (the “Extension Right”) to extend the Term of this Sublease for a single additional period of three (3) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Term, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion of the Subleased Premises shall be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is in default under any provision of this Sublease, (ii) if Subtenant has been in default under any provision of this Sublease two (2) or more times, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are cured.

Appears in 2 contracts

Samples: Sublease (Verve Therapeutics, Inc.), Sublease (Verve Therapeutics, Inc.)

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Extension Option. Subtenant Tenant shall have the right (the “Extension Right”) option to extend the Term of this Sublease the Lease for a single one (1) additional period of three five (35) months years (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) ), by giving Sublandlord written notice of its election given to exercise the Extension Right Landlord at least eight twelve (8) 12) months prior to before the Expiration Date scheduled expiration of the initial Term and not earlier than eighteen (18) months before the scheduled expiration of the initial Term, which notice, once given, on the terms set forth below (the “Extension Option”). Tenant’s notice exercising the Extension Option must be unconditional and irrevocable in order to be effective. Failure to timely deliver Tenant’s notice exercising the Extension Option shall constitute Tenant’s waiver of the Extension Option. Tenant’s lease of the Leased Premises during the Extension Term shall be irrevocableon all of the terms and conditions of this Lease in effect on the last day of the expiring Term, except that Net Rent during the Extension Term shall be the Fair Market Net Rent as determined hereunder. Tenant shall have no option to extend the Term beyond the end of the Extension Term. Any dispute over Fair Market Net Rent shall be resolved in accordance with Article 7. All references in this Lease to “Term” shall mean the initial Term as extended by any Extension Term. For any part of the Extension Term during which the Net Rent is in dispute hereunder, Tenant shall make payment on account of Net Rent at the rate estimated by Landlord, and the parties shall adjust for any overpayments or underpayments upon the issuance of the arbitrators’ decision. The failure by the parties to complete the process contemplated under this Section 9.01 prior to commencement of the Extension Term shall not affect the continuation of the Term or the parties’ obligation to make any adjustments for any overpayments or underpayments for the Net Rent due for the Extension Term promptly after the determination thereof is made. If Subtenant timely elects to Tenant shall exercise such right to the Sublease Extension Option in accordance with this Section 9.01, the provisions of this Section shall be self-operative, but upon request by either party after determination of the Net Rent for the Extension Term, the Sublease parties shall execute an agreement specifying the Net Rent for the Extension Term shall commence on and acknowledging the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion extension of the Subleased Premises shall be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this SubleaseTerm. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is in default under any provision of this SubleaseSection to the contrary, Tenant’s option to extend the Term shall be void, at Landlord’s election, if (iii) if Subtenant has been Tenant is in default under hereunder, after any provision of this Sublease two (2) or more timesapplicable notice and cure periods have expired, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of Tenant elects to extend the exercise of the Extension Right and Term or at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after Term would expire but for such exercise, but prior to the commencement date of the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Subleaseextension, or (ii) Subtenant any Transfer under Section 4.06 has defaulted two (2occurred on or before either such time, other than a Permitted Transfer or sublease(s) or more times during the period from the date covering less than half of the exercise of Leased Premises in the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are curedaggregate.

Appears in 2 contracts

Samples: Lease (Rhythm Pharmaceuticals, Inc.), Lease (Rhythm Pharmaceuticals, Inc.)

