Grant of Right of First Offer. Seller hereby grants, or agrees to cause to be granted, to Purchaser the exclusive right of first offer to Develop the Property (the "Right") upon the following terms and conditions: If, at any time prior to the termination of this Agreement, Seller or HDLP should determine, in its sole discretion, that all or a portion of the Property shall be utilized for the construction of an office or industrial facility to be either (a) owned and leased to third parties by Seller, HDLP or another affiliate of Seller or (b) held by Seller, HDLP or another affiliate of Seller for sale to a third party after such construction, Seller shall offer, or shall cause HDLP or such other affiliate of Seller to offer, Purchaser the right to Develop such office or industrial facility before developing, or allowing the development of, the Property for such uses. Seller shall notify, or shall cause HDLP or such other affiliate of Seller to notify (the entity providing such notice is referred to as the "Offeree"), Purchaser of the offer in the manner provided herein for the giving of notice of their decision to so Develop the Property and the general terms and conditions of the proposed development, and Purchaser shall have the right of first offer to Develop that portion of the Property to be Developed (which may be all of the Property) (the "Subject Parcel") by notifying Offeree of the general terms and conditions upon which Purchaser is willing to Develop the Subject Parcel (the "Offer"), which Offer may differ from the terms of the notice from the Offeree. Purchaser shall give the Offer to Offeree within thirty (30) days after Purchaser's receipt of the notice from Offeree. In the event Purchaser fails to notify Offeree of its election within said thirty (30) day period or elects not to Develop the Subject Parcel, or Purchaser and Offeree are unable to reach agreement on all the material terms and conditions of the development of the Subject Parcel, Seller, HDLP, or such affiliate of Seller shall be entitled to offer to third parties the opportunity to Develop the Subject Parcel on commercially reasonable terms in an arms' length transaction or Seller, HDLP or such affiliate of Seller may develop the Subject Parcel substantially in accordance with the terms described in the notice from Offeree described above, provided, however, that in the event either Seller, HDLP, such affiliate of Seller or another party does not commence to Develop the Subject Parcel, or the sale of the Sub...
Grant of Right of First Offer. (a) If Ashford Trust or any of its Affiliates (in such context, the “Selling Party”) (i) desires to offer for sale any of the Initial Prime ROFO Assets or any other asset hereafter owned by Selling Party that meets the initial Investment Guidelines of Ashford Prime to a Third Party, or (ii) receives from a Third Party an offer to purchase any such asset and Selling Party desires to accept such offer (in each case whether by transfer of the asset or all or a portion of the direct or indirect equity interests in the owner of such asset owned by the Selling Party) (in such context, the “ROFO Interest”), then, prior to offering such asset for sale or accepting such offer to purchase, the Selling Party shall first offer the ROFO Interest to Ashford Prime (in such context, the “Purchasing Party”) in accordance with this Agreement (the “Ashford Prime ROFO”).
Grant of Right of First Offer. At the time, if any, within 365 days after Landlord’s receipt of an Interest Notice that Landlord first intends to market or to negotiate with one or more third parties to lease an Expansion Space that Landlord determines in good faith to be consistent with the Parameters, other than marketing or negotiation regarding a lease arrangement with the existing lessee who would be renewing or extending its occupancy of such space (whether or not pursuant to a contractual right to do so), or with a lessee that holds a prior expansion right, Landlord shall give Tenant written notice (“Landlord’s Communication”) of the financial consideration and other terms upon which Landlord is willing to lease such portion of the Expansion Space to Tenant; Landlord is not obligated to offer the same portion of the Expansion Space to Tenant more than once during the period covered by a single Interest Notice. Landlord’s Communication shall constitute an offer to Tenant to lease such portion of the Expansion Space on the terms set forth in Landlord’s Communication and otherwise on the terms set forth in this Lease. Tenant specifically acknowledges that Landlord may offer such portion of the Expansion Space as part of a larger space and on terms that require Tenant to lease the entirety of the larger space. Tenant further acknowledges that Landlord may offer such portion of the Expansion Space for a length of term that is different than the Lease Term as to the Premises or one or more parts of the Premises. However, if a Landlord’s Communication is given prior to the first anniversary of the Fifth Expansion Commencement Date, then such portion of the Expansion Space described in such Landlord’s Communication shall be offered (i) for a term expiring on the same date as the Fifth Expansion Term, (ii) at the same per rentable square foot Base Rent rates as apply to the Fifth Expansion Premises from time to time, and (iii) with the same Allowance per rentable square foot as applies to the Fifth Expansion Premises prorated in a ratio of the number of months in the Lease Term as to such portion of the Expansion Space divided by 96.
