Common use of Renewal Terms Clause in Contracts

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.

Appears in 2 contracts

Samples: Lease Agreement (Republic Airways Holdings Inc), Lease Agreement (Republic Airways Holdings Inc)

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Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a -32- "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.

Appears in 2 contracts

Samples: Lease Agreement (Republic Airways Holdings Inc), Lease Agreement (Republic Airways Holdings Inc)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right and option to extend renew this Lease Agreement for successive periods three (3) terms of one year each five (each a "Fixed Renewal Term")5) years each, but for not more than an aggregate of two years. Subject to so long as, in the final sentence of this Section 13(a), at the end opinion of the second Fixed Renewal Term Lessee, there remains economically minable and commercially saleable coal underlying the leased premises. The first renewal terms of five (provided that 5) years shall begin on the Lessee expiration of the initial term and each further and other renewal term of five (5) years each shall have elected to extend this Lease for such Fixed Renewal Term), begin upon the expiration of the immediately preceding renewal term. Lessee shall have the right and option to extend renew this Lease for up Agreement from year to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before following the expiration of the Basic Term or fourth (4th) term of five (5) years until all the preceding Renewal Term, economically minable and commercially saleable coal has been removed. Each renewal term shall be upon the same terms and conditions as the case may beinitial term subject to adjustments of the minimum and advance royalty as provided in paragraph 4. Such notice Notice of Lessee's intention to exercise its option to renew shall be irrevocable except that in the event the Lessee gives such notice to given the Lessor 240 or more days before the end in writing at least three (3) months in advance of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination expiration date of the Fair Market Rental Value of initial term and, if the Aircraft but in no event later than 210 days prior option is exercised to the end of the Basic Term or the preceding Renewal Termrenew this Agreement for additional renewal terms, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before three (3) months in advance of the expiration of the Basic Term immediately preceding renewal term. Lessee must be actively mining upon the leased premises to renew or a Renewal Termextend the lease beyond the second five (5) year term. Any minimum and advance royalty payment which, as at the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date termination of the commencement initial term of any Renewal Termthis Agreement, then this Lease shall not have been fully recovered by the credit of earned tonnage royalty against such minimum and advance royalty payments, shall be extended for the additional period carried forward to each succeeding renewal term or terms of such Renewal Term as specified this Agreement and applied in such notice on renewal term or terms against all earned tonnage royalty in excess of the same conditions as provided for hereinamount of tonnage royalty required or otherwise necessary to recoup the minimum and advance royalty paid during such renewal term or terms of this Agreement. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value right and option of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior Agreement shall be subject to and subservient to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Lessor's right to terminate this Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedset forth in paragraph 18.

Appears in 1 contract

Samples: Lease and Mining Agreement (International Coal Group, Inc.)

Renewal Terms. Subject to the final sentence Provided that no material Team Event of Default shall have occurred and be continuing under this Section 13(a), upon expiration of the Basic TermAgreement, the Lessee Team shall have the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence term of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease Agreement for up to two successive four (4) consecutive renewal periods of one year five (5) years each (if exercised, each five (5) year period being referred to as a "Fair Market Value Renewal Term"; each Fixed Renewal ,” and the Initial Term and each Fair Market Value all Renewal Terms referred to together as the “Term”). To extend the term of this Agreement for a Renewal Term, being hereinafter sometimes called a "Renewal Term"the Team must give written notice to the Authority not later than one (1) provided that year prior to the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end expiration of the Basic Initial Term or the preceding Fixed current Renewal Term, as the case may be (the “Renewal Date(s)”). This Agreement shall be renewed subject to all of the terms and conditions contained herein as in effect on the Renewal Date. With respect to any potential sources of funding from the State or any of its political subdivisions for a Fair Market Value Renewal Term for the Capital Projects Fund and Operating Expenses which are not presently provided for by the Act or other Applicable Law, the Authority will commence at make good faith efforts, in coordination with the end of the second Fixed Renewal Term (provided that the Lessee shall have elected Team, to extend this Lease identify and advocate for such Fixed Renewal Termfunding sources at least five (5) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right years prior to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Initial Term or the preceding any applicable Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests Team fails to properly provide such renewal notice on or before a determination Renewal Date, or if the Parties are unable to secure adequate sources of Fair Market Rental Value at least 240 days before funding from one or more Governmental Authorities for such Renewal Term prior to the expiration of the Basic Initial Term or a Renewal Term, as the case may be, this Agreement shall expire, absolutely and without the Lessor need for notice from either Party to the other and thereafter the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default Team shall have occurred no obligation to play any Team Game in the Stadium. The Authority acknowledges and be continuing on agrees that, if adequate funding sources from the date State or any of such notice its political subdivisions for the Capital Projects Fund and Operating Expenses are not committed, by Applicable Law or on otherwise, for any Renewal Term at least three (3) years prior to the date expiration of the commencement Initial Term or any current Renewal Term, as the case may be, it will be reasonable, appropriate and commercially prudent for the Team to (i) explore options with third Persons regarding a new or different facility in which to play Team Games following expiration of the Initial Term or any Renewal Term, then this Lease shall be extended for as the additional period of case may be, and (ii) enter into such Renewal Term agreements, contracts and understandings with such third Persons as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis are mutually acceptable to the projected Fair Market Sales Value for the Aircraft at the end of Team and such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedthird Persons.