Extension Option. Subtenant shall have On the right (Option Date, the “Extension Right”) Borrower, with the prior written consent of the SuperMajority Lenders and so long as there exists no Default or Event of Default, may elect to extend the Term maturity of this Sublease the Working Line Loan for a single an additional 364 day period of three (3) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise until the Extension Right at least eight (8) months Final Maturity. Such election must be made no sooner than 60 days prior to the Expiration Option Date and no later than 3 days prior to the Option Date by written notice in accordance with the terms of Section 11.02 hereof to each Lender of its request to extend the final maturity of the initial TermWorking Line Loan. Each Lender shall, which no later than 10 Business Days after receipt of such notice, once given, give written notice to the Borrower and the Administrative Agent of its approval or disapproval of such extension. Any Lender failing to give such notice shall be irrevocable. If Subtenant timely elects deemed to exercise have approved such right to extension; but, upon the Sublease Extension TermOption Date, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion of the Subleased Premises its Working Line Specified Percentage shall be payable at a rate equal to 103% of the rate in effect with respect to zero and such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and Lender shall not be assignable without Sublandlord’s and Prime Lessor’s participating in the Working Line Loan thereafter. Notwithstanding anything herein to the contrary, no Lender shall be obligated to consent in their respective sole discretion, except that it may (subject to obtaining such extension. If the Borrower fails to receive the consent of Prime Lessor Lenders having Working Line Specified Percentages totaling 100%, then, if SuperMajority Lenders have consented to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right such extension (i) during any period only those consenting Lenders will have Working Line Specified Percentages in excess of time that Subtenant is in default under any provision of this Subleasezero, (ii) if Subtenant has been in default under any provision subject to the terms of this Sublease two (2) or more timesSection 2.18 hereof, whether or not the defaults are cured, during Working Line Commitment shall be reduced by a dollar amount equal to the last year product of the initial Term of this Subleasenon-consenting Lenders' Working Line Specified Percentages times the Working Line Commitment in effect on the day before the Option Date, or (iii) if Subtenant is not subject to the terms of Section 2.18 hereof, the Administrative Agent will notify each Lender of its reallocated Working Line Specified Percentage, the new Working Line Commitment and the reallocated Total Specified Percentage, (iv) the Borrower will pay all Consequential Costs incurred as a result of any such reallocation of Working Line Specified Percentages, (v) subject to the terms of Section 2.18 hereof, the Borrower shall repay in occupancy of at least eighty percent (80%) full all portions of the entire Subleased Premises both at Obligations representing such non-consenting Lenders' Working Line Specified Percentages of all outstanding Working Line Advances to such non- consenting Lenders, (vi) the time Borrower shall execute and deliver new promissory notes to each extending Lender in the form required by the Administrative Agent and (vii) subject to satisfaction of each of the exercise of foregoing requirements, the Working Line Loan final maturity shall be automatically extended on the Option Date to the Extension Right and at Final Maturity. If the time Borrower receives the consent of Lenders having Working Line Specified Percentages totaling 100%, then the commencement date of Working Line Loan final maturity shall be automatically extended on the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of Option Date to the Extension RightFinal Maturity, if after such exercise, but prior to and each Lender will retain its Working Line Specified Percentage and the commencement date of Working Line Commitment shall remain the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are curedsame.

Appears in 1 contract

Samples: Credit Agreement (Qwest Communications International Inc)

Extension Option. Subtenant Provided that Tenant is in compliance with all the terms and conditions of this Lease or not in default beyond any applicable cure period both at the time of Tenant's exercise of this option and at the time the Option Term is scheduled to commence, Tenant shall have the right (the “Extension Right”option("Option") to extend the Term term of this Sublease Lease for a single two (2) additional period periods of three five (35) months years (the “Sublease Extension "Option Term") on the same terms and conditions of this Lease as are provided for in the initial Term, except as provided below in this Sublease (other than Base Rent) by giving Sublandlord written notice Section 3.2 or in Section 3.3 and without any free rent periods or Tenant Improvement allowances. The Option Term shall commence upon the date of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date expiration of the initial Term, which noticeor first option term, once givenof this Lease. To exercise its Option, Tenant must give written notice to Landlord that Tenant is exercising its Option at least six (6) months before the date of expiration of the initial Term, or first option term. If, in Landlord's reasonable discretion, Landlord determines that the creditworthiness of Tenant is materially less than the creditworthiness of Tenant as of the Lease's execution date, Landlord may nullify Tenant's exercise of its Option by written notice to Tenant. Tenant acknowledges and agrees that notwithstanding anything to the contrary in this Lease, the right to exercise the Option shall not extend to any assignee or subtenant of Tenant, or to any space assigned or subleased by Tenant, and any attempt to exercise the Option by any such assignee or subtenant, or by Tenant in connection with such assigned or subleased space, shall be irrevocabledeemed null and void. If Subtenant timely elects Tenant further acknowledges and agrees that the amount of the Security Deposit payable by Tenant for the Option Term shall be increased to exercise such right an amount equal to the Sublease Extension Term, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base first monthly installment of Fixed Rent for each portion of the Subleased Premises shall be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is in default under any provision of this Sublease, (ii) if Subtenant has been in default under any provision of this Sublease two (2) or more times, whether or not the defaults are cured, by Tenant during the last year of the initial Term of this Sublease, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Option Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are cured.

