Suite 200 Expansion Effective Date Sample Clauses

Suite 200 Expansion Effective Date. As used herein, “Suite 200 Expansion Effective Date” means the earlier to occur of (i) the date on which Tenant first commences to conduct business in the Suite 200 Expansion Space, or (ii) the later of (A) May 1, 2011 (the “Target Suite 200 Expansion Effective Date”), or (B) the date that the Suite 200 Demising Work (defined in Section 8.3 below) is substantially complete (as reasonably determined by Landlord), with the exception of any details of construction, mechanical adjustment or any other similar matter the non-completion of which does not materially interfere with Tenant’s use of the Suite 200 Expansion Space; provided, however, that if Landlord fails to deliver the Suite 200 Expansion Space to Tenant on or before the later of the dates described in the preceding clause (ii) as a result of any holdover or unlawful possession by another party, the Suite 200 Expansion Effective Date shall be the date on which Landlord delivers possession of the Suite 200 Expansion Space to Tenant free from occupancy by any party. Any such delay in the Suite 200 Expansion Effective Date shall not subject Landlord to any liability for any loss or damage resulting therefrom; provided, however, Landlord, at its expense, shall use commercially reasonable efforts to obtain possession of the Suite 200 Expansion Space for delivery to Tenant as soon as practicable following any such holdover. If the Suite 200 Expansion Effective Date is delayed, the Extended Termination Date under the Lease shall not be similarly extended.
Sample 1
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Suite 200 Expansion Effective Date. As used in this Section 11, “Suite 200 Expansion Effective Date” means the date upon which is one (1) month after Landlord delivers possession (if ever and pursuant to the Lease, as amended hereby) of the Suite 200 Must Take Space to Tenant free from occupancy by any party (including, without limitation, free of any such parties’ personal property), which delivery date is anticipated to be no later than March 1, 2017 (for purposes of this Section 11, the “Suite 200 Target Delivery Date”). The adjustment of the Suite 200 Expansion Effective Date and, accordingly, the postponement of Tenant’s obligation to pay rent for the Suite 200 Must Take Space shall be Tenant’s sole remedy if the Suite 200 Must Take Space is not delivered to Tenant in accordance with the terms hereof as of the Suite 200 Target Delivery Date. If the Suite 200 Expansion Effective Date is so delayed, the Extended Expiration Date shall not be similarly extended as a result thereof. Notwithstanding any contrary provision of the Lease, any delay or failure to deliver the Suite 200 Must Take Space shall not be a Landlord default nor subject Landlord to any liability for any loss or damage resulting therefrom or entitle Tenant to any credit, abatement or adjustment of rent or other sums payable under the Lease; provided, however, that Landlord shall not lease the Suite 200 Must Take Space to anyone other than Tenant and Landlord shall not extend the Suite 200 Existing Lease (defined below). Notwithstanding the foregoing, from and after the date that the Suite 200 Existing Tenant (defined below) vacates the Suite 200 Must Take Space, Tenant shall have the right to access the Suite 200 Must Take Space prior to the Suite 200 Expansion Effective Date for the purpose of installing its equipment, data, telecommunications systems and trade fixtures, performing improvements and otherwise preparing the space for occupancy. Such access shall be subject to all of the terms of the Lease except the obligation to pay Rent.
Sample 1

Related to Suite 200 Expansion Effective Date

  • Effect; Effective Date Upon (i) delivery to the Administrative Agent of a notice of assignment, substantially in the form attached as Exhibit “I” to Exhibit G hereto (a “Notice of Assignment”), together with any consents required by Section 12.3(i), and (ii) payment of a $3,500 fee by the assignor or assignee to the Administrative Agent for processing such assignment, such assignment shall become effective on the effective date specified in such Notice of Assignment. The Notice of Assignment shall contain a representation by the Purchaser to the effect that none of the consideration used to make the purchase of the Commitment and Loans under the applicable assignment agreement are “plan assets” as defined under ERISA and that the rights and interests of the Purchaser in and under the Loan Documents will not be “plan assets” under ERISA. On and after the effective date of such assignment, such Purchaser shall for all purposes be a Lender party to the Agreement and any other Loan Document executed by the Lenders and shall have all the rights and obligations of a Lender under the Loan Documents, to the same extent as if it were an original party hereto, and no further consent or action by the Borrower, the Lenders or the Administrative Agent shall be required to release the transferor Lender, and the transferor Lender shall automatically be released on the effective date of such assignment, with respect to the percentage of the Aggregate Commitment and Loans assigned to such Purchaser. Upon the consummation of any assignment to a Purchaser pursuant to this Section 12.3(ii), the transferor Lender, the Administrative Agent and the Borrower shall make appropriate arrangements so that replacement Notes are issued to such transferor Lender and new Notes or, as appropriate, replacement Notes, are issued to such Purchaser, in each case in principal amounts reflecting its Commitment, as adjusted pursuant to such assignment.

