Failure to Accept Offer. If the other Members do not elect to purchase all of the interest in the Company offered, the Offeror may transfer the offered interest to the proposed transferee named in the offer to the Company. However, if that transfer is not made within 90 days after the end of the period provided for in Section 10.3, a new offer shall be made to the other Members and the provisions of Sections 10.1, 10.2 and 10.3 shall again apply.
Failure to Accept Offer. If the offeree Member does not elect within the 60-day period provided for in Section 15.2(c) to purchase the Nevada JV Interests proposed to be Transferred, the offering Member may either withdraw its offer to Transfer such Nevada JV Interests or Transfer all such Nevada JV Interests to the identified transferee at a price and on terms no less favorable to the offering Member than those offered by the offering Member in the notice; provided that the transferee provides the written undertaking agreeing to be bound by the terms of this Agreement pursuant to Section 15.1(b). The offering Member shall provide information to the offeree Member sufficient to enable the offeree Member to verify the price and terms of the sale. If such Transfer to the third party transferee is not made within 90 days following the termination of the 60-day period provided for in Section 15.2(c), then a new offer must be made pursuant to the provisions of Section 15.2(a) before the offering Member can Transfer its Nevada JV Interests and the provisions of this Section 15.2 shall again apply to such Transfer.
Failure to Accept Offer. If Tenant does not elect to purchase the Premises in accordance with Section 49(b) above, or if the purchase is not closed, then Landlord may transfer the Premises within six (6) months after making the offer to Tenant to an unaffiliated third party pursuant to a bona fide arm's length agreement at a price not less than ninety percent (90%) of the price offered to Tenant or at a price not less than the Tenant's last counter-offer to Landlord, whichever is greater, and Tenant's first right of refusal shall thereupon terminate. In the event Landlord does not so transfer the Premises within such six (6) month period, then Tenant's first right of refusal shall continue. In any event, Tenant's first right of refusal shall terminate at the end of the Term or earlier termination of this Lease.
Failure to Accept Offer. If Tenant does not elect to exercise its option to lease the Remainder of Lot 2 in accordance with Section 29(b) above, then Tenant’s option shall thereupon terminate. In any event, Tenant’s option shall terminate at the end of the sixth (6th) Lease Year or the earlier termination of this Lease.
Failure to Accept Offer. If the City fails to accept the offer within the time period provided in this section, this Agreement will terminate and the District may sell or use the Park Property at the District's sole discretion.
Failure to Accept Offer. If the other Members do not elect to purchase all of the Membership Interest offered in accordance with the provisions of Section 10.4, or if the purchase is not closed or payment not made through no fault of the Offeror, the Offeror may transfer the offered interest to the proposed transferee named in the offer, provided that: (i) the proposed transferee shall agree in writing to be bound by all of the provisions of this Agreement whether or not voted in as a substituted Member; (ii) the Company receives an opinion of counsel satisfactory to the non-selling Member that the transfer complies with all applicable federal and state securities laws; and (iii) the transferee executes an acknowledgement and agreement that it has no voting rights or rights to participate in management of the Company unless made a substituted Member pursuant to Section 10.2(b). If that transfer is not made within ninety (90) days after the expiration of the sixty-day (60) period provided in Section 10.4, the provisions of this Article X shall again apply.
Failure to Accept Offer. If the Remaining Participant fails to notify the Selling Participant before the expiration of the time limited therefor that it will purchase any interest offered, the Selling Participant may sell and transfer such interest to the Proposed Optionee at the price and on the terms and conditions specified in the Offer for a period of 60 days, provided that the terms of this agreement shall again apply to such interest if the sale to the Proposed Optionee is not completed within the said 60 days.
Failure to Accept Offer. Should Shannon refuse to accept any offer recommended by Shear Wind, Shannxx xxxxl immediately pay to Shear Wind those monies and other xxxxxxxy specified herein as if the offer had been accepted by Shannon.
Failure to Accept Offer. If Tenant does not elect to accept the offer in accordance with Section 49(b) above, then Landlord may rent the portion of the Building offered to Tenant to another party at a base rental rate not less than 90% of the base rent offered to Tenant (taking into account free rent periods offered to such other party), or at a price not less than Tenant’s last counter-offer to Landlord, whichever is greater. Tenant’s failure to accept the offer pursuant to Section 49(b) shall not terminate Tenant’s right of first offer, except as to the portion of the Building rented to a third party pursuant to Section 49(c) within six months after the expiration of the 45 day period set forth in Section 49(b), and then only for so long as such third party or its successors occupy that portion of the Building. EXECUTED as of the date first set forth above. LANDLORD: TENANT: MUM II, LLC HORIZON ORGANIC DAIRY, INC. By /s/ Xxxxxx X. Xxxxxxx, Xx. By /s/ Xxx Xxxxxx Xxxxxx X. Xxxxxxx,Xx., Manager Name: Xxx Xxxxxx Title: CFO EXHIBIT A Description of Real Property for Horizon Building Lot 1E Monarch Park P.U.D. Replat E, According to the Plat in Planfile X-00 X-0 #0 Xxxxxx xx Xxxxxxx, Xxxxx of Colorado EXHIBIT B Floor Plan Showing the Premises EXHIBIT C Landlord’s Work [Showing area to receive Tenant finish.] EXHIBIT D (Attached to and forming a part of Office Lease for Horizon Building) RULES AND REGULATIONS The rules and regulations set forth in this Exhibit shall be and hereby are made a part of the Lease to which they are attached. Whenever the term “Tenant” is used in these rules and regulations, it shall be deemed to include Tenant, its employees, agents or invitees. The following rules and regulations may from time to time be modified by Landlord in the manner set forth in Article 19 of the Lease.
Failure to Accept Offer. If the Remaining Participant fails to notify the Selling Participant before the expiration of the time limited therefor that he will purchase any interest offered, the Selling Participant may, subject to subsection 9.1, sell and transfer such interest to the Proposed Purchaser at the price and on the terms and conditions specified in the Offer for a period of 60 days, provided that the terms of this Section 12 shall again apply to such interest if the sale of the Proposed Purchaser is not completed within the said 60 days, but, any sale hereunder shall be conditional upon the Proposed Purchaser delivering a written undertaking to the Remaining Participant, in form and substance satisfactory to its counsel, to be bound by the terms and conditions of this Agreement.
