Common use of Extension Options Clause in Contracts

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 3 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine a Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine B Loan Agreement (Hospitality Investors Trust, Inc.)

AutoNDA by SimpleDocs

Extension Options. Subject to the provisions of this Section 2.7, (a) Borrower shall have the option two (the 2) options (each, an First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7of the Loan for consecutive one (1) year periods (each, 2022 (the an First Extended Maturity Date”, and such extended term, the “First Extended TermExtension Period”). In order to exercise the event Borrower shall have exercised the First Extension Optionfirst such extension right, Borrower shall have the option (the “Second Extension Option”), by deliver to Lender a written notice (the “Second Extension Notice”which may be revocable) delivered to Lender of such extension no earlier than ninety (90) days and no later than ten thirty (1030) days prior before the Initial Maturity Date (provided that if Borrower shall subsequently revoke such notice, then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs), and, upon giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Initial Maturity Date as theretofore in effect will be extended to the First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to extend Lender a written notice (which may be revocable) of such extension no earlier than ninety (90) days and no later than thirty (30) days before the First Extended Maturity Date to November 7(provided that if Borrower shall subsequently revoke such notice, 2023 (then Borrower shall be responsible for Lender’s out of pocket costs and expenses in connection with such revocation, including, without limitation, Breakage Costs) and, upon the “Second Extended Maturity Date”giving of such notice of extension, and such extended term, subject to the “Second Extended Term”). In the event Borrower shall have exercised satisfaction of each of the First Extension Option and applicable conditions set forth below in Section 2.3.6(b) on or before the Second Extension Optionapplicable date specified below, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior Maturity Date as theretofore in effect will be extended to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:.

Appears in 3 contracts

Samples: Mezzanine a Loan Agreement (BRE Select Hotels Corp), Loan Agreement (BRE Select Hotels Corp), Mezzanine B Loan Agreement (BRE Select Hotels Corp)

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7September 9, 2022 2017 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7September 9, 2023 2018 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7September 9, 2024 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the applicable Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 3 contracts

Samples: Loan Agreement (Invitation Homes Inc.), Loan Agreement (Invitation Homes Inc.), Loan Agreement (American Residential Properties, Inc.)

Extension Options. Subject to the provisions For purposes of this Section 2.7Lease, Borrower the initial Term of this Lease expiring on December 31, 2013 is referenced herein as the “Initial Term.” Tenant shall have the option two (2) options (the “First Extension Options”) to extend the Initial Term and Expiration Date, each Extension Option to be for a three (3) year period (each such period an “Extension Period”). Each Extension Option is conditioned upon (i) proper exercise of the applicable Extension Option”), and of the prior Extension Option for Tenant to have the right to exercise the Extension Option for the second Extension Period, and (ii) no event of default in respect of Tenant, as defined in Section 12.01, has occurred and is continuing at the time of the notice from Tenant exercising the Extension Option or at the commencement date of the Extension Period under such Extension Option. If Tenant desires to exercise an Extension Option, it must do so by written notice to Landlord on or before the date six (the “First Extension Notice”6) delivered to Lender no later than ten (10) days months prior to the Initial Stated Maturity Date, to extend commencement date of the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and Extension Period under such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower time being of the essence. The Extension Options shall have terminate if an Extension Option is not timely exercised by Tenant by notice as provided in this Lease. If Tenant timely exercises an Extension Option as provided above, the option Term and Expiration Date shall be extended for the Extension Period under such Extension Option, such Extension Period to commence upon expiration of the Initial Term (for the first Extension Period) or the prior Extension Period (for the second Extension Period). Any and all such Extension Periods shall be on the same provisions as are set forth herein, with Tenant continuing to lease the Premises in its “As Is” condition during the Extension Periods, except that Base Rent shall be established as set forth below. All references to the “Second Term” of this Lease shall, unless the context shall clearly indicate a different meaning, be deemed to include a reference to the Initial Term and any Extension Option”)Periods as provided above. Base Rent at the commencement of each Extension Period shall be the greater of (i) ninety five percent (95.0%) of the then existing Fair Market Rental for the Premises, by written notice or (ii) the “Second Extension Notice”) delivered to Lender no later than ten (10) days Base Rent in effect immediately prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each commencement of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”)Period. The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred Base Rent in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:effect immediately

Appears in 2 contracts

Samples: Deed of Lease (Xenith Bankshares, Inc.), Deed of Lease (Xenith Bankshares, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7May 1, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7May 1, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7May 1, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.), Loan Agreement (Hospitality Investors Trust, Inc.)