Appears in 1 contract

Samples: Office Lease Agreement (Exodus Communications Inc)

Extension Option. Subtenant Tenant shall have the right option (the “Extension RightOption”) to extend the Term of this Sublease Lease for a single an additional period of three one (31) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Termyear, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence commencing on the day immediately following the initial originally scheduled Expiration Date and expiring on the first (1st) anniversary of the originally scheduled Expiration Date, with such Extension Option to be exercised by Tenant delivering to Landlord written notice thereof not less than eight (8) months and not more than fifteen (15) months prior to the originally scheduled Expiration Date. During Tenant’s right to exercise its Extension Option is conditioned upon (a) no Default of Tenant shall exist as of the Sublease date of exercise or the date the Extension TermTerm is to commence, Base Rent for each (b) this Lease being in full force and effect, and (c) the originally named Tenant having continuously occupied the entire Premises from the Term Commencement Date through the date of its exercise of such Extension Option and through the date on which the Extension Term is to commence. If Tenant exercises its Extension Option, then the portion of the Subleased Premises Term including and preceding the originally scheduled Expiration Date shall be payable at a rate equal referred to 103% of as the rate in effect with respect to such “Initial Term,” and the portion of the Subleased Premised on Term after the initial originally scheduled Expiration Date. Date shall be referred to as the “Extension Term.” The Extension Right is personal to Subtenant Term shall be upon all the same terms, covenants and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretionconditions as the Initial Term, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is as to Basic Rent, which shall be determined as set forth in default under any provision of this SubleaseSection 1.1, (ii) if Subtenant has been that Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in default under any provision of this Sublease two (2) or more timeswriting by Landlord, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is Tenant shall be required to maintain the security as described in ARTICLE 18, (iv) Tenant shall not in occupancy be entitled to any period of at least eighty percent (80%) of “free rent” for the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, (iv) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease there shall be no landlord contribution for tenant improvements in connection with such Extension Term, whether or not such defaults are curedand (vi) Landlord shall be under no obligation to perform any improvements to the Premises, unless otherwise agreed to in writing between Landlord and Tenant.

Appears in 1 contract

Samples: Lease (Chiasma, Inc)

Extension Option. Subtenant So long as there exists no default beyond any applicable notice and cure periods, either at the time of exercise or on the first day of the Extension Term (as hereinafter defined) and Tenant has not assigned this Lease nor sublet the Premises in whole or in part, Tenant shall have the right option to extend the Term for one (1) additional five (5) year period (the “Extension RightTerm”) upon written notice to Landlord given not less than twelve (12) months and not more than fifteen (15) months prior to the expiration of the Term. If Tenant fails to exercise its option to extend the Term of strictly within the time period set forth in this Sublease for a single additional period of three (3) months (section, then Tenant's option to extend the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Term, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion of the Subleased Premises shall be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is in default under any provision of this Sublease, (ii) if Subtenant has been in default under any provision of this Sublease two (2) or more times, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate automatically lapse and be of no further force or effect. In the event that Tenant exercises the option granted hereunder, the Extension Term shall be upon the same terms and conditions as are in effect even under this Lease immediately preceding the commencement of such Extension Term except that the Base Rent due from the Tenant shall be increased to Landlord's determination of Base Rent as provided herein, and Tenant shall have no further right or option to extend the Term or to any abatements, improvement allowance or other inducements. If Tenant timely exercises its option to extend the Term, then no later than thirty (30) days following receipt of Tenant's notice, Landlord shall notify Tenant in writing of Landlord's determination of the Base Rent for the Extension Term (“Landlord's Rental Notice”). If Tenant does not object to Landlord's determination of the Base Rent by written notice to Landlord within twenty (20) days after Subtenant’s due the date of Landlord's Rental Notice, then Tenant shall be deemed to have accepted the Base Rent set forth in Landlord's Rental Notice. If Tenant timely objects to Landlord's Rental Notice, and timely exercise the parties cannot agree on Base Rent for the Extension Term within thirty (30) days after Landlord receives Tenant's notice of objection, then the Term shall automatically be extended and Base Rent for the Extension Term shall be submitted to arbitration as follows: Base Rent shall be determined by impartial arbitrators (who shall be qualified real estate appraisers or brokers with at least ten (10) years of experience dealing with like types of properties in the market area), one to be chosen by the Landlord, one to be chosen by Tenant, and a third to be selected, if necessary, as below provided, and shall reflect the greater of (i) the rate that would be agreed upon between a landlord and a tenant on or about the date on which the Extension Term is to begin for a comparable term and for space comparable to the Premises in the Building and buildings comparable to the Building in the market area, taking into account any material economic differences between the terms of this Lease and any comparison lease, such as the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses and taxes and (ii) the Base Rent payable during the last month of the current Term. The unanimous written decision of the two first chosen (without selection and participation of a third arbitrator), or otherwise the written decision of a majority of three arbitrators chosen and selected as aforesaid, shall be conclusive and binding upon Landlord and Tenant. Landlord and Tenant shall each notify the other of its chosen arbitrator within ten (10) days following the call for arbitration and, unless such two arbitrators shall have reached a unanimous decision within thirty (30) days after their designation, they shall select an impartial third arbitrator to determine the market value as herein defined. Such third arbitrator and the first two chosen shall render their decision within thirty (30) days following the date of appointment of the third arbitrator and shall notify Landlord and Tenant thereof, which decision shall be final and binding on the parties. Landlord and Tenant shall each pay the expenses of its own arbitrator and shall share the payment of expenses of the third arbitrator equally, regardless of the outcome of arbitration. If the dispute between the parties as to the Base Rent for the Extension Term has not been resolved before the commencement of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, Tenant shall pay Base Rent for the Extension Term based upon the Base Rent designated by Landlord in the Landlord's Rental Notice until either (i) Subtenant fails agreement of the parties as to timely cure any default by Subtenant under this Subleasethe fair market rent, or (ii) Subtenant has defaulted two (2) or more times during the period from the date decision of the exercise arbitrators, as the case may be, at which time Tenant shall promptly pay any underpayment of Base Rent to Landlord, or Landlord shall credit the Extension Right overpayment of Base Rent against the next installment of rental or other charges due to the date of the commencement of the Sublease Extension Term, whether or not such defaults are cured.Landlord. Exhibit B EXHIBIT C

