Common use of Limitations On, and Conditions To, Extension Option Clause in Contracts

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer); and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (5) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Vivus Inc)

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Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default (beyond any applicable notice and cure period periods) at any time during the Lease Extended Term, or is in material default (beyond any applicable notice and cure period periods) of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer)Premises; and/or (3) Tenant's ’s financial condition is reasonable unacceptable to Landlord Landlord, is bankrupt, insolvent or unable to pay its debts as they become due at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this RiderExhibit C; and/or (5) Tenant no longer has possession of all or any part of the entire Premises pursuant to under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: First Amendment to Lease Agreement (Tivo Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable notice and cure period at with respect to any of its obligations under the Lease more than one (1) time during the Lease Term, or is in default beyond any applicable notice and cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer)transfer; and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (5) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Forrester Research, Inc.)

Limitations On, and Conditions To, Extension Option. This The Extension Option is personal to the original named Tenant or any transferee executing the Lease, and its Affiliates permitted pursuant to a Permitted Transfer Section 14.7 of the Lease, and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option Rider shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1a) Tenant has been in monetary or other material non-monetary default under this Lease, beyond the expiration of any applicable notice and cure period period, at any time during the Lease Term, or is in monetary or material non-monetary default beyond any applicable cure period of any monetary or other material provision of the Lease Lease, beyond the expiration of any applicable notice and cure period, on the date Landlord receives the Extension Option Notice; and/or (2b) Tenant has assigned its rights and obligations under all or part of the Lease to other than an Affiliate permitted pursuant to Section 14.7 of the Lease, or Tenant has subleased all twenty-five percent (25%) or part more of the Premises in a transfer (except in connection with a Permitted Transfer)to other than an Affiliate permitted pursuant to Section 14.7 of the Lease; and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4c) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Extension Rider; and/or (5d) Tenant Tenant, together with all Affiliates, no longer has possession of at least seventy-five percent (75%) of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Mitek Systems Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarilyinvoluntarily (other than to a Permitted Transferee), separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part one entire floor of the Premises or more in a transfer (except in connection with other than to a Permitted TransferTransferee); and/or (3) Tenant's ’s financial condition is unacceptable to Landlord materially worse at the time the it delivers an Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based than on good faith, taking into consideration all relevant factorsthe date of this Lease; and/or (4) Landlord’s lender disapproves the Extension Option terms; and/or (5) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (56) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Xactly Corp)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable notice and cure period periods at any time during the Lease Terminitial term of the Lease, or is in default beyond any applicable notice and cure period periods of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with for an assignment or sublease to a Permitted Transfer)Transferee; and/or (3) Tenant's ’s financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this RiderAddendum; and/or (5) Tenant no longer has possession subleased more than fifty percent (50%) of the entire Premises pursuant under the Lease to the Leasea third party, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Industrial Lease (Foxhollow Technologies, Inc.)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, assigned separate from or as a part of the Lease. At Landlord's option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period Chronic Default at any time during the Lease Terminitial term of the Lease, or is in default in the performance of any of its obligations under this Lease beyond any applicable cure period periods at the time of any monetary or other material provision Tenant's exercise of the Lease on the date Landlord receives the Extension Option Noticethis Option; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer); and/or (3) Tenant's financial condition is unacceptable to Landlord at the time of Tenant's delivery to Landlord of the Extension Option Notice is delivered to Landlord; (provided, however, that if Landlord determines that there is not any substantial adverse change in Tenant's net profits and net worth as of the date Tenant elects to exercise this Option compared to Tenant's net profits and net worth as of the Commencement Date, then Tenant's then existing financial condition is unacceptable, such determination must shall be based on good faith, taking into consideration all relevant factorsacceptable to Landlord); and/or (43) Tenant has failed to exercise properly the Option described in this Extension Option Addendum in a timely manner in strict accordance with the provisions of this RiderAddendum; and/or (54) Tenant no longer has lawful possession of the entire Premises pursuant to under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Phase Metrics Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and may not be assigned, voluntarily or involuntarily, separate from or as part of the LeaseLease (except in connection with a Permitted Transfer). At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1l) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the initial term of the Lease Term, beyond applicable notice and cure periods or is in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease (except in connection with a Permitted Transfer) or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer); and/or (3) Tenant's ’s financial condition is reasonably unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this RiderAddendum; and/or (5) Tenant no longer has possession of all or any part of the entire Premises pursuant to under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Cafepress Inc.)