  • Restatement Effective Date The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):

  • Amendment Effective Date This Amendment shall become effective as of the first date (the “Amendment Effective Date”) on which each of the following conditions shall have been satisfied:

  • Commencement Date Landlord shall deliver possession of the Premises to Tenant on the date (the “Delivery Date”) that Landlord’s Market Ready Improvements described on EXHIBIT C attached hereto and the Tenant Improvements to be completed by Landlord pursuant to the Work Letter Agreement attached hereto as EXHIBIT D are substantially completed. For purposes of this Lease, Landlord’s Market Ready Improvements and the Tenant Improvements shall be deemed to be “substantially completed” when Landlord’s Market Ready Improvements and the Tenant Improvements have been completed in accordance with any plans and specifications therefor, subject only to the completion of any minor punch-list items, and the City of Sunnyvale has completed a final inspection of such work and issued a temporary certificate of occupancy or other written approvals permitting legal occupancy of the Premises. The term of this Lease (“Term”) shall be seventy-six (76) months commencing on the date (the “Commencement Date”) which is thirty (30) days from the Delivery Date. If the Delivery Date does not occur on or before May 1, 2018, for any reason other than (i) ArcTec’s failure to complete the Final Plans and Specifications (as such term is defined in the Work Letter attached as EXHIBIT D) and submit such Final Plans and Specifications (and any other documentation required by the City of Sunnyvale for the issuance of a building permit for the Tenant Improvements) to Landlord’s general contractor by January 8, 2018, (ii) the City requiring Landlord to stop construction due to its commencement of the Tenant Improvements before the permits therefor were issued or (iii) delays caused by the acts or omission of Tenant, as defined in Paragraph 3(c) below, then the date Tenant is otherwise obliged to commence payment of Rent shall be delayed by one (1) additional day for each day the Delivery Date is delayed beyond such date.

  • Agreement Effective Date This Agreement shall become effective and binding upon each Party immediately following the occurrence of the following conditions (the “Agreement Effective Date”):

  • The Effective Date The Merger shall become effective on the date and at the time (the “Effective Date”) that:

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date, with Landlord’s Work Substantially Completed (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 90 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Landlord’s Work,” “Tenants’ Work,” and “Force Majeure Delays” shall have the meanings set forth for such terms in the Work Letter. If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 90 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect; provided, however, that if Landlord does not Deliver the Premises within 150 days of the Target Commencement Date for any reason other than Force Majeure delays and Tenant Delays, this Lease may be terminated by Tenant by written notice to Landlord, in which case subsections (a) and (b) of this paragraph shall apply. If Tenant does not elected to void this Lease within 10 business days of the lapse of such 150 day period, such right to void this Lease shall be waived and this Lease shall remain in full force and effect.

  • Conditions to the Effective Date The obligation of each Lender to amend and restated the Existing Credit Agreement and continue the Loans hereunder on the Effective Date is subject to satisfaction or waiver in writing by the Lenders of the following conditions precedent:

  • Conditions to Effective Date It shall be a condition to the Effective Date that each of the following conditions shall have been satisfied or waived as of such date, and upon such satisfaction or waiver, this Agreement shall be effective:

  • Effective Date The obligations of the Lenders to make Loans and of the Issuing Bank to issue Letters of Credit hereunder shall not become effective until the date on which each of the following conditions is satisfied (or waived in accordance with Section 9.02):

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