Recapture Right. The Cedent may, in its discretion recapture all reinsurance ceded with respect to the Reinsurer at any time during which the Reinsurer may be in insolvency proceedings pending in the courts of the State of New York, USA, subject to the payment of a Terminal Accounting and Settlement, and any Supplemental Settlements that may be necessary or appropriate, as described in Article IX, Paragraphs (3) and (4).
Recapture Right. In lieu of giving or withholding consent pursuant to Paragraph 21.A above, Landlord may, at its option, terminate this Lease (or in the case of a proposed subletting or assignment of a portion of the Premises, elect to terminate this Lease as respects that portion) and release Tenant from any liability under this Lease for Basic Rent and Additional Rent (as to that portion of the Premises involved) accruing after the effective date of such termination ("Landlord's Recapture Right"), subject to the following provisions. Landlord shall exercise Landlord's Recapture Right, if at all, by giving Tenant notice of such exercise not later than thirty (30) days after Tenant notifies Landlord that Tenant desires to assign the Lease or sublease the Premises (whether or not Tenant has located a specific proposed transferee). If Landlord fails to exercise Landlord's Recapture Right within said thirty (30) day period, such right shall be of no further force or effect with respect to the transaction in question. Landlord and Tenant agree and acknowledge that Landlord's Recapture Right as set forth above is intended to permit Landlord to maintain control over the leasing of space in the Premises, to protect its interest in the Premises and to prevent such interest from being impaired. Tenant understands the nature of this right and has approved the recapture provisions in consideration for Landlord's agreement to release Tenant from liability for future Rent due with respect to the recaptured portion of the Premises pursuant to the provisions of this Section.
Recapture Right. 53 17.2 Put Option ................................................................. 63
Recapture Right. (a) Pursuant to the terms of this Section 17.1, during the [***] Sprint may elect to terminate a portion of this Agreement as it relates to certain Spectrum and, subject to the receipt of any required consents or other contractual obligations of Operator with respect to any Operator Controlled Spectrum, to acquire certain Operator Controlled Spectrum in Closed Markets. As used herein, the term "recapture" refers to Sprint's right to terminate this Agreement as to such Spectrum and, subject to the receipt of any required consents or other contractual obligations of Operator with respect to any Operator Controlled Spectrum to acquire such Operator Controlled Spectrum. At any time during the [***] Sprint may from time to time, by providing written notice of Sprint's intent to exercise its recapture rights with respect to a closed Market (a "Recapture Notice"), elect to recapture up to approximately [***] of the total Spectrum and Operator Controlled Spectrum, excluding any Operator Controlled Spectrum that Sprint has elected to exclude pursuant to Section 17.l(h)(iv), in each Closed Market as of the Closing of such Closed Market plus any additional Spectrum or Operator Controlled Spectrum in such Closed Market which after such Closing became subject to this Agreement, less any Spectrum or Operator Controlled Spectrum which is no longer subject to this Agreement pursuant to the terms of this Agreement (other than any Spectrum or Operator Controlled Spectrum which has been the subject to the exercise of the recapture rights, Put Option or Call Option prior to any such election by Sprint). As used herein, "
Recapture Right. Instead of giving or withholding consent pursuant to Section 13.1, Landlord may, within the 30 day period provided in Section 13.1, elect by written notice to Tenant to recapture (that is, to terminate this Lease with respect to) the Premises or, if a proposed Transfer affects only a portion of the Premises, that portion of the Premises. If Landlord so exercises Landlord’s recapture right, Tenant may negate such recapture by delivering written notice to Landlord, within five days of Tenant’s receipt of Landlord’s recapture notice, canceling the proposed Transfer and withdrawing Tenant’s request for consent to the Transfer. If Landlord elects to recapture some or all of the Premises as set forth above, and Tenant does not so negate the recapture, then this Lease will terminate with respect thereto (pursuant to the provisions of this Lease, including without limitation Article 16) as of the date the Transfer would otherwise have occurred as if the Term therefor had expired on such date.
Recapture Right. Business ceded under the agreement shall not be eligible for recapture.