Appears in 1 contract

Samples: Stadium Use Agreement

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee (a) Tenant shall have the right, at its option, to renew the Term of this Lease with respect to all, and only all, of the then Premises for two (2) terms of five (5) years each, (each a “Renewal Term”); provided, the parties agree that notwithstanding the characterization of such right as a renewal right the parties intend that such right constitutes a right to extend this Lease the Term and that no further writing must be signed by Landlord in order for successive periods of one year each Tenant to exercise such right and/or for such exercise to be binding on Landlord and Tenant (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject subject to the final sentence of this Section 13(aterms hereof), at the end of the second Fixed . A Renewal Term (provided that shall commence on the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before day after the expiration of the Basic prior Term or and shall expire on the preceding Renewal Term, fifth (5th) anniversary of such commencement date. Each option to renew the Term of this Lease as the case may be. Such notice described above shall be irrevocable except that in the event the Lessee gives such exercisable by Tenant giving notice to Landlord (the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later Notice”) not less than 210 three hundred sixty five (365) days prior to the end Lease Expiration Date or the last day of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a first Renewal Term, as the case may be, Time shall be of the Lessor essence with respect to the date of exercising each option, any principle of law to the contrary notwithstanding, Except for the Fixed Rent and the Lessee obligation of Landlord to give a Tenant Improvement Allowance, the terms and conditions of this Lease shall comply apply to the Renewal Term with the same force and effect as if such Renewal Term had originally been included in the Primary Term of this Lease. All Rent shall commence on the first day of each Renewal Term. The right of Tenant to a timely manner with their respective obligations under Renewal Term shall be conditioned upon the definition following: (i) no Event of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing remain uncured (A) as of the date on which the Renewal Notice has been delivered, and (B) on the date of such notice Lease Expiration Date or on the date last day of the commencement of any first Renewal Term, then as the case may be; (ii) this Lease shall be extended for the additional period of such Renewal Term in full force and effect as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be Lease Expiration Date or the Fair Market Sales Value for last day of the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such first Renewal Term, but in both cases determined prior to as the commencement of such case may be; and (iii) the named Tenant shall not have assigned this Lease, or, at any time during the Primary Term or the first Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at , as the end case may be, subleased all or any portion of the Basic TermPremises, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior except for subleases or assignments to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedAffiliates or Successors.

Appears in 1 contract

Samples: Assignment and Assumption of Lease (SpringWorks Therapeutics, Inc.)

Renewal Terms. Subject Provided no uncured Event of Default exists at the time Tenant exercises its option to extend the final sentence of this Section 13(a), upon expiration of the Basic Term through any Renewal Term, the Lessee Tenant shall have the right and option to extend the Term of this Lease for successive periods two (2) Renewal Terms of one year each five (each a "Fixed 5) years each, conditioned upon Tenant exercising such option for Renewal Term"), but for Terms by delivering written notice to Landlord not less than six (6) and not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term twelve (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term"12) provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days months prior to the end of the preceding Term, time being of the essence. If for any reason Landlord does not timely receive such written notice of the exercise of such Renewal Terms, such Renewal Term shall automatically terminate. The Tenant will exercise the Renewal Terms on the same terms and conditions as the then previous term, except that Annual Basic Rental for the first Renewal Term or will be increased by two percent (2%) of the preceding Annual Basic Rental in effect for the previous year. Thereafter during each Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Annual Basic Rental Value at least 240 days before the expiration shall increase by two percent (2%) of the Annual Basic Term or a Renewal Term, Rental in effect as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 previous year. Upon receipt of any request by Tenant delivered within sixty (60) days prior to the end last date for exercise of Tenant’s option, Landlord shall provide to Tenant a written statement setting forth Landlord’s determination of the Annual Basic Rental. Upon commencement of the Renewal Term, Owner Participant notifies Lessee except for the calculation of Annual Basic Rental, which shall be calculated as set forth above, all references in the Lease to “Term” shall be construed to mean Renewal Terms. EXHIBIT F GUARANTY OF LEASE THIS GUARANTY OF LEASE (this "Guaranty") is made and entered into this ______ day of July , 2007 by__________________________ (“Guarantor”), to and for the benefit of [Cirrus/GH General Entity], a_________________ ("Landlord"), delivered pursuant to that it is demanding certain Hospital Lease Agreement ("Lease") dated ___________ between GlobalRehab, LP, a_________ ("Tenant"), and Landlord. KNOW ALL MEN BY THESE PRESENTS: That for good and valuable consideration, the receipt and sufficiency whereof are hereby acknowledged, Guarantor, intending to be legally bound, does hereby guarantee to Landlord, its successor and assigns, the full and prompt payment by Tenant, its successors and assigns of a deficiency amount all obligations of the Tenant under the Residual Value Guarantee Agreement and certifies to Lessee Lease arising or otherwise accruing on or before the appraised fair market sales value last day of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount seventh (7th) Year (hereafter defined) of the deficiency so claimed.Term (hereafter defined), subject to the following limitations:

