Become Available definition

Become Available means that (i) with the exception of Lessee’s separate lease of the Excluded Space in existence on the date of this Second Amendment, the Superior Lease of the subject First Offer Space has terminated, either by default, mutual agreement, or expiration of the initial term of such Superior Lease, and (ii) the space which was the subject of such existing lease has not been relet to any of the Superior Rights Holders (including, any of the third party lessees of the Excluded Space referenced in the preceding sentence), or a permitted assignee of any such Superior Rights Holder (as provided in the respective Superior Lease), immediately thereafter, either through (X) the exercise of any Superior Right within the subject Superior Lease, or (Y) the exercise of a Superior Right by any other Superior Rights Holder, or (Z) (1) with respect to all periods on or before December 31, 2022, in the case of leases of retail space only, the renewal, whether by right or negotiation, of the previous Superior Lease with respect to any such space by the Superior Rights Holder who was the tenant under the subject Superior Lease or any other party who is then in occupancy of the subject space under the subject Superior Lease, and (2) with respect to all periods after December 31, 2022, the renewal, whether by right or negotiation, of the previous Superior Lease with respect to any such space by the Superior Rights Holder who was the tenant under the subject Superior Lease or any other party who is then in occupancy of the subject space under the subject Superior Lease.
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Examples of Become Available in a sentence

  • Lessee shall commence payment of the First Offer Effective Rent for the First Offer Space described in the First Offer Notice and the term of such First Offer Space shall commence (“First Offer Commencement Date”) upon the date set forth in the First Offer Notice or, solely with respect to any First Offer Space that has Become Available after December 31, 2022, as otherwise negotiated between Lessor and Lessee as provided in Paragraph 7(b)(ii) above.

  • Except as provided in the First Offer Notice or, solely with respect to any First Offer Space that has Become Available after December 31, 2022, as otherwise negotiated between the parties as provided in Paragraph 7(b)(ii) above, Lessor shall have no obligation to construct or install any improvements, furnishings or equipment whatsoever in the First Offer Space.

  • Lessor hereby grants to Lessee a right of first offer with respect to office space that has Become Available (as hereinafter defined) in either the building located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “▇▇▇▇ Building”) or the building located at ▇▇▇▇ ▇▇▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇▇ (the “▇▇▇▇▇ Building”) (such space within the ▇▇▇▇ Building or the ▇▇▇▇▇ Building, herein the “First Offer Space”).

  • From and after the Effective Date, Lessor shall notify Lessee (the “First Offer Notice”) from time to time when any First Offer Space has Become Available for lease to third parties, provided that no Superior Rights Holder wishes to exercise a Superior Right (as such terms are defined in Paragraph 7(c) below) to lease such First Offer Space and that such right of first offer has not otherwise terminated as set forth in Paragraph 7(f) below.

  • Pursuant to such First Offer Notice, Lessor shall offer to lease to Lessee the First Offer Space which has then Become Available.

  • The Right of First Offer shall not be contingent on Lessee leasing space in either the ▇▇▇▇ Building or the ▇▇▇▇▇ Building as of the date of this Second Amendment or as of the date First Offer Space has Become Available in such buildings.

  • Lessee shall take any and all First Offer Space in its then “as is” condition, with such tenant improvement allowance, if any, offered by Lessor in the First Offer Notice or, solely with respect to any First Offer Space that has Become Available after December 31, 2022, as otherwise negotiated between Lessor and Lessee as provided in Paragraph 7(b)(ii) above.

  • If Lessee timely exercises Lessee’s right to lease the First Offer Space described in the First Offer Notice, Lessor and Lessee shall within thirty (30) days thereafter execute a lease agreement for such First Offer Space upon the terms and conditions set forth in the First Offer Notice or, solely with respect to any First Offer Space that has Become Available after December 31, 2022, as otherwise negotiated between Lessor and Lessee as provided in Paragraph 7(b)(ii) above.

  • Posting of Vacant Positions That Become Available During the Current School Year Subject to other provisions of this Section, posting shall be done for all vacancies and new positions requiring a contract occurring between the first day of the school year and June of that school year.

  • The First Offer Leasing Notice shall: (a) advise Tenant that Landlord intends to offer on the market the 15th Floor Offer Space; (b) describe the location of the First 15th Floor Offer Space that has or will Become Available; and (c) contain the date on which the 15th Floor Offer Space will be available for leasing by Tenant.