Grant of Right of First Offer. Subject to the terms and conditions set forth in this Section 36, Landlord hereby grants to Tenant a right of first offer (“First Offer Right”) relating to the Transfer of any of the Leased Premises. If, at any time during the term hereof, Landlord desires to Transfer all or any portion of the Leased Premises (the “Offered Property”) to another third party ski resort operator, or to an entity controlled by another ski resort operator (excluding any real estate investment trusts or any other financing entities even if owned or controlled by another ski resort operator), Landlord shall first deliver to Tenant written notice (the “Notice of Transfer”), which Notice of Transfer shall state Landlord’s desire to Transfer the Offered Property and contain an accurate description of the Offered Property and its proposed operations.
Grant of Right of First Offer. Subject to the terms and conditions specified in this Article IV, inSilicon hereby grants to Phoenix a right of first offer with respect to future sales by inSilicon of inSilicon Capital Stock. As long as Phoenix owns 50,000 shares of Series A Preferred Stock (or the Common Stock issued upon conversion thereof) Phoenix may designate as purchasers under such right itself or its Affiliates in such proportions as it deems appropriate.
Grant of Right of First Offer. Subject to the terms and conditions set forth in this Agreement, Grantor hereby grants to Offeree a right of first offer ("First Offer Right") relating to the Transfer of all or any Property. If, at any time during the Right to Purchase Period, Grantor desires to Transfer all or any portion of a Property (the "Offered Property"), Grantor shall first deliver to Offeree written notice (the "Notice of Transfer"), which Notice of Transfer shall state Grantor's desire to Transfer the Offered Property and contain an accurate description of the Offered Property and its proposed operations.
Grant of Right of First Offer. The Offeror hereby grants to the Operating Partnership a right of first offer to acquire all of Offeror’s direct or indirect right, title and interest in each of the Properties, on the terms and subject to the conditions set forth herein (the “Right of First Offer”).
Grant of Right of First Offer. (a) During the Option Period, if Nomura and/or the Trust (for purposes of this Article IV, an "OFFERING STOCKHOLDER") proposes to transfer (in one ---------- transaction or in a series of transactions) any Securities (other than a transfer pursuant to Section 1.1) to another individual or entity not a ----------- party hereto (each, a "PROPOSED TRANSFEREE") (whether or not such Proposed Transferee is currently a holder of Securities of the Company), the Offering Stockholder shall give written notice at least 30 days prior to making any such transfer (the "FIRST OFFER NOTICE") to MEIH of such proposal. The First Offer Notice shall specify the number and type of Securities proposed to be transferred, the proposed price (which must be in cash), terms, and conditions of the transfer and the identity of the Proposed Transferee.
Grant of Right of First Offer. (a) Throughout the Term of this Lease, Tenant shall have one time right of first offer to lease (the “ROFO”) the currently vacant approximately 12,000 Rentable Square Feet in the Building which is identified on Exhibit A-2 (the “ROFO Space”). Landlord shall notify Tenant of the availability of the ROFO Space (“
Grant of Right of First Offer. Provided that, at the time of exercise of this right by Tenant (i) there then exists no Event of Default or condition or state of facts which with the passage of time or giving of notice, or both, would constitute an Event of Default, (ii) this Lease is then in full force and effect, and (iii) Tenant or its Affiliates is in actual occupancy of at least five hundred thousand (500,000) Rentable Square Feet of Office Space in the Building (the "Occupancy Requirement"), Land lord hereby grants to Tenant a right of first offer to purchase the Building and the Land (the "Right of First Offer") on the terms and conditions contained in this Article 24.
