Right of First Offer Right of First Refusal Clause Samples
POPULAR SAMPLE Copied 12 times
Right of First Offer Right of First Refusal. 28.1 Commencing January 1, 1993 and continuing throughout the term of the Lease (including extension options), Lessee shall have the following described Right of First Offer/Right of First Refusal to lease any and all available space in the low rise elevator bank, subject only to i) contrary rights (including, but not limited to, expansion options, rights of first refusal, rights of first offer, extension options and renewal options) granted to other tenants prior to December 18, 1991, and ii) expansion options granted at the outset to other tenants who, after December 18, 1991, lease more than 15,000 RSF in Lessee’s elevator bank. If Lessee elects to add space pursuant to this Section 28 which was to be used by Lessor to satisfy all or part of one or more of Lessee’s options under Section 27, (a) Lessee shall be deemed to have waived the part of the option or options in question (or all of an option or options, as the case may be) which Lessor intended to satisfy with such space, provided that, when the space is offered Lessee under this Section 28, Lessor shall have advised Lessee in writing as to the option or options (or part thereof) Lessor intended to satisfy with such space, and (b) such space shall be added to the leased premises on the terms applicable to option space under Section 27.
28.2 When Lessor first learns that office space with Lessee’s elevator bank is or will be available, Lessor shall promptly notify Lessee in writing of the fact and anticipated date of such availability. If Lessee is interested in such space and requests a proposal from Lessor, Lessor will notify Lessee in writing of the terms on which Lessor would be willing to lease such space. If Lessee does not request a proposal for such space, Lessor will not lease such space to any third party without first notifying Lessee in writing of the terms on which Lessor would be willing to lease such space. In either of such cases, Lessee shall then have ten (10) days after receipt of such a notice in which to elect in writing to lease the space in question on the offered terms, with the exceptions that i) Lessee shall in no event be obligated to lease such space for a term that extends beyond the expiration date then applicable to the balance of Lessee’s leased premises and ii) Lessee’s two five-year extension options shall apply to the Right of First offer/Right of First Refusal space in question. If Lessee fails to so elect within such deadline (or within the five (5) day deadline...
Right of First Offer Right of First Refusal. From and after the Effective Date and during the Term, in the event Beyond acquires the right to operate any other retail store brand not presently owned or operated by Beyond as of the Effective Date, and (i) Beyond desires that such store brand would be operated on a Neighborhood Format basis, Beyond shall provide ▇▇▇▇▇▇▇▇’▇ notice of Beyond’s intent to initiate in-store sales under such retail store brand and ▇▇▇▇▇▇▇▇’▇ shall have the first option, exercisable within sixty (60) days of such notice, to become Beyond’s exclusive brick-and-mortar partner for licensed in-store retail locations in a Neighborhood Format on such terms and conditions as the Parties may mutually agree (any such agreement to be on market terms that are negotiated in good faith); and (ii) at any other time, ▇▇▇▇▇▇▇▇’▇ shall have the right to request to operate such retail store brand within a Neighborhood Format store owned and operated by ▇▇▇▇▇▇▇▇’▇, which shall be considered by Beyond in good faith, on such terms and conditions as the Parties may mutually agree (any such agreement to be on market terms that are negotiated in good faith).
Right of First Offer Right of First Refusal. (a) In the event that any of the three individual Members with the largest number of Interests or any of their respective Affiliates (each, a “Developer Party”) intends to develop an outpatient or medical office facility adjacent to the Real Property or within the Crescent City Surgical Centre Facility (“Adjacent Development”), Acquirer shall have the right of first offer (“ROFO”) to provide the acquisition and/or development financing for the Adjacent Development. If the relevant Developer Party and Acquirer fail to agree to the terms for such acquisition and/or development financing within sixty (60) days from the start of the Developer Party’s negotiation with Acquirer, then such Developer Party may obtain a bona fide third-party offer for the acquisition and/or development financing of the Adjacent Development. Upon obtaining such an offer, the Developer Party shall notify Acquirer of the same and Acquirer shall then have the right of first refusal (“ROFR”) to match such bona fide third-party offer.
(b) In the event that a Developer Party intends to sell an Adjacent Development, Acquirer shall have the ROFO to purchase the Adjacent Development. If the relevant Developer Party and Acquirer fail to agree to the terms for such purchase within sixty (60) days from the start of the Developer Party’s negotiation with Acquirer, then such Developer Party may obtain a bona fide third-party offer for the purchase of the Adjacent Development. Upon obtaining such an offer, the Developer Party shall notify Acquirer of the same and Acquirer shall then have the ROFR to match such bona fide third-party offer.
(c) This Section 2.7 shall survive the Closing.
