Common use of Extension Options Clause in Contracts

Extension Options. (a) Borrower shall have two (2) options (each, an “Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Date.

Appears in 3 contracts

Samples: Mezzanine a Loan Agreement (BRE Select Hotels Corp), Loan Agreement (BRE Select Hotels Corp), Mezzanine B Loan Agreement (BRE Select Hotels Corp)

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Extension Options. (a) Subject to the provisions of this Section 2.7, Borrower shall have two the option (2) options (each, an the First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date of to November 7, 2022 (the Loan for consecutive one (1) year periods (each“First Extended Maturity Date”, an and such extended term, the Extension PeriodFirst Extended Term”). In order to exercise the first such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty ten (3010) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended prior to the First Extended Maturity Date. In order , to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before extend the First Extended Maturity Date to November 7, 2023 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 3 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine B Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.)

Extension Options. (a) Subject to the provisions of this Section 2.7, Borrower shall have two the option (2) options (each, an the First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date of to May 1, 2022 (the Loan for consecutive one (1) year periods (each“First Extended Maturity Date”, an and such extended term, the Extension PeriodFirst Extended Term”). In order to exercise the first such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty ten (3010) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended prior to the First Extended Maturity Date. In order , to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before extend the First Extended Maturity Date to May 1, 2023 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to May 1, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

Extension Options. (a) Borrower For purposes of this Lease, the initial Term of this Lease expiring on December 31, 2013 is referenced herein as the “Initial Term.” Tenant shall have two (2) options (each, an the “Extension OptionOptions”) to extend the Maturity Date of the Loan Initial Term and Expiration Date, each Extension Option to be for consecutive one a three (13) year periods period (each, each such period an “Extension Period”). In order Each Extension Option is conditioned upon (i) proper exercise of the applicable Extension Option, and of the prior Extension Option for Tenant to have the right to exercise the first Extension Option for the second Extension Period, and (ii) no event of default in respect of Tenant, as defined in Section 12.01, has occurred and is continuing at the time of the notice from Tenant exercising the Extension Option or at the commencement date of the Extension Period under such extension rightExtension Option. If Tenant desires to exercise an Extension Option, Borrower shall deliver to Lender a it must do so by written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) Landlord on or before the applicable date specified belowsix (6) months prior to the commencement date of the Extension Period under such Extension Option, time being of the essence. The Extension Options shall terminate if an Extension Option is not timely exercised by Tenant by notice as provided in this Lease. If Tenant timely exercises an Extension Option as provided above, the Term and Expiration Date shall be extended for the Extension Period under such Extension Option, such Extension Period to commence upon expiration of the Initial Maturity Date Term (for the first Extension Period) or the prior Extension Period (for the second Extension Period). Any and all such Extension Periods shall be on the same provisions as theretofore are set forth herein, with Tenant continuing to lease the Premises in its “As Is” condition during the Extension Periods, except that Base Rent shall be established as set forth below. All references to the “Term” of this Lease shall, unless the context shall clearly indicate a different meaning, be deemed to include a reference to the Initial Term and any Extension Periods as provided above. Base Rent at the commencement of each Extension Period shall be the greater of (i) ninety five percent (95.0%) of the then existing Fair Market Rental for the Premises, or (ii) the Base Rent in effect will be extended immediately prior to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each commencement of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore Extension Period. The Base Rent in effect will be extended to the Second Extended Maturity Date.immediately

Appears in 2 contracts

Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)

Extension Options. (aa)Provided (i) Borrower that the Lease shall be in full force and effect; (ii) that, except for a Corporate Transfer, Tenant shall have two not assigned the Lease nor sublet any portion of the Demised Premises; and (2iii) options that no default under any of the terms, provisions, covenants or conditions of the Lease has occurred, then, and only in such event, Tenant shall have the right, at Tenant’s sole option, to extend the term of the Lease for up to three (each, 3) additional periods of five (5) years each (each an “Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each, an “Extension PeriodTerm”). In order to exercise the first such Such extension right, Borrower options shall deliver to Lender a be exercisable by Tenant giving written notice (which may be revocable) of the exercise of such extension no earlier than ninety (90) days and option to Landlord no later than nine (9) months prior to the expiration of the then-current term; provided, however, in the event Tenant fails to exercise such option to extend during the aforesaid time period, such extension option (and any subsequent extension option) shall become null and void and all rights with respect thereto shall automatically terminate and expire. Each Extension Term shall be upon the terms, covenants and conditions as set forth herein with respect to the initial Lease Term, except that Base Annual Rent shall be determined for each Extension Term in accordance with the provisions of Section 41(b) below. Despite the foregoing, within thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lenderof delivery to Landlord of Tenant’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order written election to exercise the second such an extension rightoption, Borrower Landlord shall deliver to Lender a written notice (which may be revocable) Tenant, Landlord’s determination of the Base Annual Rent and rent escalator for such extension no earlier than ninety (90) days and no later than Extension Term. Tenant thereafter shall have thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke to agree to Landlord’s proposed Base Annual Rent and rent escalator for such noticeExtension Term or elect arbitration in accordance with Section 41(b) below. If Tenant does not elect such arbitration in writing, then Borrower Tenant shall be responsible for Lender’s out of pocket costs deemed to have rescinded its extension election and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datewaived all remaining extension options.

Appears in 2 contracts

Samples: Deed of Lease (Maxcyte, Inc.), Deed of Lease (Maxcyte, Inc.)

Extension Options. (a) Borrower Tenant shall have two (2) options (eachthe right, an “Extension Option”) at its option, to extend the Maturity Date term of this Lease for the Loan Extension Period(s) upon the same terms, covenants and conditions herein set forth; provided, however, that the Minimum Rent for consecutive one the first Lease Year of each Extension Period shall be increased to the greater of (1i) year periods the market rate then being charged for similar space in the Shopping Center or (eachii) the Minimum Rent for the preceding Lease Year increased by three percent (3%). Thereafter, the Minimum Rent for each successive Lease Year during each Extension Period shall be an “Extension Period”)amount equal to the Minimum Rent for the last preceding Lease Year, increased by three percent (3%) per annum. In order to exercise the first such extension rightExtension Option, Borrower Tenant shall deliver be required to Lender a give written notice of its intention to extend at least six (which 6) months but not more than nine (9) months prior to the Lease Termination Date, or expiration of the then current Extension Period, as the case may be. Failure to deliver timely notice as required above shall cause the Extension Option, and all remaining Extension Options, to lapse and be revocable) of such extension no earlier than ninety (90) days further force and no later than thirty (30) days before the Initial Maturity Date (provided that effect. Further, if Borrower shall subsequently revoke such notice, then Borrower Tenant shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each default of the applicable conditions set forth below in Section 2.3.6(b) on or before terms of this Lease, Tenant shall not have the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order right to exercise the second Extension Option and if Tenant shall default hereunder after such extension rightright has been exercised but within the six (6) month period preceding the Extension Period such election shall, Borrower shall deliver to Lender a written notice (which may at Landlord’s option, be revocable) of such extension no earlier than ninety (90) days null and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datevoid.