Appears in 1 contract

Samples: Hospital Lease Agreement (Cornerstone Healthcare Plus Reit, Inc.)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon Upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods a period of one year each (each a the "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at At the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each the Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Fair Market Renewal Terms shall not exceed three years and the aggregate term of all Renewal Terms shall not exceed four years. A The Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first preceding Fair Market Value Renewal Term, as the case may be, it being understood that the Fixed Renewal Term may not follow a Fair Market Value Renewal Term. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any the Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be equal to the sum of (x) the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term, plus (y) accrued Basic Rent through the applicable Termination Date (other than a Termination Date coinciding with a Basic Rent Payment Date). If the Lessee gives notice elects to Lessor that it will exercise its right to renew extend this Lease at for a Renewal Term pursuant to this Section 13(a), the end Lessor and the Lessee shall enter into a supplement or amendment to this Lease setting forth the Termination Dates during such Renewal Term, the Termination Values as of such Termination Dates, the Basic Term, notwithstanding Rent Payment Dates during such notice Lessee may not exercise such right if, not later than 150 days prior to the end of Renewal Term and the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for Rent payable on such claim and the amount of the deficiency so claimedBasic Rent Payment Dates.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year or two years each (each a "Fixed Renewal Term"), but for not more than an aggregate of two three years. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term or at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such any Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four six years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Basic Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the lesser of (i) the then Fair Market Rental Value for the Aircraft and (ii) Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi- annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its Lessee's right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior Term is subject to the end condition precedent that the Owner Participant shall have agreed in writing with Lessee not to demand payment of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under Payment Amount (as defined in the Residual Value Guarantee Agreement and certifies Agreement) pursuant to Lessee the appraised fair market sales value Section 4(a) of the Aircraft as determined under Residual Agreement within the Residual Value Guarantee Agreement that is the basis for such claim period specified therein (unless an Event of Default shall thereafter occur and the amount of the deficiency so claimedbe continuing).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence The term of this Section 13(a), upon expiration Master Lease may be extended for four (4) separate “Renewal Terms” of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year five (5) years each if: (each a "Fixed Renewal Term"a) at least twelve (12), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term eighteen (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term"18) provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days months prior to the end of the Basic Term or the preceding then current Term, Xxxxxx delivers to Landlord a “Renewal Notice” that it desires to exercise its right to extend this Master Lease for one (1) Renewal Term, as the case may be. If the Lessee requests a determination ; and (b) no Event of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice Landlord receives the Renewal Notice (the “Exercise Date”) or on the date last day of the commencement of then current Term. During any such Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term except as specified in such notice on the same conditions as otherwise specifically provided for herein, all of the terms and conditions of this Master Lease shall remain in full force and effect. The Basic Rent payable per annum during any Fixed Renewal Term shall be Tenant may exercise such options to renew with respect to all (and no fewer than all) of the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be Facilities which are subject to this Master Lease as of the then Fair Market Rental Value for Exercise Date; provided, however, that the Aircraft. Such rental during exercise of each Renewal Term shall be payable monthly. The Termination Value of applicable with respect to each Barge-Based Facility only if an Expert has confirmed prior to the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of applicable Exercise Date (but no more than 180 days prior thereto) that exercising such Renewal Term declining on a straight line basis with respect to such Barge-Based Facility would not cause the projected Fair Market Sales Value for aggregate Term to exceed eighty percent (80%) of the Aircraft at the end useful life of such Renewal Term, but in both cases determined prior to Barge-Based Facility as measured from the commencement Commencement Date or the estimated residual fair market value of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease Barge-Based Facility at the end of the Basic Termapplicable Renewal Term to be less than 20% of the fair market value of such Barge-Based Facility as of the Commencement Date without regard to inflation or deflation. If exercising any Renewal Term would cause the aggregate Term to exceed eighty percent (80%) of any Barge-Based Facility’s estimated useful life, notwithstanding then (i) the remainder of the Leased Property (other than any Barge-Based Facility for which the aggregate Term would exceed eighty percent (80%) of such notice Lessee may not exercise Barge-Based Facility’s estimated useful life or the estimated residual fair market value of such right if, not later than 150 days prior to Barge-Based Facility at the end of the Basic applicable Renewal Term to be less than 20% of the fair market value of such Barge-Based Facility as of the Commencement Date without regard to inflation or deflation) shall continue to be demised hereunder for the entire applicable Renewal Term, Owner Participant notifies Lessee and (ii) each such Barge-Based Facility shall be included in such Renewal Term only for the period of time that it is demanding payment within (and does not exceed) eighty percent (80%) of a deficiency amount under the Residual estimated useful life of such Barge-Based Facility and the estimated residual Fair Market Value Guarantee Agreement and certifies to Lessee of such Barge-Based Facility at the appraised end of the applicable Renewal Term shall be not less than 20% of the fair market sales value of such Barge-Based Facility as of the Commencement Date without regard to inflation or deflation and shall thereafter not be a part of the Leased Property hereunder and the Base Rent due hereunder shall thereafter be reduced to account for the period of time each such Barge-Based Facility is not part of the Leased Property by an amount determined in accordance with the formula set forth in Section 14.6 hereof and such Barge-Based Facility and the Tenant’s Property related thereto shall be sold at fair market value, with Landlord entitled to the value of the Aircraft as determined under Leased Property relating to such Barge-Based Facility and Tenant entitled to the Residual Value Guarantee Agreement that is the basis for such claim and the amount value of the deficiency so claimedTenant’s Property relating to such Barge-Based Facility.