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Limitations On, and Conditions To, Extension Option. This Extension Except for an assignment to a Related Entity or to a non-related entity having a net worth of at least Twenty Five Million Dollars ($25,000,000.00) and a net income of at least Four Million Dollars ($4,000,000.00) for the most recent fiscal year, both in accordance with the provisions of Section 16 of the Lease, this Option is personal to Tenant or any transferee pursuant to a Permitted Transfer and Tenant. Otherwise this Option may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. Should the Lease be assigned to a Related Entity or a non-related entity (which has met the above-stated financial criterion) both in accordance with the provisions of Section 16 of the Lease and this Addendum 1, and should the Option be exercised, then Tenant shall in all events and circumstances remain primarily liable to Landlord, and shall not be released or discharged from the performance of Tenant's obligations under the Lease. After the effective date of any assignment, Tenant shall be jointly and severally liable under the Lease for all of Tenant's obligations under the Lease. At Landlord's option, all rights of Tenant under to exercise this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Terminitial term of the Lease, or is currently in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option NoticeLease; and/or (2) Tenant Tenant, the Related Entity, or a non-related entity which has assigned its rights and obligations under all or part of met the Lease or Tenant has subleased all or part of above-stated financial criterion (as the Premises in a transfer (except in connection with a Permitted Transfer); and/or (3case may be) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this RiderAddendum; and/or (53) except for a permitted assignment or sublease as set forth in Section 16 herein, Tenant no longer has possession of all or any part of the entire Premises pursuant to under the Lease, or ; and/or (4) if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Webvan Group Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or (and any transferee pursuant to a Permitted Transfer Transferee) and may not be assigned, voluntarily or involuntarily, otherwise assigned separate from or as part of the Lease. At Landlord's option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in monetary or other material default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with other than pursuant to a Permitted Transfer); and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (5) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Quantenna Communications Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or (and any transferee pursuant to a Permitted Transfer Transferee) and may not be assigned, voluntarily or involuntarily, separate from or as part of the LeaseLease (except to a transferee in connection with a Permitted Transfer). At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) except for a Permitted Transfer, Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer)transfer; and/or (3) Tenant's financial condition is unacceptable to Landlord at Tenant has a tangible net worth and net income as of the time date of the Extension Option Notice Notice, in the aggregate, computed in accordance with Generally Accepted Accounting Principles (but excluding goodwill as an asset), which is delivered to Landlord; provided, however, that if Landlord determines that less than Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors’s tangible net worth and net income as of the date of this Lease; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (5) Tenant no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Office Lease (Serena Software Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant to a Permitted Transfer Transferee and may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default beyond any applicable cure period at any time during the Lease Term, or is in default beyond any applicable cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Notice; and/or (2) Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with pursuant to a Permitted Transfer); and/or (3) Tenant's ’s financial condition is unacceptable to Landlord materially worse at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factorsthan at the date of this Lease; and/or (4) Landlord’s lender disapproves the Extension Option terms; and/or (5) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this Rider; and/or (56) Tenant or a Permitted Transferee no longer has possession of the entire Premises pursuant to the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Gsi Group Inc)

Limitations On, and Conditions To, Extension Option. This Extension Option is personal to Tenant or any transferee pursuant and, other than an assignment to a Permitted Transfer and an Affiliate as part of the Lease, may not be assigned, voluntarily or involuntarily, separate from or as part of the Lease. At Landlord's ’s option, all rights of Tenant under this Extension Option shall terminate and be of no force farce or effect if any of the following individual events occur or any combination thereof occur: (1) Tenant has been in monetary or other material default of the provisions of this Lease beyond any applicable notice and cure period more than two (2) times in any twelve (12) month period at any time during the Lease Terminitial term of the Lease, or at the time of exercise of this Option is then currently in default of any provision of this Lease beyond any applicable notice and cure period of any monetary or other material provision of the Lease on the date Landlord receives the Extension Option Noticeperiod; and/or (2) other than to an Affiliate in accordance with the provisions of Section 14 of the Lease, Tenant has assigned its rights and obligations under all or part of the Lease or Tenant has subleased all or part of the Premises in a transfer (except in connection with a Permitted Transfer)Premises; and/or (3) Tenant's financial condition is unacceptable to Landlord at the time the Extension Option Notice is delivered to Landlord; provided, however, that if Landlord determines that Tenant's financial condition is unacceptable, such determination must be based on good faith, taking into consideration all relevant factors; and/or (4) Tenant has failed to exercise properly this Extension Option in a timely manner in strict accordance with the provisions of this RiderAddendum; and/or (54) Tenant or an Affiliate, as the case may be, no longer has possession of all or any part of the entire Premises pursuant to under the Lease, or if the Lease has been terminated earlier, pursuant to the terms and provisions of the Lease.

Appears in 1 contract

Samples: Lease Agreement (Proofpoint Inc)

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