Appears in 2 contracts

Samples: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)

Extension Options. (a) Borrower Tenant shall have the right and option to extend the Lease for two (2) options consecutive periods of one (each, 1) year each under the same terms and conditions as stated in the Lease (each an “Extension Option”), with the exceptions that (a) no further extension options shall exist, and (b) monthly rental for such extension term shall be as follows: FIRST EXTENSION OPTION BASE RENT (OFFICE PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 25 – Month 36 $ 26.52 $ TBD BASE RENT (LABORATORY PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 25 – Month 36 $ 19.10 $ TBD SECOND EXTENSION OPTION BASE RENT (OFFICE PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 36 – Month 48 $ 27.32 $ TBD BASE RENT (LABORATORY PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 36 – Month 48 $ 19.67 $ TBD * Estimate only. Additional Rent, including Building Expenses and Amenity Expenses, shall be calculated and reconciled as set forth in Paragraph 4 of the Lease. Each Extension Option shall be exercisable by Tenant, if at all, only by timely delivery to Landlord of written notice of election at least six (6) months prior to the expiration of the then current Expiration Date, but no earlier than twelve (12) months prior to the expiration of the then current Expiration Date. The option herein granted shall be deemed to be personal to Tenant, and if Tenant subleases any portion of the Premises or otherwise assigns or transfers any interest thereof to another party (other than a Permitted Transfer), such option shall lapse. In the event that Tenant is in default of any term or condition at the time of its exercise notice beyond any applicable notice and grace period, then there shall be no extension or renewal of the Lease as provided herein. As they apply to Tenant’s right to extend the Maturity Date term of the Loan for consecutive one (1) year periods (eachLease, an the parties acknowledge and agree that the terms Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower extend,” “extension,” “renew,” and/or “renewal” shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to deemed the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datesame.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Extension Options. (a) Borrower Landlord agrees that Tenant shall have have, and it is hereby granted, two (2) successive options (each, an the “Extension OptionOptions”) to extend the Maturity Date Term as to any Property Location or Property Locations, in Tenant’s sole discretion, for a period of the Loan for consecutive one ten (110) year periods years each (eachindividually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period, as the case may be. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period with respect to the Property Locations that Tenant elects to extend, except that Base Rent (as defined in Section 2.01 below) for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Sections 1.04 and 2.01 below, payable in equal monthly installments as Monthly Base Rent (as defined in Section 2.01). In order to exercise the first Extension Options, Tenant shall give Landlord notice of such extension right, Borrower shall deliver to Lender a written notice exercise (which may notice shall identify the Property Locations that are to be revocableextended) of such extension no earlier than ninety (90) days and no later than one hundred twenty (120) days prior to the end of the initial Term of this Lease or the prior Extension Period, as the case may be; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days before after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the Initial Maturity Date expiration of said thirty (provided that 30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Term under any of the options set forth in this Lease through inadvertent failure to give the extension notice within the time limits prescribed. Accordingly, if Borrower Tenant shall subsequently revoke such noticefail to give an extension notice to Landlord for any of the Extension Periods, and if Landlord shall fail to give Landlord’s Notice to Tenant, then Borrower shall be responsible for Lender’s out until the expiration of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not intend to exercise said option to extend, the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower Term shall be responsible for Lenderextended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term extend beyond the last date of the last Extension Period. Upon the failure of Tenant to exercise one or any of the options herein following Landlord’s out of pocket costs and expenses in connection with such revocationNotice, including, without limitation, Breakage Costs) and, in any event, upon expiration of the giving last of such notice of extensionExtension Periods, and subject Tenant shall have no further or additional right to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on renew or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateextend this Lease.

Appears in 2 contracts

Samples: Master Lease (Spirit Finance Corp), Lease Agreement (Spirit Finance Corp)

Extension Options. (a) Borrower shall have two the option (2) options (each, an the First Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each), an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a by written notice (the “First Extension Notice”) delivered to Lender (which notice may be revocablerevoked) of such extension no earlier than ninety (90) days and no later than thirty (30) days before prior to the Initial Stated Maturity Date, to extend the Maturity Date to August 9, 2018 (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date”). In order to exercise the second such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender (which notice may be revocablerevoked) of such extension no earlier than ninety (90) days and no later than thirty (30) days before prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to August 9, 2019 (provided that if the “Second Extended Maturity Date”). In the event Borrower shall subsequently revoke such noticehave exercised the Second Extension Option, then Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender (which notice may be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costsrevoked) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(bno later than thirty (30) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to August 7, 2020 (the “Third Extended Maturity Date”). Borrower’s right to so extend the applicable Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.)

Extension Options. (a) Subject to the provisions of this Section 2.7, Borrower shall have two the option (2) options (each, an the First Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each), an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a by written notice (which may be revocablethe “First Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the Initial Stated Maturity Date, to extend the Maturity Date to May 1, 2017 (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date”, and such extended term, the “First Extended Term”). In order to exercise the second such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to May 1, 2018 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than thirty (30) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to May 1, 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Extension Options. (a) Subject to the provisions of this Section 2.7, Borrower shall have two the option (2) options (each, an the First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date of to May 1, 2020 (the Loan for consecutive one (1) year periods (each“First Extended Maturity Date”, an and such extended term, the Extension PeriodFirst Extended Term”). In order to exercise the first such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty ten (3010) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended prior to the First Extended Maturity Date. In order , to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before extend the First Extended Maturity Date to May 1, 2021 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to May 1, 2022 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

Extension Options. (a) Borrower Landlord agrees that Tenant shall have have, and it is hereby granted, two (2) successive options (each, an the “Extension OptionOptions”) to extend the Maturity Date Term, in Tenant’s sole discretion, for a period of the Loan for consecutive one ten (110) year periods years each (eachindividually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period, except that Base Rent (as defined in Section 2.01 below) for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Section 2.01 below, payable in equal monthly installments as Monthly Base Rent (as defined in Section 2.01). In order to exercise the first such extension rightExtension Options, Borrower Tenant shall deliver to Lender a written give Landlord notice (which may be revocable) of such extension no earlier than ninety (90) days and exercise no later than one hundred twenty (120) days prior to the end of the initial Term of this Lease or the prior Extension Period; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days before after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the Initial Maturity Date expiration of said thirty (provided that 30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Term under any of the options set forth in this Lease through inadvertent failure to give the extension notice within the time limits prescribed. Accordingly, if Borrower Tenant shall subsequently revoke such noticefail to give an extension notice to Landlord for any of the Extension Periods, and if Landlord shall fail to give Landlord’s Notice to Tenant, then Borrower shall be responsible for Lender’s out until the expiration of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not intend to exercise said option to extend, the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower Term shall be responsible for Lenderextended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term extend beyond the last date of the last Extension Period. Upon the failure of Tenant to exercise one or any of the options herein following Landlord’s out of pocket costs and expenses in connection with such revocationNotice, including, without limitation, Breakage Costs) and, in any event, upon expiration of the giving last of such notice of extensionExtension Periods, and subject Tenant shall have no further or additional right to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on renew or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateextend this Lease.

Appears in 2 contracts

Samples: Master Lease Agreement (Spirit MTA REIT), Master Lease Agreement (Spirit Realty Capital, Inc.)

