Right of Recapture. In the event that (x) within one year after termination of this Agreement and Executive’s employment for any reason the Company determines that prior to such termination he engaged in any activity which would have constituted a basis for termination by the Company for Cause while employed by the Company or (y) Executive breaches the restrictive covenants of Section 8, then:
Right of Recapture. In addition to and without limitation upon, the ------------------ other rights of Lessor in the event of a proposed Transfer by Lessee pursuant to this Article 13, in the event of a proposed Transfer by Lessee, Lessor may elect (by written notice delivered to Lessee within thirty (30) days following Lessee's submission to Lessor of all information required pursuant to subsection 13.d. above) to terminate this Lease effective as of the date Lessee proposes to enter into such Transfer (or in the case of a proposed Transfer of less than all of the Premises, terminate this Lease as to the portion of the Premises proposed to be Transferred as of the date of such proposed Transfer); provided that Lessee shall have the right to nullify such an election to terminate by Lessor pursuant hereto by withdrawing such request for a proposed Transfer within fifteen (15) days following Lessee's receipt of such termination notice from Lessor. Except as expressly provided in the immediately preceding sentence, nothing contained in this Article shall be deemed to nullify Lessor's right to elect to terminate this Lease in accordance with this subsection 13.g. including, but not limited to, Lessor's failure to exercise the right to terminate this Lease with respect to any previous Transfer. Further, Lessee understands and acknowledges that Lessor's option to terminate this Lease rather than approve a proposed Transfer is a material inducement for Lessor's agreeing to lease the Premises to Lessee upon the terms and conditions herein set forth and is deemed a reasonable limitation upon Lessee's right to enter into a Transfer.
Right of Recapture. Notwithstanding anything contained in 10.1 to the contrary, in the event Tenant desires to assign or sublet or seek permission for any assignment or subletting of all or any portion of the Premises, then Landlord shall have the right of recapture or of first refusal, as applicable, with respect to said space, and shall have the right, by notice to Tenant, to either recapture or to receive an assignment of the Lease or a sublease of the Premises on the same terms and conditions as the terms and conditions of the assignment or subletting proposed by Tenant. In the event Landlord should decide to exercise its rights pursuant to this paragraph, Landlord shall give to Tenant written notice exercising its right of first refusal herein contained within ten (10) business days from the date of Tenant's written notice to Landlord or written application to Landlord for consent to the assignment or subletting, in which event, in the case of a recapture, the Lease shall terminate, and in the case of an assignment or full subletting, Tenant shall be released from all obligations, rights and liabilities from and after the recapture date. In the event Landlord does not give such written notice within the ten (10) day period specified, then Landlord's right of first refusal herein contained shall be null and void, and of no further force and effect as to the space covered by the proposed assignment or sublease only. However, nothing contained herein shall in any way constitute an approval of the assignment or subletting by Landlord, nor shall anything herein contained be construed to impair, hinder or otherwise modify the required approval of Landlord as provided herein to any such assignment or subletting. The recapture date shall be the date as of which tenant intends to assign or sublease or the commencement date of the proposed assignment or sublease, as applicable.
Right of Recapture. At any time within thirty (30) days after Landlord's receipt of the information specified in Section 11.1 above, Landlord may, by written notice to Tenant, elect (i) to sublease the Property or the portion thereof proposed to be subleased by Tenant, or to take an assignment of Tenant's estate hereunder or such part thereof as shall be specified in said notice, on the same terms and conditions as those contained in said notice; or (ii) to participate with Tenant in any payments (including, but not limited to, rent, security deposit and operating expenses) received by Tenant from any assignee or subtenant in excess of the payments made by Tenant to Landlord hereunder, which election shall entitle Landlord to fifty percent (50%) of such excess, which shall be paid to Landlord within five (5) days after receipt by Tenant. If Landlord does not exercise either of the options set forth in this Section 11.5 within said thirty (30) day period, Tenant may within ninety (90) days after the expiration of said thirty (30) day period enter into a valid assignment or sublease of the Property or portion thereof upon the terms and conditions set forth in the notice furnished by Tenant to Landlord pursuant to Section 11.1 above, subject, however, in such instance, to Landlord's consent as set forth in Section 11.1 above.
