Common use of Lease Extensions Clause in Contracts

Lease Extensions. Lessee may, as provided herein but not more than three (3) times, request Lessor to extend the Scheduled Expiration Date of each Lease Agreement for an additional period of one (1) year by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit F(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the then current Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant (other than Novellus Participant) three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant (other than Novellus Participant), in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the then current Scheduled Expiration Date for the Lease Agreements. Any failure by Lessor or any Participant (other than Novellus Participant) so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the then current Scheduled Expiration Date for the Lease Agreements, Agent shall notify Lessee, Lessor and the Participants (other than Novellus Participant) in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the Lease Agreements shall be deemed extended to the date which is one (1) year after the then current Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for the Lease Agreements at any time.

Appears in 1 contract

Samples: Participation Agreement (Novellus Systems Inc)

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Lease Extensions. Lessee may, as provided herein but not more than three (3) times, request Lessor to extend the Scheduled Expiration Date of each the Lease Agreement for an additional period of one (1) year by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit F(2)E, together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve eighteen (1218) months and not less than nine fifteen (915) months before the then current Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant (other than Novellus Participant) three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant (other than Novellus Participant), in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven thirteen (713) months prior to the then current Scheduled Expiration Date for the Lease AgreementsDate. Any failure by Lessor or any Participant (other than Novellus Participant) so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months 364 days prior to the then current Scheduled Expiration Date for the Lease AgreementsDate, Agent shall notify Lessee, Lessor and the Participants (other than Novellus Participant) in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the Lease Agreements Agreement shall be deemed extended to the date which is one (1) year after the then current Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for the Lease Agreements at any time.

Appears in 1 contract

Samples: Participation Agreement (Silicon Valley Group Inc)

Lease Extensions. Lessee may, as provided herein but not more than three (3) times, request Lessor to extend the Scheduled Expiration Date of each the Lease Agreement for an additional period of one (1) year by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit F(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the then current Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant (other than Novellus ParticipantNovellus) three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant (other than Novellus ParticipantNovellus), in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the then current Scheduled Expiration Date for the Lease AgreementsDate. Any failure by Lessor or any Participant (other than Novellus ParticipantNovellus) so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the then current Scheduled Expiration Date for the Lease AgreementsDate, Agent shall notify Lessee, Lessor and the Participants (other than Novellus ParticipantNovellus) in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus ParticipantNovellus), in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the Lease Agreements Agreement shall be deemed extended to the date which is one (1) year after the then current Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus ParticipantNovellus), in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for the Lease Agreements at any time.

Appears in 1 contract

Samples: Participation Agreement (Novellus Systems Inc)

Lease Extensions. Lessee may, as provided herein but not more than three (3) times, request Lessor to extend the Scheduled Expiration Date of each Lease Agreement for an additional period of one (1) year by appropriately completing, executing and delivering to Agent a written request in the form of Exhibit F(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for the requested extension (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the then current Scheduled Expiration Date. Agent shall promptly deliver to Lessor and each Participant (other than Novellus Participant) three (3) copies of each Lease Extension Request received by Agent. If Lessor or a Participant (other than Novellus Participant), in its sole and absolute discretion, consents to a Lease Extension Request, such Person shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Agent not later than the last Business Day which is not less than seven (7) months prior to the then current Scheduled Expiration Date for the applicable Lease AgreementsAgreement. Any failure by Lessor or any Participant (other than Novellus Participant) so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee shall deliver a Lease Extension Request to Lessor pursuant to the first sentence of this Subparagraph 2.09(b), then not later than the last Business Day which is not less than six (6) months prior to the then current Scheduled Expiration Date for the applicable Lease AgreementsAgreement, Agent shall notify Lessee, Lessor and the Participants (other than Novellus Participant) in writing whether (i) Agent has received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case the definition of "Scheduled Expiration Date" set forth in Subparagraph 2.02(a) of the applicable Lease Agreements Agreement shall be deemed extended to the date which is one (1) year after the then current Scheduled Expiration Date (subject to the receipt by Agent of any amounts payable by Lessee in connection with such extension), or (ii) Agent has not received a copy of the Lease Extension Request executed by Lessor and each Participant (other than Novellus Participant), in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for the either Lease Agreements Agreement at any time.

Appears in 1 contract

Samples: Participation Agreement (Novellus Systems Inc)

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Lease Extensions. Lessee mayAs provided in Section 4.3 of the Lease, as provided herein but not more than three (3) times, Tenant may request Lessor Landlord to extend the Scheduled Expiration Date of each the Lease Agreement for an additional period of one (1) year by appropriately completing, executing giving notice to Landlord and delivering Administrative Agent pursuant to Agent a written request in the form of Exhibit F(2), together with an attachment thereto setting forth the terms upon which Lessee would propose for of the requested extension Lease (a "Lease Extension Request"). Lessee shall deliver each Lease Extension Request to Agent not more than twelve (12) months and not less than nine (9) months before the then current Scheduled Expiration Date. Administrative Agent shall promptly deliver to Lessor and each Participant (other than Novellus Participant) Rent Purchaser three (3) copies of each Lease Extension Request received by Administrative Agent. If Lessor or a Participant (other than Novellus Participant)Rent Purchaser, in its sole and absolute discretion, consents to a Lease Extension Request, such Person Rent Purchaser shall evidence such consent by executing and returning two (2) copies of such Lease Extension Request to Administrative Agent not later than the last Business Day which is not less than seven twelve (712) months prior to the then current Scheduled Expiration Date for the Lease AgreementsDate. Any failure by Lessor or any Participant (other than Novellus Participant) Rent Purchaser so to execute and return a Lease Extension Request shall be deemed a denial thereof. If Lessee Tenant shall deliver a Lease Extension Request to Lessor pursuant to Landlord and Administrative Agent as provided in Section 4.3 of the first sentence of this Subparagraph 2.09(b)Lease, then not later than the last Business Day which is not less than six ten (610) months prior to the then current Scheduled Expiration Date for the Lease AgreementsDate, Administrative Agent shall notify LesseeTenant, Lessor Landlord and the Participants (other than Novellus Participant) Rent Purchasers in writing whether (i) or not Administrative Agent has received a copy of the Lease Extension Request executed by Lessor each Rent Purchaser and Landlord shall notify Tenant and Administrative Agent in writing whether Landlord has approved the Lease Extension Request. If such notices indicate that the Lease Extension Request has been executed by each Participant (other than Novellus Participant)Rent Purchaser and approved by Landlord, in which case the definition of "Scheduled Expiration Date" Date set forth in Subparagraph 2.02(a) of the Lease Agreements shall be deemed extended to the date which is one (1) year after set forth in the then current Scheduled Expiration Date Lease Extension Request (subject to the receipt by Administrative Agent and Landlord of any amounts payable by Lessee Tenant in connection with such extension), or (ii) Agent has not received a copy of . If such notices indicate that the Lease Extension Request has not been executed by Lessor and each Participant (other than Novellus Participant)Rent Purchaser or Landlord has not approved the Lease Extension Request, in which case such Lease Extension Request shall be deemed denied. Lessee acknowledges that neither Lessor nor any Participant has promised (either expressly or implicitly), or has any obligation or commitment, to extend or consent to the extension of the Scheduled Expiration Date for the Lease Agreements at any time.

Appears in 1 contract

Samples: Participation Agreement (Adobe Systems Inc)

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