Extension Options. (a) Borrower Tenant shall have two (2) options (each, an “Extension Option”) the option to extend the Maturity Date Term of this Lease for three (3) additional periods of sixty (60) months each as set forth in Article 1 of this Lease (each such period being referred to herein as an "Option Term") only by giving Landlord written notice by the later to occur of (A) fifteen (15) days following Tenant's receipt of written notice from Landlord reminding Tenant of the Loan expiration date for consecutive Tenant's , ~ exercise of such option (which notice from Landlord shall not be delivered earlier than fifteen (15) months prior to the expiration of the then applicable Term), or (B) at least one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeexpiration of the then applicable Term. All of the terms, then Borrower covenants, conditions, provisions and agreements applicable to the initial Term shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocationapplicable to the Option Terms, including, without limitation, Breakage Costs), and, upon giving adjustment of such notice the Minimum Annual Rent on each anniversary of extension, and subject the Commencement Date occurring during each Option Term. Time is of the essence with respect to Tenant's exercise of the options to extend the Term of this Lease provided herein. The option to extend the Term pursuant hereto by the Option Terms shall not be personal to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended original Tenant signatory to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days this Lease and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible exercisable by or for Lender’s out the benefit of pocket costs and expenses in connection with such revocation, any assignee or subtenant of Tenant (including, without limitation, Breakage Costsan assignee in connection with a "Permitted Transfer" pursuant to Section 13.4 below); provided, however, that in the event of Tenant's exercise of an option to extend pursuant hereto following any assignment of this Lease (other than to an assignee in connection with a Permitted Transfer pursuant to Section 13.4 below) and, upon the giving of such notice of extension, and subject or while any sublease remains in effect with respect to the satisfaction Premises, Minimum Annual Rent shall be increased as of each the commencement of the applicable conditions set forth below Option Term to equal the greater of (1) the amount which would otherwise then be due based upon the adjustment provided for in Section 2.3.6(b) on or before the applicable date specified 6.1 below, or (2) the Maturity "Fair Market Rent" (as hereinafter defined) for the Premises as of the commencement of such Option Term, and Minimum Annual Rent as so adjusted upon the commencement of such Option Term shall be further adjusted on each anniversary of the Commencement Date as theretofore occurring during such Option Term in effect will be extended to the Second Extended Maturity Date.accordance with Section 6.1

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Extension Options. (a) Borrower Tenant shall have two (2) options (each, an “Extension Option”) the option to extend the Maturity Date Term of this Lease for three (3) additional periods of sixty (60) months each as set forth in Article 1 of this Lease (each such period being referred to herein as an “Option Term”’) only by giving Landlord written notice by the later to occur of (A) fifteen (15) days following Tenant’s receipt of written notice from Landlord reminding Tenant of the Loan expiration date for consecutive Tenant’s exercise of such option (which notice from Landlord shall not be delivered earlier than fifteen (15) months prior to the expiration of the then applicable Term), or (B) at least one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeexpiration of the then applicable Term. All of the terms, then Borrower covenants, conditions, provisions and agreements applicable to the initial Term shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocationapplicable to the Option Terms, including, without limitation, Breakage Costs), and, upon giving adjustment of such notice the Minimum Annual Rent on each anniversary of extension, and subject the Commencement Date occurring during each Option Term. Time is of the essence with respect to Tenant’s exercise of the options to extend the Term of this Lease provided herein. The option to extend the Term pursuant hereto by the Option Terms shall not be personal to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended original Tenant signatory to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days this Lease and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible exercisable by or for Lender’s out the benefit of pocket costs and expenses in connection with such revocation, any assignee or subtenant of Tenant (including, without limitation, Breakage Costsan assignee in connection with a “Permitted Transfer” pursuant to Section 13.4 below); provided, however, that in the event of Tenant’s exercise of an option to extend pursuant hereto following any assignment of this Lease (other than to an assignee in connection with a Permitted Transfer pursuant to Section 13.4 below) and, upon the giving of such notice of extension, and subject or while any sublease remains in effect with respect to the satisfaction Premises, Minimum Annual Rent shall be increased as of each the commencement of the applicable conditions set forth below Option Term to equal the greater of (1) the amount which would otherwise then be due based upon the adjustment provided for in Section 2.3.6(b) on or before the applicable date specified 6.1 below, or (2) the Maturity “Fair Market Rent” (as hereinafter defined) for the Premises as of the commencement of such Option Term, and Minimum Annual Rent as so adjusted upon the commencement of such Option Term shall be further adjusted on each anniversary of the Commencement Date as theretofore occurring during such Option Term in effect will be extended accordance with Section 6.1 below. All references in this Lease to the Second Extended Maturity Date.“Term” shall be deemed to mean the initial Term as extended by the Option Terms, as applicable. If applicable pursuant to the foregoing, the Fair Market Rent for each Option Term shall be determined as follows:

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Extension Options. (a) Subject to the provisions of this Section 2.7. Borrower shall have two the option (2) options (each, an the First Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each), an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a by written notice (which may be revocablethe “First Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the Initial Stated Maturity Date, to extend the Maturity Date to May 1, 2017 (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date”, and such extended term, the “First Extended Term”). In order to exercise the second such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to May 1, 2018 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”), In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than thirty (30) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to May 1, 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Extension Options. 2.3.1 Subject to and in accordance with the terms and conditions of this Section 2.3, Tenant shall have the number of Extension Options specified in Item 6 of the Basic Lease Information to extend the Term of this Lease, for the respective Extension Terms specified in such Item 6, upon the same terms, conditions and provisions applicable to the then-current Term of this Lease (except as provided otherwise herein). The monthly Extension Term Base Rent payable with respect to the Tenant Space for the first year of the Extension Term shall be equal to one hundred percent (100%) of the then-current market rate then being charged by Landlord for comparable space in the Building taking into consideration the 3% annual base rent increase as set forth below, and by other landlords for extensions of leasehold interests for comparable space in comparable datacenter facilities located in the city in which the Building is located, if any, taking into consideration the quality, size, utility and location thereof, the length of the extension term, the credit standing of Tenant, any Tenant concessions being offered in the market for comparable extensions, the amenities provided to Tenant and the quality of the landlord as a first-class datacenter improvements operator (the “Fair Market Rent”); provided, however, that, once the Base Rent has been determined in accordance with this Section 2.3 with regard to the first year of an Extension Term, the monthly Base Rent for each subsequent year of such Extension Term shall be increased hereunder as of the first (1st) day of each such subsequent year to be equal to one hundred three percent (103%) of the scheduled monthly Base Rent for the immediately preceding year of such Extension Term. 2.3.2 Tenant may exercise each Extension Option only by delivering written notice (“Extension Option Interest Notice”) to Landlord at least six (6) calendar months prior to the then applicable expiration date of the Term, specifying that Tenant is interested in exercising an Extension Option pursuant to this Section 2.3 and, if Tenant timely exercised its Suite 409 Extension Option (as defined in the Second Amendment), Tenant must also specify whether Tenant is exercising the Extension Option as it relates to (a) Borrower the entire Tenant Space leased by Tenant at the time that Tenant delivers such notice, or (b) the entire Tenant Space leased by Tenant at the time that Tenant delivers such notice, but excluding Suite 409. Landlord shall have two (2) options (each, an “Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall thereafter deliver to Lender a written notice (which may be revocablethe “Extension Option Landlord’s Notice”) to Tenant advising Tenant of such extension no earlier than ninety (90) days and no later than the Extension Term Base Rent for the Extension Term. Tenant shall thereafter have the right, within thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lenderafter Landlord’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each delivery of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified belowExtension Option Licensor’s Notice to Tenant, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver Extension Option by delivering an Extension Option Exercise Notice to Lender a written notice Landlord. Tenant’s Extension Option Exercise Notice must specify that Tenant is irrevocably exercising its Extension Option so as to extend the Term of this Lease by an Extension Term on the terms set forth in (which may be revocablei) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extensionthis Section 2.3, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Date.(ii)

Appears in 1 contract

Samples: Datacenter Lease (Endurance International Group Holdings, Inc.)