Appears in 1 contract

Samples: Master Lease (Gaming & Leisure Properties, Inc.)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year or two years each (each a "Fixed Renewal Term"), but for not more than an aggregate of two three years. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term or at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such any Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four six years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Basic Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the lesser of (i) the then Fair Market Rental Value for the Aircraft and (ii) Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its Lessee's right to renew this Lease at pursuant to this Section 13(a) is subject to the condition precedent that either (i) the Lessor shall have agreed in writing with Lessee not to demand payment of the Payment Amount (as defined in the Residual Agreement) pursuant to Section 4(a) of the Residual Agreement within the period specified therein (unless a Specified Default shall thereafter occur and be continuing); or (ii) the Lessor shall have received a residual value agreement which is either (x) a renewal of the Residual Agreement through the end of the Basic applicable Renewal Term, notwithstanding such notice Lessee may not exercise such right ifor (y) a residual value agreement that is substantially identical to the Residual Agreement or otherwise fully acceptable to the Lessor from or guaranteed by an institution, not later than 150 days prior the senior unsecured debt obligations of which are rated "A/A2" or better by Standard & Poor's Ratings Group or Xxxxx'x Investors Service, Inc. and which (as to clauses (x) and (y)) is in an amount which protects the Lessor's Net Economic Return through the end of the Basic Renewal Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales providing residual value of the Aircraft protection as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.provided in Exhibit B.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee Tenant shall have the absolute and unconditional right and option (each such right and option, a “Renewal Option”) to extend and renew this Lease upon the same terms and conditions as this Lease, for seven additional successive periods of one year five years each (each a "Fixed Renewal Term"), but for not more than and an aggregate of two years. Subject to eighth additional successive period ending on the final sentence of this Section 13(a), at the end last day of the second Fixed Renewal Term (provided month that includes the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end fiftieth anniversary of the Basic Term or Opening Date (the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal TermTerms”) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before following the expiration of the Basic Initial Term. Wherever this Lease refers to the “Term,” such reference shall be deemed to mean the Initial Term, as extended from time to time pursuant to Tenant’s Renewal Options to include one or more Renewal Terms, so that upon Tenant’s exercise of any Renewal Option, the “Term” shall be redefined and extended to include the corresponding Renewal Term arising pursuant to such Renewal Option. Each Renewal Term shall commence immediately upon the expiration of the Initial Term or the preceding Renewal Term, as the case may be. Such notice , and except as otherwise provided herein, shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease expire at the end of the Basic Termlast day before the day that is the fifth anniversary of the day on which such Renewal Term commenced. At the expiration or termination of the final Renewal Term provided for herein, notwithstanding such notice Lessee may not exercise such Tenant shall have the right if, not later than 150 to extend this Lease under the then prevailing market rates and terms for ground leases in the Shreveport/Bossier City area to owners and/or operators of riverboat gaming casinos. Tenant shall notify Landlord in writing at least ninety (90) days prior to the end expiration of the Basic Term, Owner Participant notifies Lessee that it is demanding payment final Renewal Term of a deficiency amount under its desire to further extend the Residual Value Guarantee Agreement and certifies to Lessee term of this Lease upon the appraised fair market sales value expiration or termination of the Aircraft as determined under final Renewal Term provided for herein. Upon the Residual Value Guarantee Agreement that receipt of such Notice from Tenant, Landlord and Tenant shall negotiate in good faith in an attempt to agree upon the terms of, and rent to be paid during, any extension of this Lease. If Landlord and Tenant are unable to agree upon such terms and rent by the date which is forty-five (45) days prior to the basis for such claim and the amount expiration or termination of the deficiency so claimedfinal Renewal Term provided for hereunder, such terms and rent shall be decided by arbitration conducted in accordance with Section 3.01(c) of this Lease. Any extension of this Lease shall be limited to the extent required by applicable law.

Appears in 1 contract

Samples: Ground Lease (Eldorado Resorts, Inc.)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year two years each (each a "Fixed Renewal Term"), but for not more than an aggregate of two four years. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term or at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such any Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four six years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Basic Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 180 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 210 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 180 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 210 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Event of Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the lesser of (i) the then Fair Market Rental Value for the Aircraft and (ii) Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its Lessee's right to renew this Lease at pursuant to this Section 13(a) is subject to the condition precedent that either (i) the Owner Participant shall have agreed in writing with Lessee not to demand payment of the Payment Amount (as defined in the Residual Agreement) pursuant to Section 4(a) of the Residual Agreement within the period specified therein (unless an Event of Default shall thereafter occur and be continuing); or (ii) the Owner Participant shall have received a residual value agreement which is either (x) a renewal of the Residual Agreement, or (y) a residual value agreement that is substantially identical to the Residual Agreement or otherwise fully acceptable to the Owner Participant from or guaranteed by an institution, the senior unsecured debt obligations of which are rated "A/A2" or better by Standard & Poor's Ratings Group or Xxxxx'x Investors Service, Inc. and which (as to clauses (x) and (y)) is in an amount which protects the Owner Participant's Net Economic Return through the end of the Basic Renewal Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales providing residual value of the Aircraft protection as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.provided in Exhibit B.