Appears in 1 contract

Samples: By And (Abiomed Inc)

Extension Option. Subtenant Tenant shall have the right option (the each, an “Extension RightOption”) to extend the Term of this Sublease Lease for a single two (2) additional period periods of three five (35) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Termyears each, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence commencing on the day immediately following the initial originally scheduled Expiration Date or the last day of the First Extension Term, as the case may be, and expiring on the fifth (5th) anniversary of the originally scheduled Expiration Date or of the First Extension Term, as the case may be, with such Extension Option to be exercised by Tenant delivering to Landlord written notice thereof not less than twelve (12) months and not more than fifteen (15) months prior to the originally scheduled Expiration Date. During Tenant’s right to exercise its Extension Option is conditioned upon (a) no Default of Tenant having occurred on or before the Sublease date of exercise or the date the Extension TermTerm is to commence, Base Rent for each and (b) this Lease being in full force and effect. If Tenant exercises an Extension Option, then the portion of the Subleased Premises Term including and preceding the originally scheduled Expiration Date shall be payable at a rate equal referred to 103% of as the rate in effect with respect to such “Initial Term,” and the portion of the Subleased Premised on Term after the initial originally scheduled Expiration Date. Date shall be referred to as an “Extension Term.” The Extension Right is personal to Subtenant Term shall be upon all the same terms, covenants and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretionconditions as the Initial Term, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is as to Basic Rent, which shall be determined as set forth in default under any provision of this SubleaseExhibit F, (ii) if Subtenant has been that Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in default under any provision of this Sublease two (2) or more timeswriting by Landlord, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is Tenant shall not in occupancy be entitled to any period of at least eighty percent (80%) of the entire Subleased Premises both at the time of the exercise of “free rent” for the Extension Right Term unless otherwise negotiated pursuant to Exhibit F, (iv) there shall be no landlord contribution for tenant improvements in connection with such Extension Term unless otherwise negotiated pursuant to Exhibit F, and at the time of the commencement date of the Sublease Extension Term. The Extension Right (v) Landlord shall terminate and be of under no further force obligation to perform any improvements or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior related work to the commencement date of Premises unless otherwise agreed to as between the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are curedparties.

Appears in 1 contract

Samples: Lease (Deciphera Pharmaceuticals, Inc.)