Extension Options. On or prior to each of September 20, 2013 (athe third anniversary of the Closing Date) and September 20, 2014 (the fourth anniversary of the Closing Date), the Borrower may, by notice to the Administrative Agent (who shall promptly notify the Lenders) request that the Administrative Agent and the Lenders extend the date set forth in the definition of Termination Date by one year, and the Administrative Agent and the Lenders may, each in their sole and individual discretion, elect to do so, it being understood that (i) no extension shall be effective unless all Lenders unanimously agree to extend and (ii) any Lender who has not responded to such extension request within fifteen (15) Domestic Business Days following the date of the Administrative Agent’s notice of such extension request to the Lenders, shall be deemed to have rejected such request. In the event that one extension request is exercised and accepted by all Lenders, this Agreement shall be automatically amended as of September 20, 2013 to provide that the definition of Termination Date would be extended to September 20, 2016. In the event that two extension requests are exercised and accepted by all Lenders, upon effectiveness of the second extension, this Agreement shall be automatically amended as of September 20, 2014 to provide that the definition of Termination Date would be extended to September 20, 2017. Any extension pursuant to this Section 2.15 shall be effective as of the date of the amendment to this Agreement effecting such extension and each such amendment shall be conditioned upon: (x) no Default or Event of Default and (y) continued accuracy of the representations and warranties, in each case as of the date of such amendment in all material respects. The first extension request shall expire if not made on or prior to September 20, 2013 and shall not take effect prior to September 20, 2013. The second extension request shall expire if not made on or prior to September 20, 2014 and shall not take effect prior to September 20, 2014. There shall be no more than two (2) options extension requests, resulting in total extensions no longer than two (each2) years, an “Extension Option”) to extend so that the Maturity Termination Date of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and is no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeSeptember 20, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Date2017.

Appears in 1 contract

Samples: Credit Agreement (Main Street Capital CORP)

Extension Options. (a) Subject to the provisions of this Section 2.9, Borrower shall have two the option (2) options (each, an the First Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each), an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a by written notice (which may be revocablethe “First Extension Notice”) of such extension delivered to Agent no earlier than ninety one hundred twenty (90120) days and no prior to, nor later than thirty (30) days before prior to, the Initial Stated Maturity Date, to extend the Maturity Date to March 7, 2020 (provided that if Borrower shall subsequently revoke such notice, then Borrower the “First Extended Maturity Date”). The period of the Loan from the initial Stated Maturity Date through and including the First Extended Maturity Date shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject referred to as the satisfaction of each of “First Extension Term”. If the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be shall have been timely and properly extended to the First Extended Maturity Date. In order to exercise the second such extension right, then Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension delivered to Agent no earlier than ninety one hundred twenty (90120) days and no prior to, nor later than thirty (30) days before prior to, the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such noticeDate, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, extend the Maturity Date as theretofore in effect will be to March 7, 2021 (the “Second Extended Maturity Date”). If the Maturity Date shall have been timely and properly extended to the Second Extended Maturity Date., then Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Agent no earlier than one hundred twenty (120) days prior to, nor later than thirty (30) days prior to, the Second Extended Maturity Date, to extend the Maturity Date to March 7, 2022 (the “Third Extended Maturity Date”). An Extension Notice may be revoked by written notice of revocation to Agent on or prior to two (2) Business Days prior to the applicable Maturity Date (not taking into account the requested extension); provided that Borrowers shall pay Agent upon demand for all of Agent’s out‑of‑pocket costs and expenses (including reasonable fees and disbursements of Agent’s counsel) actually incurred in connection with such anticipated extension. Borrower’s right to so extend the Maturity Date to the First Extended Maturity Date, the Second Extended Maturity Date and the Third Extended Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Extension Options. (a) Borrower shall have two (2) Tenant is hereby granted options (each, an “Extension Option”) to extend the Maturity Date Lease Term for additional periods of the Loan for consecutive one (1) year periods month each (each, each such additional period being herein referred to as an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a "Extended Term") by giving written notice (which may be revocable) of such extension no earlier than ninety to Landlord prior to the expiration of the Lease Term (90as extended); provided, however, that in the event the Other Lease is terminated, then with respect to Extended Terms commencing on or after the first day of the seventh (7th) days calendar month from and no later than after the calendar month within which occurred the Rental Commencement Date, the options to extend the Lease Term granted hereunder shall be exercised by Tenant giving written notice of each such extension to Landlord at least thirty (30) days before prior to the Initial Maturity Date expiration of the Lease Term (as previously extended); further provided, however, that the Lease Term shall not be extended beyond (and the Lease Term, if not sooner terminated, shall end on) the earlier to occur of: (i) the date fifteen (15) days after "Substantial Completion" of the "Demised Premises" as those terms are defined in the Other Lease; or (ii) June 30, 2000. Tenant shall have the right to exercise these options to extend provided that if Borrower shall subsequently revoke on the date of such notice, exercise no default or event of default under this Lease then Borrower exists. Each Extended Term shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each all of the applicable same terms, covenants and conditions set forth below of this Lease then applicable. The term "Lease Term" as used in Section 2.3.6(b) on or before this Lease shall mean the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First initial Lease Term and any Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (Term which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datebecome effective.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Extension Options. (a) Borrower shall have two three (23) options (each, an “Extension Option”) to extend the Maturity Date of Component A of the Loan for consecutive one (1) year periods (each, an “Extension PeriodOption”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Payment Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses occurring in connection with such revocation, including, without limitation, Breakage Costs)December 2014, and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Initial Maturity Date as theretofore in effect will be extended to the Component A First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Payment Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses occurring in connection with such revocation, including, without limitation, Breakage Costs) December 2015 and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Maturity Date as theretofore in effect will be extended to the Component A Second Extended Maturity Date. In order to exercise the third such extension right, Borrower shall deliver to Lender written notice of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Payment Date occurring in December 2016 and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Maturity Date as theretofore in effect will be extended to the Component A Third Extended Maturity Date.

