Actively Negotiating means either that (i) a Seller, Seller’s Affiliate, Seller’s employee or a third party broker shall have submitted a written, bona-fide offer to the prospective tenant or such tenant’s broker which, has been accepted or responded to by a written counter-offer, the terms of which counter-offer are then being negotiated, or (ii) a Seller, Seller’s Affiliate, Seller’s employee or a third party broker with the prospective tenant’s authorization, shall have submitted to the Buyer a written, bona-fide offer by such tenant or such tenant’s broker which has been accepted or responded to by a written counter-offer submitted by such Seller, Seller’s Affiliate or Seller’s employee, on behalf of the Buyer or its applicable Designated Subsidiary, and the terms of which counter-offer are then being negotiated. Notwithstanding anything to the contrary in this Section 3.3(g), in accordance with Section 10.7, if the Closing occurs, the Buyer shall be responsible for and shall reimburse Sellers for the payment of brokerage fees and commissions payable pursuant to a Leasing and Brokerage Agreement entered into in connection with those certain Leases executed and delivered in accordance herewith between the date hereof and the Closing Date, which such Leases are set forth on Schedule 3.3(g)(ii) attached hereto.
Actively Negotiating shall have the meaning assigned thereto in Section 3.3(g)(ii).
Actively Negotiating means that Landlord and the existing or prospective tenant have exchanged written communications concerning the leased space in the Building or the Project within 120 days prior to the date of Tenant’s request for Landlord’s consent.
Examples of Actively Negotiating in a sentence
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Within fifteen (15) days after the expiration or notification to Manager of the termination of this Agreement, Manager and Owner shall mutually agree on a list of any prospective tenants with whom Owner was Actively Negotiating (as hereinafter defined) as of the date of such expiration or notice of termination.
Within fifteen (15) days after the expiration or notification to Leasing Agent of the termination of this Agreement, Leasing Agent and Owner shall mutually agree on a list of any prospective tenants with whom Owner was Actively Negotiating (as hereinafter defined) as of the date of such expiration or notice of termination.
More Definitions of Actively Negotiating
Actively Negotiating means that Landlord and the existing or prospective tenant have exchanged written communications concerning the leased space in the Building or the Project within 120 days prior to the date of Tenant’s request for Landlord’s consent. If Landlord consents to the proposed transfer, Tenant may within ninety (90) days after the date of the consent effect the transfer upon the terms described in the information furnished to Landlord; provided that any material change in the terms shall be subject to Landlord’s consent as set forth in this Section 9.1. Landlord shall approve or disapprove any requested transfer within thirty (30) days following delivery of Tenant’s written request, the information set forth above, and the fee set forth below.
Actively Negotiating means Landlord has either (I) subsequent to a general or specific request, expression of interest or discussions or negotiations, sent to a specific prospective subtenant (or its designated agent), or (II) received from a specific subtenant (or its designated agent), a written proposal to lease space in the Building (or subsequent modification thereof or supplement thereto), which proposal (or which proposal as modified or supplemented) shall contain the financial terms of the proposed lease and indicate the approximate square footage of the space to be demised by such proposed lease);
Actively Negotiating means that there has been at least a written lease proposal and a written response thereto (other than an outright rejection), with at least one of said writings occurring in the three (3)-month period immediately preceding the Transfer Notice. It is expressly agreed that this Section 14.2.6 shall be inapplicable to occupants of the Building (i.e., Landlord will not withhold its consent to a Transfer request solely on the basis that the proposed Transferee or any person or entity which directly or indirectly, controls, is controlled by, or is under common control with, the proposed Transferee, is an occupant of the Building). If Landlord consents to any Transfer pursuant to the terms of this Section 14.2 (and does not exercise any recapture rights Landlord may have under Section 14.4), Tenant may within six (6) months after Landlord’s consent, but not later than the expiration of said six-month period, enter into such Transfer of the Premises or portion thereof, upon substantially the same terms and conditions as are set forth in the Transfer Notice furnished by Tenant to Landlord pursuant to Section 14.1, provided that if there are any material changes in the terms and conditions from those specified in the Transfer Notice (i) such that Landlord would initially have been entitled to refuse its consent to such Transfer under this Section 14.2, or (ii) which would cause the proposed Transfer to be materially more favorable to the Transferee than the terms set forth in Tenant’s original Transfer Notice, Tenant shall again submit the Transfer to Landlord for its approval and other action under this Article 14 (including Landlord’s right of recapture, if any, under Section 14.4). Notwithstanding anything to the contrary in this Lease, if Tenant or any proposed Transferee claims that Landlord has unreasonably withheld or delayed its consent under this Section 14.2 or otherwise has breached or acted unreasonably under this Article 14, their sole remedies shall be declaratory judgment, an injunction for the relief sought or monetary damages (but never consequential damages), and Tenant hereby waives all other remedies on its THE WATER GARDEN Cornerstone OnDemand, Inc. own behalf and, to the extent permitted under all Applicable Laws, on behalf of the proposed Transferee.