Extension Option. Subtenant Tenant shall have the right option (the “Extension RightOption”) to extend the Term of this Sublease Lease for a single an additional period of three five (35) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Termyears, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence commencing on the day immediately following the initial originally scheduled Expiration Date and expiring on the fifth (5th) anniversary of the originally scheduled Expiration Date, with such Extension Option to be exercised by Tenant delivering to Landlord written notice thereof not less than twelve (12) months and not more than fifteen (15) months prior to the originally scheduled Expiration Date. During Tenant’s right to exercise its Extension Option is conditioned upon (a) no Default of Tenant existing on or before the Sublease date of exercise or the date the Extension TermTerm is to commence, Base Rent for each (b) this Lease being in full force and effect, and (c) the Tenant as originally named in this Lease and/or a Permitted Transferee having continuously occupied the entire Premises from the Term Commencement Date through the date of its exercise of such Extension Option and through the date on which the Extension Term is to commence. If Tenant exercises its Extension Option, then the portion of the Subleased Premises Term including and preceding the originally scheduled Expiration Date shall be payable at a rate equal referred to 103% of as the rate in effect with respect to such “Initial Term,” and the portion of the Subleased Premised on Term after the initial originally scheduled Expiration Date. Date shall he referred to as the “Extension Term.” The Extension Right is personal to Subtenant Term shall be upon all the same terms, covenants and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretionconditions as the Initial Term, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is as to Basic Rent, which shall be determined as set forth in default under any provision of this SubleaseSection 1.1, (ii) if Subtenant has been that Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in default under any provision of this Sublease two (2) or more timeswriting by Landlord, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or and (iii) if Subtenant is not Tenant shall be required to provide security as described in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are curedARTICLE 18.

Appears in 1 contract

Samples: Lease (Apellis Pharmaceuticals, Inc.)

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Extension Option. Subtenant Provided that Lessee has not assigned this Lease or sublet any or all of the Premises (it being intended that all rights pursuant to this paragraph are and shall be personal to the original Lessee under this Lease and only while the original Lessee is in full possession of the Premises and, if requested by Lessor, with Lessee certifying that Lessee has no intention of thereafter assigning or subletting, and that all rights pursuant to this provision shall not be transferable or exercisable for the benefit of any Transferee), and provided Lessee is not in default under this Lease at the time of exercise or at any time thereafter until the beginning of any such extension of the Term, Lessee shall have the right option (the "Extension Right”Option") to extend the Term of this Sublease for a single additional period of three (3) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Term, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion of the Subleased Premises shall be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is in default under any provision of this Sublease, (ii) if Subtenant has been in default under any provision of this Sublease two (2) additional consecutive periods of five (5) years (each an "Extension Period"), by giving written notice to Lessor of the exercise of any such Extension Option at least twelve (12) months, but not more than fifteen (15) months, prior to the expiration of the initial Term or more timesthe first Extension Period (as the case may be). The exercise of the Extension Option by Lessee shall be irrevocable and shall cover the entire Premises leased by Lessee pursuant to this Lease. Upon such exercise, whether the term of the Lease shall automatically be extended for an Extension Period without the execution of any further instrument by the parties; provided that Lessor and Lessee shall, if requested by either party, execute and acknowledge an instrument confirming the exercise of the Extension Option. The Extension Option shall terminate if not exercised precisely in the manner provided herein. The extension of the Term shall be upon all the terms and conditions set forth in this Lease and all Exhibits thereto, except that: (i) Lessee shall have no further option to extend the Term of the Lease, other than as specifically set forth herein; (ii) Lessor shall not be obligated to contribute funds toward the cost of any remodeling, renovation, alteration or not improvement work in the defaults are cured, Premises; (iii) the Base Rent for the first Extension Period shall be the then monthly Base Rent in effect during the last year of the initial Term Initial Term, subject to annual adjustment pursuant to Paragraph 4.3 of this SubleaseLease; and (iv) the Base Rent for the second Extension, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) exercised, shall be the then prevailing fair market rental value of the entire Subleased Premises both at the time Premises. The term of this Lease, whether consisting of the exercise Initial Term alone or the Initial Term as extended by one or both of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of Periods (if the Extension RightOption is exercised), if after such exercise, but prior is referred to in this Lease as the commencement date of the Sublease Extension "Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are cured."