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the The Lessee shall have the right to extend this Lease for successive periods a period of one year each ___ years beyond the expiration of the Basic Term (each a the "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at At the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to further extend this Lease for up to two any number of successive periods of not less than one year each (each a "Fair Market Value Subsequent Renewal Term"; each the Fixed Renewal Term and each Fair Market Value Subsequent Renewal Term, being hereinafter sometimes called a ("Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years). A The Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Subsequent Renewal Term will commence at the end of the second Fixed Renewal Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Subsequent Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, Lessor not less than 210 days nor more than 365 120 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 180 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 90 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 180 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the -30- Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any the Fixed Renewal Term shall be the Renewal lesser of (i) the then Fair Market Rental Rate identified on Exhibit B. Value for the Aircraft and (ii) [__%] of the average annual Basic Rent over the Basic Term. The rental payable per annum during any Fair Market Value Subsequent Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the lesser of the Fair Market Sales Value for the Aircraft thereof at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end Term or ___% of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedLessor's Cost.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Renewal Terms. Subject There are two sets of renewal periods (each a “Renewal Period”). Each Renewal Period will have three successive Fair Market Renewal Terms, each with a term equal to the final sentence of this Section 13(a), upon expiration one-third ( 1/3) of the Basic Term, applicable Adjusted Remaining Useful Life of the Platform for such Renewal Period. Lessee shall have the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend renew this Lease for up to two three (3) successive periods of one year each (each a "Fair Market Value Renewal Term"; Terms for the Renewal Period commencing immediately after the end of the Initial Lease Term and for three additional successive Fair Market Renewal Terms for the Renewal Period commencing immediately after the third Fair Market Renewal Term of the first Renewal Period. Lessee’s right to renew this Lease for each Fixed successive Fair Market Renewal Term is conditioned upon the Lessee having elected the immediately preceding Fair Market Renewal Term and each Fair Market Value Renewal Termhaving given written notice of its election in accordance with Section 5.3. Anything to the contrary notwithstanding, being hereinafter sometimes called it shall be a "Renewal Term") provided that condition to the aggregate term renewal of all Renewal Terms shall not exceed four years. A Fixed this Lease for any Renewal Term will commence that (a) the appraiser appointed pursuant to Section 5.3 hereof Spinnaker Lease Agreement 2005-l shall have determined that at the end of each Renewal Period there remains 20% residual value in the Basic Term or the preceding Fixed Renewal TermUndivided Interest, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that b) the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice provide security to the Lessor, specifying the nature of the Renewal Termin form, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Termsubstance and amount, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice satisfactory to the Lessor 240 Owner Participant, in its sole discretion, (c) no Lease Event of Default or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Significant Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on as of the date time that any Preliminary Notice is delivered by the Lessee to the Lessor and (d) no Lease Default and no Lease Event of such notice or on the date of Default shall have occurred and be continuing at the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.

Appears in 1 contract

Samples: Production Platform Lease Agreement (Spinnaker Exploration Co)

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Renewal Terms. Subject to (a) Provided that Tenant is not then in default under the final sentence of this Section 13(a)Lease, upon expiration of the Basic Term, the Lessee Tenant shall have the right option to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to renew the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one (2) consecutive three (3) year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms subject to the terms of this Section 1. In the event that Tenant desires to renew the Lease it shall not exceed four years. A Fixed Renewal Term will commence give notice in writing to Landlord at least one hundred eighty (180) days prior to the end Expiration Date (or the expiration date of the Basic Term or the preceding Fixed then current Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end applicable), time being of the second Fixed essence. All of the terms and conditions of the Lease shall remain in effect during the Renewal Term (provided Terms, except that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of Rent payable during the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature year of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis an amount equal to the projected Fair Market Sales Value for lesser of (i) the Aircraft at Fixed Rent in effect on the end of such Renewal Term, but in both cases determined day immediately prior to the commencement of such Renewal Term plus three percent (3%) per annum and (ii) the Market Rental (defined below) for the Premises as of the first day of the applicable Renewal Term, and thereafter the Fixed Rent shall increase on each anniversary of the commencement of such Renewal Term by three percent (3%) per annum. Tenant shall have no option to renew the Lease beyond the expiration of the second (2nd) Renewal Term. If Lessee gives notice Landlord shall have no obligation to Lessor that it will exercise its right perform any fit out work for Tenant in connection with any Renewal Term. In determining the Market Rental, the parties shall take into consideration the Fixed Rent and the Additional Rent payable under the Lease adjusted by the following: (i) rental abatement concessions, if any, being granted to renew this Lease at tenants in connection with comparable space for a lease renewal; (ii) tenant improvements or tenant improvement allowances provided or to be provided for the end comparable space for a lease renewal; (iii) all other monetary and non-monetary concessions (including free rent or fit-out periods) if any being granted to tenants in connection with the comparable space for a lease renewal; (iv) brokerage commissions; and (v) the creditworthiness of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end tenant. The Market Rental shall include a determination of the Basic annual increases to Fixed Rent during the Renewal Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.

