Common use of Preferential Right to Lease Clause in Contracts

Preferential Right to Lease. Tenant shall have as preferential right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) on the 11th floor of the Building, as show on Exhibit "B" to the Lease (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event of Default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event of Default) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of Lease); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project as of the Date of the Lease.22

Appears in 1 contract

Samples: Office Lease (Infonow Corp /)

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Preferential Right to Lease. a. At any time prior to December 31, 2001, Tenant shall have as preferential right a Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) Lease space located on the 11th floor sixth (6th), seventh (7th) or twelfth (12th) floor(s) of the Building, as show on Exhibit "B" to the Lease Building-12 (the "Preferential Space"), at such time as such space becomes Available ("Available", as defined below) , for direct lease to a new tenant (whether or not a bona fide offer has been made)tenant; provided that there is no uncured Event event of Default exists default under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event of Default) by Tenant and Tenant remains in occupancy of the entire Leased Premises. The For purposes hereof, the Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied]eased; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased, renewed or extended by the current tenant, or any assignee or sublessee thereof, pursuant to a formal lease provision in their lease executed prior to the date of this Twenty-Eighth Amendment; (iv) re-leased, renewed or extended by the then-current tenant of the space by renewaltenant, extension or renegotiation (whether agreed any assignee or sublessee thereof, pursuant to prior a formal lease provision in their lease executed after Tenant has declined to or after the Date of Lease)exercise its preferential rights under Paragraph 7.b. below with respect to such space; or (ivv) subject to an a specific expansion optionright, right of first refusal, refusal or preferential right or similar obligation existing under any other tenant leases for the Project as of the Date date of this Twenty-Eighth Amendment. With respect to any space which may be subject to specific options as outlined in clauses (iv) and (v) above, then Tenant shall have a subordinate preferential right to lease such space under the Lease.22provisions outlined herein.

Appears in 1 contract

Samples: Construction Agreement (A I M Management Group Inc /De/)

Preferential Right to Lease. So long as twenty-four months remain in the initial Term, Tenant shall have as preferential right a Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) Lease an undetermined amount of contiguous Rentable Square Footage on the 11th floor of the Building, as show on Exhibit "B" to the Lease Building (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event of Default) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of LeaseEffective Date); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project Property as of the Date Effective Date. This Preferential Right to Lease shall terminate upon relocation of the Lease.22Premises to another building or upon any Transfer, other than a Permitted Transfer, as defined in the Lease.

Appears in 1 contract

Samples: Office Lease (Varolii CORP)

Preferential Right to Lease. So long as twenty-four months remain in the initial Term, Tenant shall have as preferential right a one-time Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) Lease contiguous space to the Premises located on the 11th 4th floor of the Building, as show shown on Exhibit "B" A to the Lease (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of LeaseEffective Date); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project Property as of the Date Effective Date. This Preferential Right to Lease shall terminate upon, relocation of the Lease.22Premises to another building or upon any Transfer as defined in the Lease. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in the Lease.

Appears in 1 contract

Samples: Office Lease (FusionStorm Global, Inc.)

Preferential Right to Lease. So long as twenty-four months remain in the initial Term, Tenant shall have as preferential right a Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) on Lease all or any portion of the 11th 13th floor of the Building, but in no event less than 11,337 Rentable Square Feet, as show shown on Exhibit "B" “A” to the Lease (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a a, bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of Lease); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project Property as of the Date of Effective Date. This Preferential Right to Lease shall terminate upon any Transfer as defined in the Lease.22Lease. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in the Lease.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

Preferential Right to Lease. Tenant shall have as preferential right a Preferential Right to lease Lease approximately 4,984 RSF 14,478 Rentable Square Feet (+/- 20/-10%, in Landlord's ’s discretion) on the 11th 6th floor of the Building, as show shown on Exhibit "B" B-1 to the Lease this Amendment (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (ia) leased or occupied; (iib) assigned or subleased by the then-current tenant of the space; or (iiic) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date Effective Date). This Preferential Right to Lease shall terminate upon any assignment of Leasethe Lease (other than in connection with a Permitted Transfer); . The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or (iv) subject not pursuant to an expansion option, right of first refusal, preferential right this Amendment or similar obligation existing under any other tenant leases for provision in the Project as of the Date of the Lease.22Lease.