Appears in 1 contract

Samples: Cupertino Electric Inc

Extension Option. Subtenant shall have On the right (Option Date, the “Extension Right”) Borrower, with the prior written consent of the SuperMajority Lenders and so long as there exists no Default or Event of Default, may elect to extend the Term maturity of this Sublease the Working Line Loan for a single an additional 364 day period of three (3) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise until the Extension Right at least eight (8) months Final Maturity. Such election must be made no sooner than 60 days prior to the Expiration Option Date and no later than 30 days prior to the Option Date by written notice in accordance with the terms of Section 11.02 hereof to each Lender of its request to extend the final maturity of the initial TermWorking Line Loan. Each Lender shall, which no later than 10 Business Days after receipt of such notice, once given, give written notice to the Borrower and the Administrative Agent of its approval or disapproval of such extension. Any Lender failing to give such notice shall be irrevocable. If Subtenant timely elects deemed to exercise have approved such right to extension; but, upon the Sublease Extension TermOption Date, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion of the Subleased Premises its Working Line Specified Percentage shall be payable at a rate equal to 103% of the rate in effect with respect to zero and such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and Lender shall not be assignable without Sublandlord’s and Prime Lessor’s participating in the Working Line Loan thereafter. Notwithstanding anything herein to the contrary, no Lender shall be obligated to consent in their respective sole discretion, except that it may (subject to obtaining such extension. If the Borrower fails to receive the consent of Prime Lessor Lenders having Working Line Specified Percentages totaling 100%, then, if SuperMajority Lenders have consented to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right such extension (i) during any period only those consenting Lenders will have Working Line Specified Percentages in excess of time that Subtenant is in default under any provision of this Subleasezero, (ii) if Subtenant has been in default under any provision subject to the terms of this Sublease two (2) or more timesSection 2.18 hereof, whether or not the defaults are cured, during Working Line Commitment shall be reduced by a dollar amount equal to the last year product of the initial Term of this Subleasenon-consenting Lenders' Working Line Specified Percentages times the Working Line Commitment in effect on the day before the Option Date, or (iii) if Subtenant is not subject to the terms of Section 2.18 hereof, the Administrative Agent will notify each Lender of its reallocated Working Line Specified Percentage, the new Working Line Commitment and the reallocated Total Specified Percentage, (iv) the Borrower will pay all Consequential Costs incurred as a result of any such reallocation of Working Line Specified Percentages, (v) subject to the terms of Section 2.18 hereof, the Borrower shall repay in occupancy of at least eighty percent (80%) full all portions of the entire Subleased Premises both at Obligations representing such non-consenting Lenders' Working Line Specified Percentages of all outstanding Working Line Advances to such non-consenting Lenders, (vi) the time Borrower shall execute and deliver new promissory notes to each extending Lender in the form required by the Administrative Agent and (vii) subject to satisfaction of each of the exercise of foregoing requirements, the Working Line Loan final maturity shall be automatically extended on the Option Date to the Extension Right and at Final Maturity. If the time Borrower receives the consent of Lenders having Working Line Specified Percentages totaling 100%, then the commencement date of Working Line Loan final maturity shall be automatically extended on the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of Option Date to the Extension RightFinal Maturity, if after such exercise, but prior to and each Lender will retain its Working Line Specified Percentage and the commencement date of Working Line Commitment shall remain the Sublease Extension Term, (i) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Extension Term, whether or not such defaults are curedsame.

Appears in 1 contract

Samples: Credit Agreement (Qwest Communications International Inc)