Extension Options. Subject to (a)Provided (i) that the provisions Lease shall be in full force and effect; (ii) that, except for a Corporate Transfer, Tenant shall have not assigned the Lease nor sublet any portion of this Section 2.7the Demised Premises; and (iii) that no default under any of the terms, Borrower provisions, covenants or conditions of the Lease has occurred, then, and only in such event, Tenant shall have the option (the “First Extension Option”)right, by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Dateat Tenant’s sole option, to extend the Maturity Date term of the Lease for up to November 7, 2022 three (the 3) additional periods of five (5) years each (each an First Extended Maturity Date”, and such extended term, the “First Extended Extension Term”). In the event Borrower Such extension options shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), be exercisable by Tenant giving written notice (of the “Second Extension Notice”) delivered exercise of such extension option to Lender Landlord no later than ten nine (109) days months prior to the First Extended Maturity Dateexpiration of the then-current term; provided, however, in the event Tenant fails to exercise such option to extend during the First Extended Maturity Date aforesaid time period, such extension option (and any subsequent extension option) shall become null and void and all rights with respect thereto shall automatically terminate and expire. Each Extension Term shall be upon the terms, covenants and conditions as set forth herein with respect to November 7the initial Lease Term, 2023 except that Base Annual Rent shall be determined for each Extension Term in accordance with the provisions of Section 41(b) below. Despite the foregoing, within thirty (30) days of delivery to Landlord of Tenant’s written election to exercise an extension option, Landlord shall deliver to Tenant, Landlord’s determination of the “Second Extended Maturity Date”, Base Annual Rent and rent escalator for such extended term, the “Second Extended Extension Term”). In the event Borrower Tenant thereafter shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option thirty (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (1030) days prior to the Second Extended Maturity Dateagree to Landlord’s proposed Base Annual Rent and rent escalator for such Extension Term or elect arbitration in accordance with Section 41(b) below. If Tenant does not elect such arbitration in writing, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice Tenant shall be revocable at any time deemed to have rescinded its extension election and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each waived all remaining extension hereunder:options.

Appears in 2 contracts

Samples: Deed of Lease (Maxcyte, Inc.), Deed of Lease (Maxcyte, Inc.)

Extension Options. Subject Landlord agrees that Tenant shall have, and it is hereby granted, two (2) successive options (the “Extension Options”) to extend the Term, in Tenant’s sole discretion, for a period of ten (10) years each (individually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period, except that Base Rent (as defined in Section 2.72.01 below) for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Section 2.01 below, Borrower payable in equal monthly installments as Monthly Base Rent (as defined in Section 2.01). In order to exercise the Extension Options, Tenant shall have the option (the “First Extension Option”), by written give Landlord notice (the “First Extension Notice”) delivered to Lender of such exercise no later than ten one hundred twenty (10120) days prior to the Initial Stated Maturity Dateend of the initial Term of this Lease or the prior Extension Period; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the expiration of said thirty (30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Maturity Date Term under any of the options set forth in this Lease through inadvertent failure to November 7give the extension notice within the time limits prescribed. Accordingly, 2022 (if Tenant shall fail to give an extension notice to Landlord for any of the “First Extended Maturity Date”Extension Periods, and such extended termif Landlord shall fail to give Landlord’s Notice to Tenant, then until the expiration of thirty (30) days following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not intend to exercise said option to extend, the “First Extended Term”)Term shall be extended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term extend beyond the last date of the last Extension Period. In Upon the event Borrower failure of Tenant to exercise one or any of the options herein following Landlord’s Notice, and, in any event, upon expiration of the last of such Extension Periods, Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s further or additional right to so renew or extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:this Lease.

