Common use of Lessor’s Recapture Rights Clause in Contracts

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases or assigns or otherwise transfers any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty percent (50%) of the square footage of the Rentable Area of the Building (Recapture Space), and 2). For more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer (“Transfer Notice”). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 2 contracts

Sources: Sublease Agreement (Openwave Systems Inc), Sublease Agreement (Openwave Systems Inc)

Lessor’s Recapture Rights. Notwithstanding any other provision of ------------------------- this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty percent (50%) of the square footage of the Rentable Area of the Building (Recapture Space), and 2). For ) for more than half fifty percent (50%) of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer ("Transfer Notice"). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 2 contracts

Sources: Triple Net Building Lease (At Home Corp), Triple Net Building Lease (At Home Corp)

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes at any time after the first twenty-four (24) months of the Lease Term to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty percent (50%) of the square footage of the Rentable Area of the Building (Recapture Space), and 2). For ) more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer ("Transfer Notice"). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 2 contracts

Sources: Triple Net Building Lease (Informatica Corp), Triple Net Building Lease (Informatica Corp)

Lessor’s Recapture Rights. (a) Lessor's Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty sixty percent (5060%) of the square footage of the Rentable Area of the Building ("Recapture Space), and 2). For ") for more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee ("Recapture Notice") given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer ("Transfer Notice"). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Triple Net Building Lease (Broadvision Inc)

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively affecting, in the aggregate with all other such subleases, assignments, or transfers then in effect) , more than seventy five thousand (75,000) rentable square feet within the Building (“Recapture Space”) for more than the lesser of (i) three (3) years, or (ii) fifty percent (50%) of the square footage of the Rentable Area of the Building (Recapture Space), and 2). For more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer (“Transfer Notice”). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Sublease (Supportsoft Inc)

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty sixty percent (5060%) of the square footage of the Rentable Area of the Building Premises (Recapture Space), and 2). For ”) for more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer (“Transfer Notice”). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Triple Net Space Lease (Broadvision Inc)

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer (to anyone other than an Affiliate) any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty percent (50%) of the square footage of the Rentable Area of the Building (Recapture Space), and 2). For more than half ”) for the major portion of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee (Recapture Notice) given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer (“Transfer Notice”). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Sublease (Biotech Spinco, Inc.)

Lessor’s Recapture Rights. Notwithstanding any other provision of ------------------------- this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer (to anyone other than an Affiliate) any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty percent (50%) of the square footage of the Rentable Area of the Building ("Recapture Space), and 2). For more than half ") for the major portion of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee ("Recapture Notice") given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer ("Transfer Notice"). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Triple Net Building Lease (Phone Com Inc)

Lessor’s Recapture Rights. Notwithstanding any other provision of this Article 11, in the event that Lessee 1). Subleases proposes to sublease or assigns assign or otherwise transfers transfer any interest in this Lease or the Premises or any part thereof affecting (collectively with all other such subleases, assignments, or transfers then in effect) more than fifty sixty percent (5060%) of the square footage of the Rentable Area of the Building ("Recapture Space), and 2). For ") for more than half of the then remaining Lease Term, then Lessor shall have the option to recapture the Recapture Space by written notice to Lessee ("Recapture Notice") given within ten (10) business days after Lessor receives any notice of such proposed assignment or sublease or other transfer ("Transfer Notice"). A timely Recapture Notice terminates this Lease for the Recapture Space, effective as of the date specified in the Transfer Notice. If Lessor declines or fails timely to deliver a Recapture Notice, Lessor shall have no further right under this Section 11.06 to the Recapture Space unless it becomes available again after transfer by Lessee.

Appears in 1 contract

Sources: Triple Net Building Lease (Broadvision Inc)