Extension Option. Subtenant Tenant shall have the right option (the “First Extension RightOption”) to extend the Term of this Sublease Lease for a single an additional period of three five (35) months years, commencing on the day following the originally scheduled Expiration Date and expiring on the day immediately preceding the five (5) year anniversary of the originally scheduled Expiration Date (the “Sublease First Extension TermTerm Expiration Date) on the same terms and conditions as this Sublease (other than Base Rent) ), with such First Extension Option to be exercised by giving Sublandlord Tenant delivering to Landlord written notice of its election to exercise the Extension Right at least eight thereof not less than twelve (8) 12) months and not more than fifteen (15) months prior to the originally scheduled Expiration Date. Tenant’s right to exercise its First Extension Option is conditioned upon (a) no uncured Default of Tenant existing on the date of exercise or the date the First Extension Term (as hereinafter defined) is to commence, and (b) this Lease being in full force and effect. If Tenant exercises its First Extension Option, then the portion of the Term preceding the originally scheduled Expiration Date shall be referred to as the “Initial Term,” and the portion of the initial Term from and after the originally scheduled Expiration Date shall be referred to as the “First Extension Term.” The First Extension Term shall be upon all the same terms, covenants and conditions as the Initial Term, except (i) as to Basic Rent, which notice, once given, shall be irrevocable. If Subtenant timely elects determined as set forth in Section 1.1, (ii) that, except as set forth below with respect to exercise such right Tenant’s Second Extension Option (as hereinafter defined), Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in writing by Landlord, (iii) Tenant shall not be entitled to any period of “free rent” for the Sublease First Extension Term, (iv) there shall be no Landlord Contribution or similar contribution from Landlord for tenant improvements in connection with such First Extension Term, and (v) Landlord shall be under no obligation to perform any improvements or related work to the Sublease Premises. Tenant shall have the option (the “Second Extension Option”) to extend the Term of this Lease for an additional period of five (5) years following the First Extension Term, commencing on the day following the originally scheduled First Extension Term shall commence Expiration Date and expiring on the day immediately following preceding the initial five (5) year anniversary of the originally scheduled First Extension Term Expiration Date, with such Second Extension Option to be exercised by Tenant delivering to Landlord written notice thereof not less than twelve (12) months and not more than fifteen (15) months prior to the originally scheduled First Extension Term Expiration Date. During Tenant’s right to exercise its Second Extension Option is conditioned upon (a) no uncured Default of Tenant existing on the Sublease date of exercise or the date the Second Extension TermTerm (as hereinafter defined) is to commence, Base Rent for each and (b) this Lease being in full force and effect. If Tenant exercises its Second Extension Option, then the portion of the Subleased Premises Term from and after the originally scheduled First Extension Term Expiration Date shall be payable at a rate equal referred to 103% of as the rate in effect with respect to such portion of “Second Extension Term.” The Second Extension Term shall be upon all the Subleased Premised on same terms, covenants and conditions as the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretionInitial Term, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is as to Basic Rent, which shall be determined as set forth in default under any provision of this SubleaseSection 1.1, (ii) if Subtenant has been that Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in default under any provision of this Sublease two (2) or more timeswriting by Landlord, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is Tenant shall not in occupancy be entitled to any period of at least eighty percent (80%) of “free rent” for the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Second Extension Term, (iiv) Subtenant fails to timely cure any default by Subtenant under this Sublease, there shall be no Landlord Contribution or (ii) Subtenant has defaulted two (2) or more times during the period similar contribution from the date of the exercise of the Extension Right to the date of the commencement of the Sublease Landlord in connection with such Second Extension Term, whether and (v) Landlord shall be under no obligation to perform any improvements or not such defaults are curedrelated work to the Premises.

Appears in 1 contract

Samples: Lease (Caliper Life Sciences Inc)

Extension Option. Subtenant Tenant shall have the right option (the “Extension RightOption”) to extend the Term of this Sublease Lease for a single an additional period of three five (35) months (the “Sublease Extension Term”) on the same terms and conditions as this Sublease (other than Base Rent) by giving Sublandlord written notice of its election to exercise the Extension Right at least eight (8) months prior to the Expiration Date of the initial Termyears, which notice, once given, shall be irrevocable. If Subtenant timely elects to exercise such right to the Sublease Extension Term, the Sublease Extension Term shall commence commencing on the day immediately following the initial originally scheduled Expiration Date and expiring on the fifth (5th) anniversary of the originally scheduled Expiration Date, with such Extension Option to be exercised by Tenant delivering to Landlord written notice thereof not less than twelve (12) months and not more than fifteen (15) months prior to the originally scheduled Expiration Date. During Tenant’s right to exercise its Extension Option is conditioned upon (a) no Default of Tenant having occurred on or before the Sublease date of exercise or the date the Extension TermTerm is to commence, Base Rent for each (b) this Lease being in full force and effect, and (c) Replimune Group, Inc. having continuously occupied the entire Premises from the Term Commencement Date through the date of its exercise of such Extension Option and through the date on which the Extension Term is to commence. If Tenant exercises its Extension Option, then the portion of the Subleased Premises Term preceding the originally scheduled Expiration Date shall be payable at a rate equal referred to 103% of as the rate in effect with respect to such “Initial Term” and the portion of the Subleased Premised on Term from and after the initial originally scheduled Expiration Date. Date shall be referred to as the “Extension Term.” The Extension Right is personal to Subtenant Term shall be upon all the same terms, covenants and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretionconditions as the Initial Term, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise the Extension Right (i) during any period of time that Subtenant is as to Basic Rent, which shall be the Extension Term Basic Rent as determined as set forth in default under any provision of this SubleaseSection 1.1, (ii) if Subtenant has been that Tenant shall have no further extension rights unless otherwise expressly provided herein or hereafter agreed to in default under any provision of this Sublease two (2) or more timeswriting by Landlord, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is Tenant shall be required to provide security as described in ARTICLE 18, (iv) Tenant shall not in occupancy be entitled to any period of at least eighty percent (80%) of “free rent” for the entire Subleased Premises both at the time of the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension Term. The Extension Right shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise of the Extension Right, if after such exercise, but prior to the commencement date of the Sublease Extension Term, (iv) Subtenant fails to timely cure any default by Subtenant under this Sublease, or (ii) Subtenant has defaulted two (2) or more times during the period from the date of the exercise of the Extension Right to the date of the commencement of the Sublease there shall be no landlord contribution for tenant improvements in connection with such Extension Term, whether and (vi) Landlord shall be under no obligation to perform any improvements or not such defaults are curedrelated work to the Premises.