Recapture Right. Business ceded under the agreement shall not be eligible for recapture, provided however, if any Reinsured Contract that was not otherwise known to have been issued by the Company outside New York as of the Effective Date later becomes known as having been issued by the Company outside of New York, the Reinsured Contract shall be recaptured at that time. Upon recapture of any such Reinsured Contract, the Reinsurer shall pay to the Ceding Company, a recapture amount equal to the sum of (1) the modified coinsurance reserve as of the date of recapture plus (2) the greater of the coinsurance reserve as of the date of recapture and the fair value of the coinsured liabilities as calculated by the Ceding Company in accordance with generally accepted accounting principles as of the date of recapture. The Ceding Company shall pay to the Reinsurer a modified coinsurance reserve adjustment equal to the modified coinsurance reserve as of the date of recapture.
Recapture Right. If Tenant vacates or abandons the Premises for a period of at least six (6) months, then and notwithstanding the fact that such vacation or abandonment may not ipso facto constitute a Default, Landlord shall have the right to terminate this Lease and recapture the Premises by giving Tenant a written notice thereof at any time after the expiration of said 6-month period and before Tenant resumes the occupancy of the Premises.
Recapture Right. (a) In the event that Tenant desires to Assign or Sublease all or portion of the Premises pursuant to an Assignment or Sublease that requires Landlord's consent hereunder, Tenant shall give notice to Landlord (the "Assignment or Sublease Notice") of (i) the space to be Assigned or Subleased (the "Proposed Assignment or Sublease Space"), and (ii) the proposed terms and conditions, including without limitation rent and similar charges, at which Tenant proposes to offer the Proposed Assignment or Sublease Space for Assignment or Sublease. Landlord shall notify Tenant as soon as possible but in any event within thirty (30) days of the Assignment or Sublease Notice regarding whether Landlord desires to terminate this Lease as to the Proposed Assignment or Sublease Space or whether Landlord desires to allow Tenant to proceed to attempt to Assign or Sublease such the Proposed Assignment or Sublease Space. In the event that Landlord notifies Tenant within such thirty (30) day period that Landlord desires to terminate this Lease as to the Proposed Assignment or Sublease Space, this Lease shall terminate as to the Proposed Assignment or Sublease Space on the date for commencement of the term therefor as set forth in the Assignment or Sublease Notice. In the event that Landlord notifies Tenant within such thirty (30) day period that Landlord does not want to terminate this Lease as to the Proposed Assignment or Sublease Space or in the event Landlord fails to give Tenant any notice within such thirty (30) days period, then Tenant shall be free to seek an assignee or sublessee thereof subject to Landlord's consent to the extent required hereunder.
Recapture Right. In the event (and only in such event) Tenant proposes to sublease two full floors or more of the Demised Premises for the entire remaining Lease Term the (“Recapture Space”), then Tenant shall first inform Landlord of Tenant’s intent before Tenant commences to market the Recapture Space (the “Recapture Offer Notice”) and shall include with the Recapture Offer Notice a description of the Recapture Space, and a proposed recapture date (the “Recapture Date”). Landlord shall have the right in its sole and absolute discretion to terminate this Lease with respect to the Recapture Space by sending Tenant written notice of such termination within fifteen (15) business days after Landlord’s receipt of Tenant’s Recapture Offer Notice. If Landlord exercises its option to terminate this Lease with respect to the Recapture Space, then (i) Tenant shall tender the Recapture Space to Landlord on the Recapture Date and such space shall thereafter be deleted from the Demised Premises and this Lease shall terminate as to the Recapture Space, on the Recapture Date, and (ii) as to that portion, if any, of the Demised Premises which is not part of the Recapture Space, this Lease shall remain in full force and effect except that Base Annual Rent, Additional Rent and any other calculations hereunder that vary according to the rentable area of the Demised Premises shall be reduced pro rata. Tenant shall promptly execute such lease amendment or other instruments as Landlord may reasonably require to evidence the terms and intent of this Section 4.4. If Tenant has failed to provide the Recapture Offer Notice to Landlord, or if Tenant shall fail to consummate any sublease of the Recapture Space within six (6) months following the date of any Recapture Office Notice sent to Landlord, Tenant shall not have the right to sublease any portion of the Recapture Space without complying with the terms of this Section 4.4.