Appears in 1 contract

Samples: Lease Agreement (Biospecifics Technologies Corp)

Renewal Terms. Subject to A. Provided that both at the final sentence of this Section 13(a), upon expiration time of the Basic Term, exercise of the Lessee shall have the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), options hereinafter set forth and at the end time of the second Fixed commencement of the applicable Renewal Term (provided that the Lessee shall have elected to extend as hereinafter defined this Lease is in full force and effect and provided, further, that Tenant is not then in default hereunder beyond any applicable notice and grace periods, then Tenant is hereby granted the options to renew the Term for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive (2) additional periods of one year five (5) years each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Termeach, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years). A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed The first Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed "First Renewal Term") or shall commence at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Original Lease Term or and the preceding second Renewal Term ("Second Renewal Term, as the case may be. Such notice ") shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before commence immediately after the expiration of the Basic First Renewal Term and shall expire on the fifth (5th) anniversary of the expiration date of the First Renewal Term. Tenant shall exercise each option to renew, if at all, by delivering notice of such election (each such notice, a "Renewal Notice") to Landlord not less than twelve (12) months but not more than eighteen (18) months prior to the expiration of the immediately preceding Term. In the event that Landlord does not receive a Renewal Notice prior to the expiration of such time period (time being of the essence with respect thereto), then such option to renew the Term shall, upon the expiration of such time period, become null and void and be of no further force or effect and Tenant shall, at the request of Landlord, execute an instrument in form and substance acceptable to Landlord confirming such facts. If Tenant fails to execute such instrument within ten (10) days after receipt thereof from Landlord, then such failure shall be a default by Tenant hereunder. In the event Tenant fails to timely exercise its option to renew the Term in respect of the First Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default Tenant shall have occurred and be continuing on no option to renew the date of such notice or on the date Term in respect of the commencement of any Second Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Each Renewal Term shall be upon the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term same terms and conditions of this Lease except that Tenant shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right have no option to renew this Lease at beyond the end expiration of the Basic Second Renewal Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimed.

Appears in 1 contract

Samples: And Option Agreement (Ha Lo Industries Inc)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for successive periods of one year or two years each (each a "Fixed Renewal Term"), but for not more than an aggregate of two three years. Subject to Upon expiration of the final sentence of this Section 13(a), Basic Term or at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such any Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a ("Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four six years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Basic Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the lesser of (i) the then Fair Market Rental Value for the Aircraft and (ii) Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its Lessee's right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior Term is subject to the end condition precedent that the Owner Participant shall have agreed with Lessee not to demand payment of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under Payment Amount (as defined in the Residual Value Guarantee Agreement and certifies Agreement) pursuant to Lessee the appraised fair market sales value Section 4(a) of the Aircraft as determined under Residual Agreement within the Residual Value Guarantee Agreement that is the basis for such claim period specified therein (unless an Event of Default shall thereafter occur and the amount of the deficiency so claimedbe continuing).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration The term of the Basic Term, Loan Agreement automatically renews for one (1) ------------- year periods unless terminated in accordance with Section 4.2 of the Lessee shall have Loan Agreement. Section 4.2.1 of the right to extend this Lease for successive periods of one year each (each a "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), Loan Agreement provides that at the end of the second Fixed Original Term or any Renewal Term, upon at least ninety (90) days prior written notice, Lenders may terminate the Loan Agreement as of the last day of the Original Term or any Renewal Term (provided the date which is ninety-one (91) days prior to the last day of the Original Term or any Renewal Term is herein the "Termination Notice Date"). At least thirty (30) days prior to each Termination Notice Date, FCC shall provide to the Lenders written notice of the Termination Notice Date and shall request that the Lessee shall have elected Lenders advise FCC if they will agree to extend this Lease for continue as a Lender in any such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that such notice herein the Lessee "Renewal Request Notice"). Within fifteen (15) days after the Renewal Request Notice (the date which is fifteen (15) days after the Renewal Request Notice, herein the "Lender Determination Date"), each Lender shall have elected advise FCC if such Lender will agree to extend this Lease for such Fixed continue as a Lender during the applicable Renewal Term. If a Lender does not agree to such renewal or if a Lender fails to advise FCC of its decision with respect to such renewal by the Lender Determination Date, FCC shall either (a) terminate the Loan Agreement in accordance with Section 4.2.1 or (b) prior to or at the end of the first Fair Market Value Original Term or, if applicable, the then current Renewal Term, as purchase such Lender's Loans and other interests in the case may becredit facilities for the full amount thereof, together with all interests, fees, costs or other amounts owing in respect thereof. Such right In addition, if FCC fails to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of give the Renewal TermRequest Notice and does not then terminate the Loan Agreement, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Original Term or, if applicable, the then current Renewal Term, notwithstanding FCC agrees to purchase such notice Lessee may not exercise such right ifLender's Loans and other interests in the Credit Facilities for the full amount thereof, not later than 150 days prior together with all interests, fees, costs or other amounts owing in respect thereof, provided that the foregoing shall be the sole and exclusive obligation and liability of FCC to the end Lenders arising out of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies FCC's failure to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for give such claim and the amount of the deficiency so claimednotice.