Appears in 1 contract

Samples: Lease (Replimune Group, Inc.)

Extension Option. Subtenant Provided that Sysorex Global Holdings Corp. has not assigned this Lease (except to a Peimitted Transferee pursuant to a Permitted Transfer) or sublet any or all of the Premises (it being intended that all rights pursuant to this provision are and shall be personal to the original Tenant under this Lease and any Permitted Transferee which is an assignee pursuant to a Permitted Transfer and shall not otherwise be transferable or exercisable for the benefit of any Transferee), and provided Tenant is not in default beyond any applicable notice and cure periods under this Lease at the time of exercise or at any time thereafter until the beginning of such extension of the Term, Tenant shall have the right option (the “Extension RightOption”) to extend the Term of this Sublease for a single one (1) additional consecutive period of three (3) months years (the “Sublease Extension TermPeriod) on the same terms and conditions as this Sublease (other than Base Rent) ), by giving Sublandlord written notice to Landlord of its election to the exercise the of such Extension Right Option at least eight nine (8) months 9) months, but not more than twelve (12) months, prior to the Expiration Date expiration of the initial Term, which notice, once given, . The exercise of the Extension Option by Tenant shall be irrevocableirrevocable and shall cover the entire Premises leased by Tenant pursuant to this Lease. If Subtenant timely elects to exercise Upon such right to the Sublease Extension Termexercise, the Sublease Extension Term shall commence on the day immediately following the initial Expiration Date. During the Sublease Extension Term, Base Rent for each portion term of the Subleased Premises Lease shall automatically be payable at a rate equal to 103% of the rate in effect with respect to such portion of the Subleased Premised on the initial Expiration Date. The Extension Right is personal to Subtenant and shall not be assignable without Sublandlord’s and Prime Lessor’s consent in their respective sole discretion, except that it may (subject to obtaining the consent of Prime Lessor to the extent required under Section 22 of the Prime Lease) be assigned in connection with a Corporate Permitted Assignment of this Sublease. Notwithstanding the foregoing, Subtenant may not exercise extended for the Extension Right (i) during Period without the execution of any period of time further instrument by the parties; provided that Subtenant is in default under any provision of this SubleaseLandlord and Tenant shall, (ii) if Subtenant has been in default under any provision of this Sublease two (2) or more timesrequested by either party, whether or not the defaults are cured, during the last year of the initial Term of this Sublease, or (iii) if Subtenant is not in occupancy of at least eighty percent (80%) of the entire Subleased Premises both at the time of execute and acknowledge an instrument confirming the exercise of the Extension Right and at the time of the commencement date of the Sublease Extension TermOption. The Extension Right Option shall terminate and be of no further force or effect even after Subtenant’s due and timely exercise if not exercised precisely in the manner provided herein. Any extension of the Extension RightTerm shall be upon all the terms and conditions set forth in this Lease and all Exhibits thereto, if after such exercise, but prior to the commencement date of the Sublease Extension Term, except that: (i) Subtenant fails Tenant shall have no further option to timely cure any default by Subtenant under this Sublease, or extend the Term of the Lease; (ii) Subtenant has defaulted two Landlord shall not be obligated to contribute funds toward the cost of any remodeling, renovation, alteration or improvement work in the Premises; (2iii) Landlord shall not be obligated to pay any fee or more times during the period from the date of the exercise of commission to any broker; and (iv) Base Rent for the Extension Right to Period shall be the date of then Fair Market Base Rental (as defined below) for the commencement of Premises for the Sublease Extension Termspace and term involved, whether or not such defaults are curedwhich shall be determined as set forth below.

Appears in 1 contract

Samples: Part of Lease Agreement (Inpixon)

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