Appears in 1 contract

Samples: Management Agreement (ESH Hospitality LLC)

Extension Options. (aA) Borrower On the conditions (which conditions Landlord may waive by written notice to Tenant) that (i) at the time of exercise of the option to extend there exists no monetary or material non-monetary Event of Default (defined in Section 7.1), (ii) both at the time of exercise of the option and at the commencement date of the extension option period this Lease is still in full force and effect, and (iii) at the time of exercise of the option to extend (or at any time after the exercise of such option to extend but prior to the commencement of the applicable extension option period) Tenant has not sublet more than fifty percent (50%) of the Premises for all or substantially all of the remaining Term of this Lease (except for a subletting permitted without Landlord’s consent under Section 5.6.4 hereof), Tenant shall have the right to extend the Term hereof upon all the same terms, conditions, covenants and agreements herein contained (except for the Annual Fixed Rent which shall be adjusted during the option periods as hereinbelow set forth) for two (2) options successive periods of five (each, 5) years each as hereinafter set forth. Each option period is sometimes herein referred to as an “Extension Option”) Extended Term.” Notwithstanding any implication to the contrary Landlord has no obligation to make any additional payment to Tenant in respect of any construction allowance or the like or to perform any work to the Premises as a result of the exercise by Tenant of any such options. If after the exercise of the extension option, Tenant sublets a portion of the Premises for all or substantially all of the remaining Term then in effect, and such sublease individually or in the aggregate with any prior subleases entered into by Tenant results in 50% or more of the Premises being sublet for all or substantially all of the remaining Term then in effect, at Landlord’s option, Tenant’s exercise of its option to extend for the Maturity Date next Extended Term (and any subsequent Extended 100 Xxxxxx Xxxxxx – Mimecast Lease Term, if applicable) shall be void and of no force or effect and the Term of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise Lease will expire on the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each expiration date of the applicable conditions set forth below Lease Term then in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateeffect.

Appears in 1 contract

Samples: Work Agreement (Mimecast LTD)

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Extension Options. (ai) Borrower may, from time to time, request that all or a portion of the Loans (as used herein, the “Existing Loans”) of any Class (an “Existing Class”) be converted to extend the termination date thereof and the scheduled maturity date(s) of any payment of principal with respect to all or a portion of any principal amount of such Existing Loans (any such Existing Loans which have been so extended, “Extended Loans”), provided that any such extension may be requested no later than 30 days prior to the maturity of the applicable Class. Prior to entering into any Extension Amendment with respect to any Extended Loans, Borrower shall have two provide a notice to the Administrative Agent (who shall provide a copy of such notice to each of the Lenders of the applicable Existing Class and which such request shall be offered equally to all such Lenders) (an “Extension Request”) setting forth the proposed terms of the Extended Loans to be established thereunder, which terms shall be identical to the Loans of the Existing Class from which they are to be extended except that (w) the scheduled final maturity date of such Extended Loans will be delayed to later dates than the scheduled Maturity Date of such Existing Class, (x) (A) the interest rates, interest margins, rate floors and upfront fees with respect to the Extended Loans may be different than those for the Existing Loans and/or (B) additional fees may be payable to the Lenders providing such Extended Loans in addition to or in lieu of any of the items contemplated by the preceding clause (A), in each case, to the extent provided in the applicable Extension Amendment, (y) the Extension Amendment may provide for other covenants and terms that apply to any period after the latest Maturity Date in effect prior to giving effect to such Extension Amendment, and (z) the terms of any Extended Loan may also contain other differences from the Existing Class from which they are to be extended as are approved by the Administrative Agent, acting reasonably, so long as such differences are not material and not adverse to the Lenders of such Existing Class; provided that, notwithstanding anything to the contrary in this Section 2.22(b) or otherwise, (1) the repayment of Loans with respect to any Extended Loans shall be made on a pro rata basis (or less than pro rata basis) with any repayments of the Existing Loans of the Class of Existing Loans from which they were extended (the mechanics for which may be implemented through the applicable Extension Amendment and may include technical changes related to the borrowing procedures of such Class of Existing Loans) and (2) options (each, an “Extension Option”) to extend the Maturity Date assignments and participations of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower Extended Loans shall be responsible for Lender’s out of pocket costs governed by the same assignment and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject participation provisions applicable to the satisfaction of each of the applicable conditions Existing Classes set forth below in Section 2.3.6(b) on or before 10.6. No Lender shall have any obligation to agree to have any of its Existing Loans of any Existing Class converted into Extended Loans pursuant to any Extension Request. Any Extended Loans of any Extension Series shall constitute a separate Class from the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (Existing Class from which may be revocable) of such extension no earlier than ninety (90) days they were converted and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datefrom any other existing Loans.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Extension Options. (aA) Borrower On the conditions (which conditions Landlord may waive by written notice to Tenant) that both at the time of exercise of the herein described option to extend and as of the commencement of the Extended Term in question (i) there exists no monetary or material non-monetary “Event of Default” (defined in Section 15.1), (ii) this Lease is still in full force and effect, (iii) if the Building and the building known as Four Cambridge Center (the “4CC Building”), space within which Tenant is leasing herewith pursuant to a Lease of even date herewith (the “4CC Lease”), are both owned by entities affiliated with Boston Properties Limited Partnership or its successors and assigns or are otherwise affiliated with each other (as defined in Section 16.32), then provided that Tenant is contemporaneously exercising its right to extend the term of its 4CC Lease for a co-terminous period with the Extended Term, and (iv) Tenant has not sublet more than one half (1/2) of the Rentable Floor Area of the Premises (except for subletting permitted without Landlord’s consent under Section 12.2 hereof), Tenant shall have the right to extend the Term hereof upon all the same terms, conditions, covenants and agreements herein contained (except for the Annual Fixed Rent and tax and operating cost bases, which shall be adjusted during the option period as hereinbelow set forth and except that there shall be no further option to extend after exercise of Tenant’s second five (5) year option to extend) for two (2) options periods of five (each, 5) years as hereinafter set forth. Each option period is sometimes herein referred to as an “Extension Option”) Extended Term.” Notwithstanding any implication to extend the Maturity Date contrary, Landlord has no obligation to make any additional payment to Tenant in respect of any construction allowance or the like or to perform any work to the Premises as a result of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first by Tenant of any such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateoption.

Appears in 1 contract

Samples: Agreement (Akamai Technologies Inc)