Appears in 2 contracts

Samples: Master Lease Agreement (Spirit MTA REIT), Master Lease Agreement (Spirit Realty Capital, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower (a) Tenant shall have the option (the “First Extension Option”)right, by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Dateat its option, to extend the Maturity Date term of this Lease for the Extension Period(s) upon the same terms, covenants and conditions herein set forth; provided, however, that the Minimum Rent for the first Lease Year of each Extension Period shall be increased to November 7, 2022 the greater of (i) the “First Extended Maturity Date”, and such extended termmarket rate then being charged for similar space in the Shopping Center or (ii) the Minimum Rent for the preceding Lease Year increased by three percent (3%). Thereafter, the “First Extended Term”)Minimum Rent for each successive Lease Year during each Extension Period shall be an amount equal to the Minimum Rent for the last preceding Lease Year, increased by three percent (3%) per annum. In order to exercise the event Borrower shall have exercised the First Extension Option, Borrower Tenant shall have the option (the “Second Extension Option”), by be required to give written notice of its intention to extend at least six (the “Second Extension Notice”6) delivered to Lender no later months but not more than ten nine (109) days months prior to the First Extended Maturity Lease Termination Date, or expiration of the then current Extension Period, as the case may be. Failure to extend deliver timely notice as required above shall cause the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”Extension Option, and such extended termall remaining Extension Options, the “Second Extended Term”)to lapse and be of no further force and effect. In the event Borrower Further, if Tenant shall have exercised each be in default of the First terms of this Lease, Tenant shall not have the right to exercise the Extension Option and if Tenant shall default hereunder after such right has been exercised but within the Second six (6) month period preceding the Extension OptionPeriod such election shall, Borrower shall have the option (the “Third Extension Option”)at Landlord’s option, by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, be null and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:void.

Appears in 2 contracts

Samples: Lease (Carrollton Bancorp), Lease (Carrollton Bancorp)

Extension Options. Subject Landlord agrees that Tenant shall have, and it is hereby granted, two (2) successive options (the “Extension Options”) to extend the Term as to any Property Location or Property Locations, in Tenant’s sole discretion, for a period of ten (10) years each (individually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period, as the case may be. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period with respect to the Property Locations that Tenant elects to extend, except that Base Rent (as defined in Section 2.72.01 below) for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Sections 1.04 and 2.01 below, Borrower payable in equal monthly installments as Monthly Base Rent (as defined in Section 2.01). In order to exercise the Extension Options, Tenant shall have give Landlord notice of such exercise (which notice shall identify the option (the “First Extension Option”), by written notice (the “First Extension Notice”Property Locations that are to be extended) delivered to Lender no later than ten one hundred twenty (10120) days prior to the Initial Stated Maturity Dateend of the initial Term of this Lease or the prior Extension Period, as the case may be; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the expiration of said thirty (30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Maturity Date Term under any of the options set forth in this Lease through inadvertent failure to November 7give the extension notice within the time limits prescribed. Accordingly, 2022 (if Tenant shall fail to give an extension notice to Landlord for any of the “First Extended Maturity Date”Extension Periods, and such extended termif Landlord shall fail to give Landlord’s Notice to Tenant, then until the expiration of thirty (30) days following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not intend to exercise said option to extend, the “First Extended Term”)Term shall be extended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term extend beyond the last date of the last Extension Period. In Upon the event Borrower failure of Tenant to exercise one or any of the options herein following Landlord’s Notice, and, in any event, upon expiration of the last of such Extension Periods, Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s further or additional right to so renew or extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:this Lease.

Appears in 2 contracts

Samples: Master Lease (Spirit Finance Corp), Lease Agreement (Spirit Finance Corp)