Right of Recapture. Effective January 1, 2010 and subject to the terms of this section 5A but otherwise notwithstanding any other provision of this Agreement or the terms of any compensation arrangement, plan or program, Executive shall pay the Company a sum equal to the Recapture Amount if, and to the extent that, (i) payment of Incentive Compensation is or was contingent upon the achievement of one or more specified financial performance targets and (ii) the amount of such Incentive Compensation is, or would have been, affected by a Mandatory Restatement that the Company is required to implement that results directly from Executive’s fraudulent or knowing, intentional misconduct.
Right of Recapture. Despite any other provision of this Lease, Tenant shall notify Landlord in writing (Availability Notice) if Tenant wishes to transfer the Premises or any portion thereof (Subject Space). If Tenant does not give Landlord the Availability Notice before delivering a Transfer Notice, the Transfer Notice shall also be the Availability Notice. Landlord has the option, by written notice to Tenant (Recapture Notice) within thirty (30) days after receiving any Availability Notice, to recapture the Subject Space as described in the next section. A timely Recapture Notice terminates this Lease as to the Subject Space and Tenant’s obligations regarding the remaining term of this Lease (or, at Landlord’s election, for a shorter period specified in the Availability Notice as the term of the Transfer) and as of the date specified in the Availability Notice. The Recapture Notice shall be void, however, if Tenant notifies Landlord, within thirty (30) days after receipt of the Recapture Notice, that Tenant withdraws the Availability Notice or Transfer Notice. If Landlord declines or fails timely to elect to recapture the Subject Space, Landlord shall have no further right under this section to the Subject Space unless it becomes available again after Transfer by Tenant.
Right of Recapture. If at any time after the date on which any Units become vested or Shares are issued due to the attainment of a Performance Goal, the Committee determines that the earlier determination as to the achievement of the Performance Goal was based on false or misleading data and that the Performance Goal had not been achieved or had been achieved to a lesser extent than originally determined, then any Units or portion of any Units that became vested based on such false or misleading data shall be deemed to be not vested and the Grantee shall be obligated to return to the Company and the Committee may attempt to recover any transfer of Shares made to the Grantee with respect to such Units.
Right of Recapture. The Optionee understands that the Option is subject to Right of Recapture provisions of Section 2.10 of the Plan.
Right of Recapture. If at any time within six months after the date on which the Employee exercises the Option: (a) there is a Termination of Employment for Cause (or, if still employed by the Company, engages in any activity that would constitute a basis for a Termination of Employment for Cause); or (b) the Employee engages in any activity determined in the discretion of the Company to be Competitive Activity, then any gain realized by the Employee from the exercise of the Option (“Gain”) shall be paid by the Employee to the Company upon notice from the Company. Such Gain shall be determined as of the date of the Option exercise without regard to any subsequent change in the Fair Market Value of a Share (as the difference between the aggregate exercise price of the Option Shares and the Fair Market Value of the Option Shares on their respective Option exercise dates). The Company shall have the right to offset such Gain against any amounts otherwise owed to the Employee by the Company (including, without limitation, against any wages, vacation pay, or pursuant to any benefit plan or other compensatory arrangement) to the maximum extent permitted by law.
Right of Recapture. THIS SECTION 2.6 SHALL BE EFFECTIVE ONLY IF TENANT, AT ANY TIME AFTER FEBRUARY 1, 2002, CEASES TO OCCUPY AT LEAST 150,000 SQUARE FEET OF THE RENTABLE AREA IN THE BUILDING: If the Premises, or any portion thereof in excess of 25,000 square feet of Rentable Area (whether or not contiguous), is abandoned or deserted, or vacated for a period of more than ninety (90) consecutive days or one hundred twenty (120) business days (whether or not consecutive) in any twelve (12) month period, then Landlord may, at its option, upon written notice to Tenant, terminate this Lease from time to time as to such portion or portions of the Premises that have been so abandoned, deserted or vacated (or any part thereof) and cause such portion or portions of the Premises (or such part thereof) to be returned to Landlord upon demand, without terminating the Lease as to the balance of the Premises. Following any termination of this Lease as to a portion or portions of the Premises, Tenant shall have no further rights with respect to such portion or portions of the Premises, and shall immediately surrender such portion or portions of the Premises broom-clean, with all people and property of Tenant removed therefrom, and Tenant shall have no further obligation to pay rent with respect to such portion or portions of the Premises, but Tenant shall continue to be liable for all of its obligations under this Lease with respect to such portion or portions of the Premises arising prior to such termination and with respect to all obligations under this Lease relating to those portions of the Premises for which this Lease has not been terminated.