Extension Options. (a) Borrower shall have The Lessor grants to the Lessee two (2) consecutive options (eachindividually, an "Extension Option" and collectively, the "Extension Options") to extend the Maturity Date Term of this Lease, each of such options being for a period of five (5) years (hereinafter collectively referred to as the "Extension Periods"), provided the Lessee exercises such Extension Options as set forth below, and provided further that, except as otherwise provided in Paragraph 39(c) below, there has been no assignment of this Lease or sublease of the Loan for consecutive one Building or any portion thereof by the Lessee and provided that there exists either on the date the Lessee notifies the Lessor of its intent to exercise either of the Extension Options or at any time thereafter up to and including the date upon which the applicable Extension Period is to commence, no uncured default under this Lease. The Extension Options shall be personal to the Lessee and, except as otherwise provided in Paragraph 39(c) below, the same shall not be applicable to any successor or assignee of the Lessee (1other than a corporate successor or affiliate of the Lessee) year periods and, except as otherwise provided in Paragraph 39(c) below, the Lessee's successors or assigns (each, an “other than a corporate successor or affiliate of the Lessee) may not exercise the Extension Period”)Options as set forth in this Lease and as permitted under the terms of this Lease. In order The Lessee may exercise each of such Extension Options only by serving on the Lessor written notice of its intent to exercise the applicable Extension Option (the "Lessee's Exercise Notice") on that date which is twelve (12) months prior to (i) the Termination Date in the case of the first such extension right, Borrower shall deliver to Lender a written notice Extension Period (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs"First Extension Period"), andand (ii) the expiration of the First Extension Period in the case of the second Extension Period (the "Second Extension Period"). The First Extension Period, upon giving of such notice of extension, and subject if properly exercised pursuant to the satisfaction provisions of each of the applicable conditions set forth below in Section 2.3.6(bthis Paragraph 38, shall commence (except as may otherwise be provided under Paragraph 39(f) below) on or before that date which is ten (10) years and six (6) months after the applicable date specified belowPhase I Commencement Date and the Second Extension Period, the Initial Maturity Date as theretofore in effect will be extended if properly exercised pursuant to the First Extended Maturity provisions of this Paragraph 38, shall commence (except as may otherwise be provided under Paragraph 39(f) below) on that date which is fifteen (15) years and six (6) months afer the Phase I Commencement Date. In order the event the Lessee does not timely and properly exercise its Extension Options to exercise extend the second such extension rightTerm of this Lease for the Extension Periods, Borrower shall deliver or if the Lessor has not received the Lessee's Exercise Notice by that date which is twelve (12) months prior to Lender a written notice (which may be revocablea) the Termination Date, in the case of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date Extension Period, and (provided that if Borrower shall subsequently revoke such noticeb) the expiration of the First Extension Period in the case of the Second Extension Period, then Borrower this Paragraph 38 shall be responsible for Lender’s out become null and void and of pocket costs no further force and expenses in connection with effect and the Lessee shall have no such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity DateExtension Options.

Appears in 1 contract

Samples: Agreement of Lease (Lechters Inc)

Extension Options. Provided that Tenant is not in default under this Lease beyond any applicable cure period at the time of exercise of an option to extend provided herein or at any time thereafter prior to the commencement of an Option Term (a) Borrower as hereinafter defined), Tenant shall have the option to extend the Term for two (2) options additional periods of five (each, 5) Lease Years each (each such period being referred to herein as an “Extension OptionOption Term”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a only by giving Landlord written notice at least one hundred eighty (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30180) days before the expiration of the then Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeTerm or the first Option Term, then Borrower as the case may be. All of the terms, covenants, conditions, provisions and agreements applicable to the Initial Term shall be responsible for Lenderapplicable to the Option Terms, except that the Minimum Annual Rent payable during each Option Term shall be increased in accordance with Section 1.10 above and Section 5.2 below. Time is of the essence with respect to Tenant’s out exercise of pocket costs the options to extend the Term provided herein. Tenant’s failure to exactly comply with the time requirements set forth herein shall cause the options provided herein to automatically cease and expenses terminate and, in such event, this Lease shall terminate upon the expiration of the Initial Term or the first Option Term, as the case may be. All references in this Lease to the “Term” shall be deemed to mean the Initial Term as extended by the Option Terms, if and as applicable. The options to extend this Lease as described in this Section are personal to the original Tenant and to its successor following a Permitted Transfer (as defined in Section 16.4). If Tenant subleases any portion of the Premises or assigns or otherwise transfers any interest under this Lease to any person or entity other than in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject a Permitted Transfer prior to the satisfaction exercise of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified belowany option, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower options and any succeeding option shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datelapse.

Appears in 1 contract

Samples: Lease (Yoshiharu Global Co.)

Extension Options. (a) Subject to the provisions of this Section 2.7, Borrower shall have two the option (2) options (each, an the First Extension Option”) to extend the Maturity Date of the Loan for consecutive one (1) year periods (each), an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a by written notice (which may be revocablethe “First Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the Initial Stated Maturity Date, to extend the Maturity Date to May 1, 2017 (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date”, and such extended term, the “First Extended Term”). In order to exercise the second such extension rightevent Borrower shall have exercised the First Extension Option, Borrower shall deliver to Lender a have the option (the “Second Extension Option”), by written notice (which may be revocablethe “Second Extension Notice”) of such extension no earlier than ninety (90) days and delivered to Lender no later than thirty (30) days before prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to May 1, 2018 (provided that if the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). Mezzanine Loan Agreement In the event Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of have exercised each of the applicable conditions set forth below in Section 2.3.6(bFirst Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended delivered to Lender no later than thirty (30) days prior to the Second Extended Maturity Date., to extend the Second Extended Maturity Date to May 1, 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc)

Extension Options. The Port hereby grants Tenant three (a3) Borrower shall have two (2) successive options (each, an “Extension Option”) to extend the Maturity Date Term of this Agreement (herein referred to individually as an "Extension Option") for an additional period of ten (10) years for each option (herein referred to individually as "Extension Term") on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the third Extension Term and Rent during any such Extension Terms shall be determined pursuant to Section 4.3.2. Written notices of Tenant's exercise of the Loan Extension Option for consecutive one each Extension Term must be given to the Port no less than twelve (112) year periods months prior to the expiration of the then-current Term (each, an “the "Extension Period”Notice Date"). In order Tenant shall have no right to exercise its right to extend the first Term of this Agreement at such extension righttime as an Event of Default is outstanding beyond the applicable notice and cure period; provided, Borrower shall deliver to Lender a written notice (which may be revocable) that, if the Port declares an Event of such extension no earlier than ninety (90) days and no later than Default within thirty (30) days before prior to the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeExtension Notice Date, then Borrower the period of time within which said option may be exercised shall be responsible extended as reasonably necessary for Lender’s out Tenant to cure the Event of pocket costs Default. In the event that Tenant fails to exercise an Extension Option in the time periods contemplated above, the Term of this Agreement shall expire upon the expiration of the then-current Term, and expenses Tenant shall have no further right to extend the Term hereof. The Extension Options herein granted to Tenant may not be separated from this Agreement in connection with such revocationany manner, includingby reservation or otherwise; however, without limitation, Breakage Costs), and, upon giving of such Permitted Subleases may provide that notice of extensionexercise of a materially co-terminus (e.g., and subject to not more than one (1) month shorter) corresponding extension option by the satisfaction of each subtenant of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each entirety of the applicable conditions set forth below in Section 2.3.6(b) on or before Premises is binding upon both Tenant and the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity DatePort under this Agreement.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. Provided that, at the time of each such exercise, (ai) Borrower this Lease is still in full force and effect, (ii) Tenant and/or any Tenant successors, sublessees or assignees for which Landlord’s consent was not required is occupying no less than sixty percent (60%) of the Premises for the conduct of its business, and (iii) no Default of Tenant shall have occurred and be continuing, Tenant shall have the right and option to extend the Term of this Lease for the entire Premises for two (2) options extended terms often (each, an 10) years each (the “Extension OptionTerms). Any Extension Term shall commence on the day immediately succeeding the expiration date of the Initial Term or the first Extension Term, as the case may be, and shall end on the day immediately preceding the tenth (10th) anniversary of the first day of such Extension Term. Tenant shall exercise such option to extend by giving written notice to Landlord of its desire to do so not later than twelve (12) months prior to the expiration date of the Initial Term or the first Extension Term, as the case may be. Within ten (10) Business Days after receiving Tenant’s notice of its desire to extend the Maturity Date term of this Lease, Landlord shall provide Tenant with Landlord’s good faith estimate of the Loan Fair Market Rental Value of the Premises for consecutive one the applicable Extension Term (1) year periods (each, an “to be estimated as of the first day of the applicable Extension Period”Term). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon The giving of such notice of extensionextension by Tenant shall automatically extend the Term of this Lease for the applicable Extension Term, and subject no instrument of renewal or extension need be executed. In the event that Tenant fails to give such notice to Landlord, this Lease shall automatically terminate at the satisfaction of each end of the applicable Initial Term or the first Extension Term, as applicable, and Tenant shall have no further option to extend the Term of this Lease. Any Extension Term shall be on all the terms and conditions set forth below in Section 2.3.6(bof this Lease, except: (i) on or before during the applicable date specified belowsecond Extension Term, the Initial Maturity Date as theretofore in effect will provisions of this Section A shall not be extended to effective, and (ii) (a) the First Extended Maturity Date. In order to exercise the second such extension right, Borrower annual Basic Rent for each Extension Term shall deliver to Lender a written notice be ninety-five percent (which may be revocable95%) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible Fair Market Rental Value for Lender’s out the Premises as of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving commencement of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity DateExtension Term.

