First Offer Agreement Sample Contracts

AMENDED
First Offer Agreement • September 28th, 2006 • Trump Entertainment Resorts Holdings Lp • Hotels & motels • New York
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SECOND AMENDMENT AND WAIVER TO RIGHT OF FIRST OFFER AGREEMENT
First Offer Agreement • February 14th, 2017 • 8point3 Energy Partners LP • Electric services

This Second Amendment and Waiver to the Right of First Offer Agreement, dated as of February 13, 2017 (this “Waiver Agreement”), is made and entered into by and between 8point3 Operating Company, LLC, a Delaware limited liability company (the “Operating Company”), and SunPower Corporation, a Delaware corporation (the “Sponsor”).

FORM OF BUSINESS OPPORTUNITY RIGHT OF FIRST OFFER AGREEMENT
First Offer Agreement • February 11th, 2008 • iStar Acquisition Corp. • Blank checks • New York

THIS BUSINESS OPPORTUNITY RIGHT OF FIRST OFFER AGREEMENT (this “Agreement”) is made as of , 2008, by and among iStar Acquisition Corp., a Delaware corporation (the “Company”), iStar Financial Inc., a Maryland corporation (“SFI”), Jay Sugarman and Jay Nydick.

O3B NETWORKS LIMITED RIGHT OF FIRST OFFER AGREEMENT (Initial Common Investor)
First Offer Agreement • February 26th, 2008 • Liberty Global, Inc. • Cable & other pay television services • New York

This Right of First Offer Agreement (the “Agreement”) is entered into as of the 4th day of January, 2008, by and among O3B Networks Limited, a private company limited by shares organized under the laws of Jersey (the “Company”), LGI Ventures B.V. (the “Preferred Investor”), Gregory Wyler (the “Founder”) and John Dick (the "Initial Common Investor”).

NTOP HOLDINGS LLC RIGHT OF FIRST OFFER AGREEMENT AMENDMENT NO. 1
First Offer Agreement • December 10th, 2004 • Idt Corp • Telephone communications (no radiotelephone)

This Amendment No. 1 to the NTOP Holdings LLC Right of First Offer Agreement (this “Amendment No. 1”) is entered into as of December 1, 2004, by and among IDT Corporation, a Delaware corporation (“IDT Corporation”), IDT Domestic-Union, LLC, a Delaware limited liability company (“IDT Sub”), IDT Investments Inc., a Nevada corporation (“IDT Investments” and together with IDT Sub, the “IDT Members”), Liberty Media Corporation, a Delaware corporation (“LMC”), Liberty N2P, Inc., a Delaware corporation (“Liberty N2P”), Liberty N2P II, Inc, a Delaware corporation (“Liberty N2P II” and together with Liberty N2P, the “Liberty Members”) and NTOP Holdings, LLC, a Delaware limited liability company (the “Company”).

RIGHT OF FIRST OFFER AGREEMENT (Denver Data Center)
First Offer Agreement • September 17th, 2004 • Digital Realty Trust, Inc. • Real estate investment trusts • California

THIS RIGHT OF FIRST OFFER AGREEMENT (this “Agreement”) made as of July 31, 2004, by and between Global Innovation Partners, LLC, a Delaware limited liability company, (“Optionor”), and Digital Realty Trust, L.P., a Maryland limited partnership (“Optionee”).

RIGHT OF FIRST OFFER AGREEMENT
First Offer Agreement • March 23rd, 2022 • Aclarion, Inc. • Services-medical laboratories • California

THIS RIGHT OF FIRST OFFER AGREEMENT (this “Agreement”) is effective as of February 18, 2015 (the “Effective Date”) by and between NOCIMED, INC., a Delaware corporation with its principal place of business at 370 Convention Way, Redwood City, CA 94063 (the “Company”), and NUVASIVE, INC., a Delaware corporation with its principal place of business at 7475 Lusk Boulevard, San Diego, CA 92121 (“NuVasive”).

DERMATOLOGY PRODUCT CANDIDATE RIGHT OF FIRST OFFER AGREEMENT
First Offer Agreement • April 25th, 2008 • Echo Therapeutics, Inc. • Electromedical & electrotherapeutic apparatus • North Carolina

THIS DERMATOLOGY PRODUCT CANDIDATE RIGHT OF FIRST OFFER AGREEMENT (“Agreement”) is entered into as of April 21, 2008, by and between Cato BioVentures, a North Carolina corporation (“CBV”), and Echo Therapeutics, Inc., a Minnesota corporation (“Echo”).

FIRST OFFER AGREEMENT between DEVON ENERGY CORPORATION and ENLINK MIDSTREAM, LLC
First Offer Agreement • March 11th, 2014 • EnLink Midstream, LLC • Natural gas transmission • Delaware

THIS FIRST OFFER AGREEMENT (the “Agreement”) is being entered into on March 7, 2014, by and between Devon Energy Corporation, a Delaware corporation (“Devon”), and EnLink Midstream, LLC, a Delaware limited liability company (“EnLink Midstream”).

RIGHT OF FIRST OFFER AGREEMENT February 5, 2008
First Offer Agreement • December 9th, 2009 • Terrestar Corp • Communications services, nec • New York

This Right of First Offer Agreement is made and entered into by and between TerreStar Corporation, a Delaware corporation (the “Parent”), TerreStar Networks Inc., a Delaware corporation (the “Company”) and EchoStar Corporation, a Nevada corporation (“EchoStar”) pursuant to the Master Investment Agreement, dated as of February 5, 2008, by and among Parent, the Company and EchoStar (the “Master Investment Agreement”).

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