Appears in 1 contract

Samples: Agency and Interlender Agreement (United Natural Foods Inc)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee shall have the right to extend this Lease for a period of two years (the "Fixed Renewal Period") or for two successive periods of one year (an extension for the Fixed Renewal Period and each (such period of one year, each a "Fixed Renewal Term"), but for provided that the aggregate term of all Fixed Renewal Terms shall not more than an aggregate of exceed two years. Subject to the final sentence of this Section 13(a), at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term)Period, the Lessee shall have the right to extend this Lease for up to two any number of successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Fair Market Value Renewal Terms shall not exceed four years and the aggregate term of all Renewal Terms shall not exceed six years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be be, and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that Period or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first preceding Fair Market Value Renewal Term, as the case may bebe (it being understood that a Fixed Renewal Term may not follow a Fair Market Value Renewal Term). Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature and duration of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be equal to the sum of (x) the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term, plus (y) accrued Basic Rent through the applicable Termination Date (other than a Termination Date coinciding with a Basic Rent Payment Date). If the Lessee gives notice elects to extend this Lease for a Renewal Term pursuant to this Section 13(a), the Lessor that it will exercise its and the Lessee shall enter into a supplement or amendment to this Lease setting forth the Termination Dates during such Renewal Term, the Termination Values as of such Termination Dates, the Basic Rent Payment Dates during such Renewal Term and the Basic Rent payable on such Basic Rent Payment Dates. Lessee's right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior Term is subject to the end condition precedent that the Owner Participant shall have agreed in writing with Lessee not to demand payment of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under Payment Amount (as defined in the Residual Value Guarantee Agreement and certifies Agreement) pursuant to Lessee the appraised fair market sales value Section 4(a) of the Aircraft as determined under Residual Agreement within the Residual Value Guarantee Agreement that is the basis for such claim period specified therein (unless an Event of Default shall thereafter occur and the amount of the deficiency so claimedbe continuing).

Appears in 1 contract

Samples: Lease Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the The Lessee shall have the right to extend this Lease for successive periods a period of one year each ___ years beyond the expiration of the Basic Term (each a the "Fixed Renewal Term"), but for not more than an aggregate of two years. Subject to the final sentence of this Section 13(a), at At the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to further extend this Lease for up to two any number of successive periods of not less than one year each (each a "Fair Market Value Subsequent Renewal Term"; each the Fixed Renewal Term and each Fair Market Value Subsequent Renewal Term, being hereinafter sometimes called a ("Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years). A The Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Subsequent Renewal Term will commence at the end of the second Fixed Renewal Term (provided that or the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value preceding Subsequent Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, Lessor not less than 210 days nor more than 365 120 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 180 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 90 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 180 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any the Fixed Renewal Term shall be the Renewal lesser of (i) the then Fair Market Rental Rate identified on Exhibit B. Value for the Aircraft and (ii) [__%] of the average annual Basic Rent over the Basic Term. The rental payable per annum during any Fair Market Value Subsequent Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthlysemi-annually in arrears. The Termination Value of the Aircraft during each Renewal Term shall be the lesser of the Fair Market Sales Value for the Aircraft thereof at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end Term or ___% of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedLessor's Cost.

Appears in 1 contract

Samples: Note Purchase Agreement (Midway Airlines Corp)

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee Tenant shall have the absolute and unconditional right and option (each such right and option, a "Renewal Option") to extend and renew this Lease upon the same terms and conditions as this Lease, for seven additional successive periods of one year five years each (each a "Fixed Renewal Term"), but for not more than and an aggregate of two years. Subject to eighth additional successive period ending on the final sentence of this Section 13(a), at the end last day of the second Fixed Renewal Term month that includes the fiftieth anniversary of the Opening Date (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal TermTerms") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before following the expiration of the Basic Initial Term. Wherever this Lease refers to the "Term," such reference shall be deemed to mean the Initial Term, as extended from time to time pursuant to Tenant's Renewal Options to include one or more Renewal Terms, so that upon Tenant's exercise of any Renewal Option, the "Term" shall be redefined and extended to include the corresponding Renewal Term arising pursuant to such Renewal Option. Each Renewal Term shall commence immediately upon the expiration of the Initial Term or the preceding Renewal Term, as the case may be. Such notice , and except as otherwise provided herein, shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease expire at the end of the Basic Termlast day before the day that is the fifth anniversary of the day on which such Renewal Term commenced. At the expiration or termination of the final Renewal Term provided for herein, notwithstanding such notice Lessee may not exercise such Tenant shall have the right if, not later than 150 to extend this Lease under the then prevailing market rates and terms for ground leases in the Shreveport/Bossier City area to owners and/or operators of riverboat gaming casinos. Tenant shall notify Landlord in writing at least ninety (90) days prior to the end expiration of the Basic Term, Owner Participant notifies Lessee that it is demanding payment final Renewal Term of a deficiency amount under its desire to further extend the Residual Value Guarantee Agreement and certifies to Lessee term of this Lease upon the appraised fair market sales value expiration or termination of the Aircraft as determined under final Renewal Term provided for herein. Upon the Residual Value Guarantee Agreement that receipt of such Notice from Tenant, Landlord and Tenant shall negotiate in good faith in an attempt to agree upon the terms of, and rent to be paid during, any extension of this Lease. If Landlord and Tenant are unable to agree upon such terms and rent by the date which is forty-five (45) days prior to the basis for such claim and the amount expiration or termination of the deficiency so claimedfinal Renewal Term provided for hereunder, such terms and rent shall be decided by arbitration conducted in accordance with Section 3.01(c) of this Lease. Any extension of this Lease shall be limited to the extent required by applicable law.