Appears in 1 contract

Samples: Office Lease (NetSpend Holdings, Inc.)

Preferential Right to Lease. So long as thirty-six months remain in the initial Term, Tenant shall have as preferential right a Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) Lease space on the 11th 3rd floor of the Building, as show on Exhibit "B" to Building and the Lease 5th floor of the Building (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; and (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of LeaseEffective Date); or (iv) subject . This Preferential Right to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project as Lease shall terminate upon relocation of the Date Premises to another building by agreement of Landlord and Tenant or upon any Transfer as defined in the Lease.22Lease. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in the Lease.

Appears in 1 contract

Samples: Sublease Agreement (Tropicana Entertainment Inc.)

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Preferential Right to Lease. So long as twenty-four months remain in the initial Term, Tenant shall have as preferential right A Preferential Right to lease Lease up to approximately 4,984 11,400 RSF (+/- +1-20%, in Landlord's discretion) on the 11th 8th floor of the Building, as show shown on Exhibit "B" EXHIBIT A-2 to the Lease Second Amendment (the "Preferential SpacePREFERENTIAL SPACE"), at such time as such space becomes Available (as defined below) for direct lease to a new or existing tenant (whether or not a bona fide offer has been made); provided no uncured Event of Default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event of Default) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "AvailableAVAILABLE" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of Lease); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project as of the Date of Lease. This Preferential Right to Lease shall terminate upon relocation of the Lease.22Premises to another building or upon any Transfer as defined in the Lease. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in the Lease.

Appears in 1 contract

Samples: Office Lease (Eventures Group Inc)

Preferential Right to Lease. So long as 24 months remain in the First Extension Period, Tenant shall have as preferential right a continuing and recurring Preferential Right to lease approximately 4,984 RSF (+/- 20%, in Landlord's discretion) Lease any space on the 11th 15th floor of the Building, as show shown on Exhibit "B" Schedule 1 to the Lease this Rider No. 4 (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premisesentirety of the Premises located on floors 16, 17 and 18. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date of LeaseEffective Date); or (iv) subject to an any expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project Property as of the Date date of full execution of this Amendment, as specified in a separate written notice delivered by Landlord to Tenant contemporaneously with the Lease.22full execution of this Amendment. This Preferential Right to Lease shall terminate upon any Transfer as defined in the Lease, except in the case of a Permitted Transfer. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in this Lease.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

Preferential Right to Lease. So long as 24 months remain in the initial Term, Tenant shall have as preferential right a continuing and recurring Preferential Right to lease Lease any space on the 17th floor not taken pursuant to Riders Nos. 2 and 3 of this Lease, plus approximately 4,984 RSF 10,000 Rentable Square Feet (+/- 20/-20%, in Landlord's ’s discretion) on the 11th floor 16 of the Building, as show shown on Exhibit "B" Schedule 1 to the Lease this Rider No. 4 (the "Preferential Space"), at such time as such space becomes Available (as defined below) for direct lease to a new tenant (whether or not a bona fide offer has been made); provided no uncured Event event of Default default exists under the Lease (and no condition exists which, with the passage of time and/or giving of notice, would be an Event event of Defaultdefault) and Tenant remains in occupancy of the entire Premises. The Preferential Space shall be deemed "Available" at such time as Landlord decides to offer the Preferential Space for lease and such space is not no longer any of the following: (i) leased or occupied; (ii) assigned or subleased by the then-current tenant of the space; or (iii) released re-leased by the then-current tenant of the space by renewal, extension or renegotiation (whether agreed to prior to or after the Date Effective Date). This Preferential Right to Lease shall terminate upon any Transfer as defined in the Lease, except in the case of a Permitted Transfer. The Preferential Space shall be reduced to the extent Tenant leases any portion thereof, whether or not pursuant to a formal option provision in this Lease); or (iv) subject to an expansion option, right of first refusal, preferential right or similar obligation existing under any other tenant leases for the Project as of the Date of the Lease.22.

Appears in 1 contract

Samples: Office Lease (Key Energy Services Inc)

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