Right of First Offer Right of First Refusal. 3
Section 2.1 Maintenance and Repair. 6 Section 2.2 Alterations, Replacements and Additions. 7
Section 3.1 Severable Property. 9 Section 3.2 Removal of Severable Property. 9 ARTICLE IV *
Right of First Offer Right of First Refusal. The Right of First Offer and Right of First Refusal set forth in Article 24 shall remain in full force and effect except that the Right of First Refusal Period is hereby extended until midnight on September 30, 2014.
Right of First Offer Right of First Refusal. (a) If at any time during the Term or Renewal Term, ShoLodge desires to sell the CRS (and any related documents, facilities and information), ShoLodge shall so notify Customer, together with a written indication of the primary terms (including without limitation, price and closing schedule) upon which ShoLodge shall be willing to sell the CRS. Such notice from ShoLodge shall not constitute an offer to sell and neither ShoLodge nor Customer shall be bound to the transfer of the CRS until mutual execution of a purchase and sale agreement for the same. Upon receipt of such notice, Customer shall have a period of sixty (60) days within which to notify ShoLodge of its desire to purchase the CRS and to negotiate an agreement for the same with ShoLodge. In the event Prime is willing to meet the primary terms set forth in ShoLodge's notice, ShoLodge shall not object to such provisions during the negotiations for a final sale document. During such sixty (60) day period, ShoLodge (i) shall not solicit interest in, market, negotiate (other than with Customer), nor enter into agreement with any other Person regarding the sale or other transfer of the CRS and (ii) shall use good faith efforts to come to an agreement with Customer. In the event that ShoLodge and Customer fail to reach an agreement during such sixty (60) day period, ShoLodge shall be entitled to solicit interest in,. market, negotiate for and enter into agreements regarding the transfer of the CRS with other Persons, subject to the provisions of Section 3.9(b) below.
(b) If at any time during the Term or Renewal Term, ShoLodge receives an offer to purchase the CRS (and any related documents, facilities and information), ShoLodge shall provide a copy of such offer, which offer must contain the primary terms (including without limitation, price and closing schedule and identification of the proposed purchaser) (the "Offer"), to Customer. Customer shall have a period of sixty (60) days within which to review such Offer and to notify ShoLodge whether it will purchase the CRS on the terms and conditions of such Offer. If Customer notifies ShoLodge within such period that it shall so purchase the CRS, 5 6 ShoLodge and Customer shall enter into a sale agreement regarding the same on such terms. If Customer notifies ShoLodge that it does not wish to purchase the CRS on the terms presented in the Offer or fails to respond within) sixty (60) day period, then ShoLodge shall have the right to enter into an agreement...
Right of First Offer Right of First Refusal. Tenant has an on-going right of first offer to lease any space in the Building for which Landlord is prepared to commence negotiations with a bona-fide third party tenant; provided, however, during any period in which Tenant leases the entire Building, Tenant shall have the on-going right of first offer to lease any space in Tower Two for which Landlord is prepared to commence negotiations with a bona-fide third party tenant. Tenant’s right of first offer is subject to the terms and conditions of the Lease. Tenant shall also have the right of first refusal with respect to any space in the Building; provided, however, during any period in which Tenant leases the entire Building, Tenant shall have the on-going right of first refusal with respect to any space in Tower Two.
Right of First Offer Right of First Refusal. Subject to the City’s compliance with the provisions of the California Surplus Land Act, if the City elects to sell the Fire Station Parcel after the expiration of the Restriction Period, then Developer shall have a right of first offer to repurchase the Fire Station Parcel, and if the City thereafter elects to sell to a subsequent party and Developer has not exercised its right of first offer, Developer shall have a right of first refusal (“ROFO/ROFR”) in accordance with the procedures outlined in the Fire Station Agreement. Notwithstanding the foregoing, Developer shall not have a ROFO/ROFR if City elects to develop another public use consistent with Table 20.100.002: Use Regulations for BTP-H zoning district in effect on the Fire Station Parcel after the Restriction Period.
Right of First Offer Right of First Refusal. The following provisions shall be in addition to Seller’s Repurchase Option pursuant to Section 11.05:
(a) As used in this Section 11.06, an “Undeveloped Tract” means a tract of land comprised of all or any part of the Property, excluding, however, any such tract upon which the construction of any new, permanent building has been substantially completed after the Closing Date. Also, as used herein, a “Qualified Mortgage” means a deed of trust or mortgage that grants or creates a lien against an Undeveloped Tract to secure indebtedness for borrowed money owed to a bank, insurance company or other institutional lender.
Right of First Offer Right of First Refusal. Tenant has an ongoing right of first offer to lease the First Offer Space, and a right of first refusal on any First Refusal Space during the Term, as may be extended, all as further set forth in the Lease.