Appears in 1 contract

Samples: HCS Ii Inc

Renewal Terms. Subject to the final sentence of this Section 13(a), upon expiration of the Basic Term, the Lessee 38.01. (a) Tenant shall have the right option (herein called the "FIRST RENEWAL OPTION") to extend the term of this Lease lease as to the entire Premises or any Renewable Portion (as hereinafter defined) thereof for successive periods of one an additional five (5) year each period (each a the "Fixed Renewal TermFIRST RENEWAL TERM"), but for not more than an aggregate which First Renewal Term shall commence on the date immediately succeeding the Initial Expiration Date, and end on the fifth (5th) anniversary of two yearsthe Initial Expiration Date (the "FIRST RENEWAL EXPIRATION DATE"); provided, that, as of the date that Tenant gives Landlord the First Renewal Notice (as hereinafter defined) this lease shall be in full force and effect. Subject The First Renewal Option shall be exercisable only with respect to the final sentence entire Premises or any Renewable Portion thereof and only by Tenant giving Landlord written notice of this Section 13(asuch exercise (herein called the "FIRST RENEWAL NOTICE"), which notice (x) shall indicate whether Tenant is exercising the First Renewal Option as to entire Premises or a Renewable Portion thereof, and, in the latter case, shall describe and delineate the Renewable Portion (it being agreed that if the First Renewal Notice does not so indicate, then Tenant shall be conclusively deemed to have exercised the First Renewal Option as to the entire Premises), and (y) shall be received by Landlord not later than the date that is eighteen (18) months prior to the Expiration Date (time being of the essence with respect to Landlord's receipt of the First Renewal Notice). Landlord, at its option, by notice to Tenant given no later than ten (10) Business Days after Landlord's receipt of the First Renewal Notice, may render the First Renewal Notice null and void if, at the end time that Landlord receives the same, an Event of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term), the Lessee shall have the right to extend this Lease for up to two successive periods of one year each (each a "Fair Market Value Renewal Term"; each Fixed Renewal Term and each Fair Market Value Renewal Term, being hereinafter sometimes called a "Renewal Term") provided that the aggregate term of all Renewal Terms shall not exceed four years. A Fixed Renewal Term will commence at the end of the Basic Term or the preceding Fixed Renewal Term, as the case may be and a Fair Market Value Renewal Term will commence at the end of the second Fixed Renewal Term (provided that the Lessee shall have elected to extend this Lease for such Fixed Renewal Term) or at the end of the first Fair Market Value Renewal Term, as the case may be. Such right to extend this Lease shall be exercised upon notice to the Lessor, specifying the nature of the Renewal Term, not less than 210 days nor more than 365 days before the expiration of the Basic Term or the preceding Renewal Term, as the case may be. Such notice shall be irrevocable except that in the event the Lessee gives such notice to the Lessor 240 or more days before the end of the Basic Term or the Renewal Term then in effect, as the case may be, the Lessee may revoke its election to extend this Lease within 15 days following the determination of the Fair Market Rental Value of the Aircraft but in no event later than 210 days prior to the end of the Basic Term or the preceding Renewal Term, as the case may be. If the Lessee requests a determination of Fair Market Rental Value at least 240 days before the expiration of the Basic Term or a Renewal Term, as the case may be, the Lessor and the Lessee shall comply in a timely manner with their respective obligations under the definition of "Fair Market Rental Value" to allow any appraisal of Fair Market Rental Value to be completed in sufficient time to permit the Lessee to exercise the revocation right provided above. If no Specified Default shall have occurred and be continuing on the date of such notice or on the date of the commencement of any Renewal Term, is then this Lease shall be extended for the additional period of such Renewal Term as specified in such notice on the same conditions as provided for herein. The Basic Rent payable per annum during any Fixed Renewal Term shall be the Renewal Rental Rate identified on Exhibit B. The rental payable per annum during any Fair Market Value Renewal Term shall be the then Fair Market Rental Value for the Aircraft. Such rental during each Renewal Term shall be payable monthly. The Termination Value of the Aircraft during each Renewal Term shall be the Fair Market Sales Value for the Aircraft at the beginning of such Renewal Term declining on a straight line basis to the projected Fair Market Sales Value for the Aircraft at the end of such Renewal Term, but in both cases determined prior to the commencement of such Renewal Term. If Lessee gives notice to Lessor that it will exercise its right to renew this Lease at the end of the Basic Term, notwithstanding such notice Lessee may not exercise such right if, not later than 150 days prior to the end of the Basic Term, Owner Participant notifies Lessee that it is demanding payment of a deficiency amount under the Residual Value Guarantee Agreement and certifies to Lessee the appraised fair market sales value of the Aircraft as determined under the Residual Value Guarantee Agreement that is the basis for such claim and the amount of the deficiency so claimedcontinuing.

Appears in 1 contract

Samples: Lease (Goldman Sachs Group Inc)

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