Actively Negotiating means that the prospect shall have countered a written proposal from Landlord in writing within four (4) months prior to Tenant’s proposed transfer for the lease of space in the Building or the Project. Tenant’s exterior sign rights under this Lease are personal to Tenant and any Permitted Transferee, and may not be assigned or transferred to any assignee of this Lease or subtenant of the Premises other than a Permitted Transferee without Landlord’s prior written consent, which may be withheld in Landlord’s sole and absolute discretion. Notwithstanding the foregoing, Landlord shall not unreasonably withhold its consent to a transfer of such signage rights in connection with Tenant’s assignment of this Lease or sublease of the entire Premises, provided that Landlord shall have the right of prior approval that such signage continues to comply with the Sign Criteria and the other requirements of Section 5.2 of this Lease, and provided further that any name and/or graphics on such signage do not materially devalue the Project as determined by Landlord in its sole and absolute discretion. If Landlord consents to the proposed transfer, Tenant may within ninety (90) days after the date of the consent effect the transfer upon the terms described in the information furnished to Landlord; provided that any material change in the terms shall be subject to Landlord’s consent as set forth in this Section 9.1. Landlord shall approve or disapprove any requested transfer within fifteen (15) business days following receipt of Tenant’s written request, the information set forth above, and the fee set forth below.
Actively Negotiating means either that (a) Manager, with Owner’s approval, shall have submitted a written, bona-fide offer to the prospective tenant or such tenant’s broker which, within the one hundred eighty (180)-day period prior to the expiration or notification to Manager of the termination of its Agreement, has been accepted or responded to by a written counter-offer, the terms of which counter-offer are then being negotiated, or (b) Manager, with the prospective tenant’s authorization, shall have submitted to Owner a written, bona-fide offer by such tenant or such tenant’s broker which, within the one hundred eighty (180)-day period prior to the expiration or notification to Manager of the termination of this Agreement, has been accepted or responded to by a written counter-offer submitted by Manager, on behalf of Owner, and the terms of which counter-offer are then being negotiated.
Actively Negotiating means that the prospect shall have countered a written proposal from Landlord in writing within four (4) months prior to Tenant’s proposed transfer for the lease of space in the Building or the Project. If Landlord consents to the proposed Transfer, then the Transfer may be effected within 90 days after the date of the consent upon the terms described in the information furnished to Landlord; provided that any material change in the terms shall be subject to Landlord’s consent as set forth in this Section 9.1(b). Landlord shall approve or disapprove any requested Transfer within 15 business days following receipt of Tenant’s written notice and the information set forth above. Except in connection with a Permitted Transfer (as defined below), if Landlord approves the Transfer Tenant shall pay a transfer fee of $1,000.00 to Landlord concurrently with Tenant’s execution of a Transfer consent prepared by Landlord.
Actively Negotiating means that a draft lease has been prepared by either Landlord or said third party and the other party has given comments with respect to such draft lease.