Appears in 1 contract

Samples: Bright Horizons Family Solutions Inc.

Extension Options. The Port hereby grants Tenant three (a3) Borrower shall have two successive options to extend the Term of this Agreement (2) options (each, herein referred to individually as an “Extension Option”) for an additional period of ten (10) years apiece for the first two Extension Options and a period of five (5) years for the third Extension Option (herein referred to individually as “Extension Term”) on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the third Extension Term and Rent during any such Extension Terms shall be determined and subject to adjustment pursuant to Section 4.2. Written notices of Xxxxxx’s exercise of the Extension Option for each Extension Term must be given to the Port no less than six (6) months prior to the expiration of the then-current Term (the “Extension Notice Date”). Tenant shall have no right to exercise its right to extend the Maturity Date Term of this Agreement at such time as an Event of Default is outstanding beyond the Loan for consecutive one (1) year periods (eachapplicable notice and cure period; provided, that, if the Port declares an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) Event of such extension no earlier than ninety (90) days and no later than Default within thirty (30) days before prior to the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeExtension Notice Date, and said default is curable, then Borrower the period of time within which said option may be exercised shall be responsible extended as reasonably necessary for Lender’s out Tenant to cure the Event of pocket costs and expenses Default within the applicable cure period set forth in connection with such revocationSection 21.2.1 below. In the event that Tenant fails to exercise an Extension Option in the time periods contemplated above, includingthe Term of this Agreement shall expire upon the expiration of the then-current Term (or, without limitationas applicable, Breakage CostsExtension Term), andand Tenant shall have no further right to extend the Term hereof. The Extension Options herein granted to Tenant may not be separated from this Agreement in any manner, upon giving of such notice of extensionby reservation or otherwise, and subject may only be exercised by Tenant, or an assignee of Tenant under a Permitted Assignment or other assignment of this Agreement consented to by the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended Port pursuant to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity DateArticle 25.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. (a1) Borrower shall have two (2) options (each, an “Extension Option”) Landlord grants to Tenant the option to extend the Maturity Term for the First Extension Term as specified in Paragraph 21. of the Basic Lease Information (the "FIRST EXTENSION OPTION") with respect to all of the rentable area of the Premises leased by Tenant as of the Expiration Date of the Loan for consecutive one (1) year periods (each, an “Initial Term. The First Extension Period”). In order to exercise Term shall commence immediately following the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) Expiration Date of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower Term. The First Extension Option shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocationexercised, includingif at all, without limitation, Breakage Costs), and, upon giving of such by notice of extension, and subject to Landlord at any time during the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) Initial Term on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended that is six (6) months prior to the First Extended Maturity Expiration Date, which notice shall be irrevocable by Tenant. In order Tenant's right to exercise the second such extension right, Borrower First Extension Option shall deliver be subject to Lender a written notice (which may no Event of Default by Tenant occurring under the Lease and shall be revocable) further subject to Landlord's review and approval of such extension no earlier than ninety (90) days and no later than thirty (30) days before Tenant's current financials as of the commencement of the First Extended Maturity Extension Term. Notwithstanding the foregoing, if an Event of Default exists under this Lease either at the time Tenant exercises the First Extension Option or at any time thereafter prior to or upon the commencement of the First Extension Term, Landlord shall have, in addition to all of Landlord's other rights and remedies under this Lease, the right to terminate the First Extension Option and to cancel unilaterally Tenant's exercise of the First Extension Option, in which event the Expiration Date (provided that if Borrower shall subsequently revoke such notice, then Borrower of this Lease shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon remain the giving of such notice of extensionthen scheduled Expiration Date, and subject Tenant shall have no further rights under this Lease to renew or extend the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity DateTerm.

Appears in 1 contract

Samples: I Lease (American Ecology Corp)

Extension Options. (aA) Borrower On the conditions (which conditions Landlord may waive by written notice to Tenant) that both at the time of exercise of the herein described option to extend and as of the commencement of the Extended Term in question (i) there exists no monetary or material non-monetary “Event of Default” (defined in Section 15.1), (ii) this Lease is still in full force and effect, (iii) if the Building and the building known as Eight Cambridge Center (the “8CC Building”), space within which Tenant is leasing herewith pursuant to a Lease of even date herewith (the “8CC Lease”), are both owned by entities affiliated with Boston Properties Limited Partnership or its successors and assigns or are otherwise affiliated with each other (as defined in Section 16.32), then provided that Tenant is contemporaneously exercising its right to extend the term of its 8CC Lease for a co-terminous period with the Extended Term, and (iv) Tenant has not sublet more than one half (1/2) of the Rentable Floor Area of the Premises (except for subletting permitted without Landlord’s consent under Section 12.2 hereof), Tenant shall have the right to extend the Term hereof upon all the same terms, conditions, covenants and agreements herein contained (except for the Annual Fixed Rent and tax and operating cost bases, which shall be adjusted during the option period as hereinbelow set forth and except that there shall be no further option to extend after exercise of Tenant’s second five (5) year option to extend) for two (2) options periods of five (each, 5) years as hereinafter set forth. Each option period is sometimes herein referred to as an “Extension Option”) Extended Term.” Notwithstanding any implication to extend the Maturity Date contrary, Landlord has no obligation to make any additional payment to Tenant in respect of any construction allowance or the like or to perform any work to the Premises as a result of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first by Tenant of any such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateoption.

Appears in 1 contract

Samples: Agreement (Akamai Technologies Inc)

Extension Options. Tenant is hereby granted three (a3) Borrower shall have two (2) successive options (each, each an “Extension Option”; collectively, “Options”) to extend the Maturity Date Term for an additional term of the Loan five (5) years for consecutive one each Option (1) year periods (each, each an “Extension PeriodTerm”). In order , beginning on the day after the expiration of the then-current Term and continuing for five (5) years (unless terminated sooner pursuant to exercise any other terms or provisions of the first such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage CostsLease), and, upon giving of such notice of extension, and subject to the satisfaction of each on all of the applicable same terms and conditions as set forth in the Lease, but at an adjusted Monthly Base Rent as set forth below in Section 2.3.6(b2.3.2 (with respect to the first Extension Term) on or and Section 2.3.3 (with respect to the second and third Extension Terms) (and without any additional option to extend the Lease Term after the expiration of the third Extension Term). Each Option may be exercised by Tenant only by delivery of written notice thereof to Landlord (“Extension Notice”), which notice must be received by Landlord at least six (6) full calendar months before the applicable date specified belowexpiration of the then-current Term and, once given, shall be irrevocable and binding on both parties. If Tenant fails to timely deliver such written notice, or if this Lease is terminated pursuant to any other terms or provision of this Lease prior to the expiration of the Term, the Initial Maturity Date as theretofore in effect will Options shall terminate, and Tenant shall have no right to renew or extend the Lease. Each Option shall be extended to exercisable by Tenant on the First Extended Maturity Date. In order express condition that at the time of delivery of Tenant’s notice of its election to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the giving of such notice of extensionOption, and subject at all times prior to the satisfaction of each commencement of the Extension Term, Tenant shall not be in default under this Lease beyond any applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Datenotice and cure period.

Appears in 1 contract

Samples: Work Letter Agreement (Lacrosse Footwear Inc)

Extension Options. At least 45 days prior to each of March 6, 2022 (athe fifth anniversary of the Restatement Date) and March 6, 2023 (the sixth anniversary of the Conformed Credit Agreement - Page 58 ‌ ‌ ​ Restatement Date), the Borrower may, by notice to the Administrative Agent (who shall have two promptly notify the Lenders) request that the Administrative Agent and the Lenders extend the date set forth in the definition of Termination Date by one year, and the Administrative Agent and the Lenders may, each in their sole and individual discretion, elect to do so, it being understood that (2i) options (each, an “Extension Option”) no extension shall be effective unless all Lenders unanimously agree to extend and (ii) any Lender who has not responded to such extension request within fifteen (15) Business Days following the Maturity Date date of the Loan for consecutive one (1) year periods (each, an “Extension Period”). In order to exercise the first such extension right, Borrower shall deliver to Lender a written Administrative Agent’s notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before request to the Initial Maturity Date (provided that if Borrower shall subsequently revoke such noticeLenders, then Borrower shall be responsible for Lender’s out deemed to have rejected such request. In the event that one extension request is exercised and accepted by all Lenders, this Agreement shall be automatically amended as of pocket costs and expenses in connection with such revocationMarch 6, including, without limitation, Breakage Costs), and, upon giving 2022 to provide that the definition of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Termination Date as theretofore in effect will would be extended to the First Extended Maturity DateMarch 6, 2023. In order to exercise the event that two extension requests are exercised and accepted by all Lenders, upon effectiveness of the second such extension rightextension, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower this Agreement shall be responsible for Lender’s out automatically amended as of pocket costs and expenses in connection with such revocationMarch 6, including, without limitation, Breakage Costs) and, upon 2023 to provide that the giving definition of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Maturity Termination Date as theretofore in effect will would be extended to March 6, 2024. Any extension pursuant to this Section 2.15 shall be effective as of the Second Extended Maturity Datedate of the amendment to this Agreement effecting such extension and each such amendment shall be conditioned upon: (x) no Default or Event of Default and (y) continued accuracy of the representations and warranties, in each case as of the date of such amendment in all material respects. The first extension request shall expire if not made on or prior to March 6, 2022 and shall not take effect prior to March 6, 2022. The second extension request shall expire if not made on or prior to March 6, 2021 and shall not take effect prior to March 6, 2023. In no event shall the Termination Date be later than March 6, 2024.

Appears in 1 contract

Samples: Credit Agreement (MSC Income Fund, Inc.)

Extension Options. (a) Borrower shall have Tenant acknowledges and agrees that Tenant has no options and/or rights to lease additional space at the Project and, except as otherwise expressly provided herein below, Tenant has no options and/or rights to extend the Extended Term. Subject to the terms and conditions of this Section 10, Landlord hereby grants to Tenant up to two (2) options to extend the Extended Term (each, each an “Extension Option”), each for a consecutive period of five (5) years (each an "Option Term"), on the same terms, covenants and conditions as provided for in the Amended Lease during the Extended Term except as otherwise provided below in this Section 10. Monthly Base Rent shall initially be equal to extend the Maturity Date "fair market rental rate" for the Premises for each Option Term as defined and determined in accordance with the provisions of the Loan for consecutive one (1) year periods (eachSection 10.a. below, an “subject to annual rent increases during each Option Term. The first Extension Period”). In order to exercise the first such extension rightOption must be exercised, Borrower shall deliver to Lender a if at all, by written notice ("Extension Notice") delivered by Tenant to Landlord no sooner than that date which may be revocableis fifteen (15) of such extension no earlier than ninety (90) days months and no later than thirty that date which is ten (3010) days before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject months prior to the satisfaction of each expiration of the applicable conditions set forth below in Section 2.3.6(bExtended Term. The second Extension Option must be exercised, if at all, by Extension Notice delivered by Tenant to Landlord no sooner than that date which is fifteen (15) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days months and no later than thirty that date which is ten (3010) days before months prior to the First expiration of the first Option Term; provided, however, that the first and second Extension Option shall automatically become void and of no effect if Tenant fails to validly exercise the first Extension Option. Provided Tenant has properly and validly exercised an Extension Option, the Extended Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower Term shall be responsible extended by the five (5) year Option Term for Lender’s out that Extension Option, and all terms, covenants and conditions of pocket costs the Amended Lease shall remain in full force and expenses effect except that (a) Monthly Base Rent shall initially be equal to the "fair market rental rate" for the Premises for that Option Term as defined and determined in accordance with the provisions of Section 10.a. below, subject to annual rent increases during that Option Term, (b) the other economic terms will be established by Landlord, which may be taken into consideration when determining the fair market rental rate for that Option Term, (c) if Tenant fails to timely and validly exercise the second Extension Option, the second Extension Option shall be void and of no effect and tenant shall have no further options remaining, (d) after the exercise of the second Extension Option, Tenant shall have no further options remaining, and (e) Landlord shall have no obligation whatsoever in connection with any such revocationextension to remodel, includingalter or improve the Premises or Building for use by Tenant, without limitationto provide any improvement or construction allowance to Tenant, Breakage Costs) andor to pay or reimburse Tenant for any remodeling, upon alterations or improvements to the giving of such notice of extensionPremises or Building. The extension rights under this Section are “one-time, if at all” rights only, and subject to the satisfaction of each are not renewing or reoccurring rights whether in connection with any further extension of the applicable conditions set forth below in Section 2.3.6(b) on Term or before the applicable date specified below, the Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Dateotherwise.

Appears in 1 contract

Samples: REVA Medical, Inc.

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