Extension Options. Subject to the provisions of this Section 2.7, Borrower Tenant shall have the right and option to extend the Lease for two (2) consecutive periods of one (1) year each under the same terms and conditions as stated in the Lease (each an First Extension Option”), with the exceptions that (a) no further extension options shall exist, and (b) monthly rental for such extension term shall be as follows: FIRST EXTENSION OPTION BASE RENT (OFFICE PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 25 – Month 36 $ 26.52 $ TBD BASE RENT (LABORATORY PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 25 – Month 36 $ 19.10 $ TBD SECOND EXTENSION OPTION BASE RENT (OFFICE PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 36 – Month 48 $ 27.32 $ TBD BASE RENT (LABORATORY PREMISES) Period Annual Base Rent PSF Estimated Expenses PSF* Estimated Monthly Rent Month 36 – Month 48 $ 19.67 $ TBD * Estimate only. Additional Rent, including Building Expenses and Amenity Expenses, shall be calculated and reconciled as set forth in Paragraph 4 of the Lease. Each Extension Option shall be exercisable by Tenant, if at all, only by timely delivery to Landlord of written notice of election at least six (the “First Extension Notice”6) delivered to Lender no later than ten (10) days months prior to the Initial Stated Maturity expiration of the then current Expiration Date, but no earlier than twelve (12) months prior to extend the Maturity Date expiration of the then current Expiration Date. The option herein granted shall be deemed to November 7, 2022 (the “First Extended Maturity Date”be personal to Tenant, and if Tenant subleases any portion of the Premises or otherwise assigns or transfers any interest thereof to another party (other than a Permitted Transfer), such extended term, the “First Extended Term”)option shall lapse. In the event Borrower that Tenant is in default of any term or condition at the time of its exercise notice beyond any applicable notice and grace period, then there shall have exercised be no extension or renewal of the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered Lease as provided herein. As they apply to Lender no later than ten (10) days prior to the First Extended Maturity Date, Tenant’s right to extend the First Extended Maturity Date to November 7, 2023 (term of the “Second Extended Maturity Date”, and such extended termLease, the parties acknowledge and agree that the terms Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the extend,” Third Extension Option”), by written notice (the extension,” Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the renew,” and/or Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice renewal” shall be revocable at any time and for any reason by Borrower prior to deemed the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:same.

Appears in 2 contracts

Samples: Office Lease (Recursion Pharmaceuticals, Inc.), Office Lease (Recursion Pharmaceuticals, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7May 1, 2022 2017 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7May 1, 2023 2018 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7May 1, 2024 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Loan Agreement (W2007 Grace Acquisition I Inc), Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7May 1, 2022 2020 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7May 1, 2023 2021 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7May 1, 2024 2022 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 2 contracts

Samples: Loan Agreement (Hospitality Investors Trust, Inc.), Mezzanine Loan Agreement (Hospitality Investors Trust, Inc.)

Extension Options. Subject Tenant is hereby granted three (3) successive options (each an “Option”; collectively, “Options”) to extend the provisions Term for an additional term of this Section 2.7, Borrower shall have the option five (the 5) years for each Option (each an First Extension OptionTerm”), beginning on the day after the expiration of the then-current Term and continuing for five (5) years (unless terminated sooner pursuant to any other terms or provisions of the Lease), on all of the same terms and conditions as set forth in the Lease, but at an adjusted Monthly Base Rent as set forth below in Section 2.3.2 (with respect to the first Extension Term) and Section 2.3.3 (with respect to the second and third Extension Terms) (and without any additional option to extend the Lease Term after the expiration of the third Extension Term). Each Option may be exercised by Tenant only by delivery of written notice thereof to Landlord (the First Extension Notice”), which notice must be received by Landlord at least six (6) delivered full calendar months before the expiration of the then-current Term and, once given, shall be irrevocable and binding on both parties. If Tenant fails to Lender no later than ten (10) days timely deliver such written notice, or if this Lease is terminated pursuant to any other terms or provision of this Lease prior to the Initial Stated Maturity Dateexpiration of the Term, the Options shall terminate, and Tenant shall have no right to renew or extend the Maturity Date Lease. Each Option shall be exercisable by Tenant on the express condition that at the time of delivery of Tenant’s notice of its election to November 7, 2022 (exercise the “First Extended Maturity Date”Option, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days at all times prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each commencement of the First Extension Option Term, Tenant shall not be in default under this Lease beyond any applicable notice and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:cure period.

Appears in 1 contract

Samples: Work Letter Agreement (Lacrosse Footwear Inc)

Extension Options. Subject (a) Provided both on the date Tenant’s Extension Notice (as hereinafter defined) is given and on the then-scheduled expiration date (i) Tenant shall not then be in breach or default under any term, covenant or condition of this Lease on Tenant’s part to be observed or performed, and (ii) Boston Private Financial Holdings, Inc. and/or Affiliates of Boston Private Financial Holdings, Inc. is (or are) in occupancy of not less than sixty-five (65%) of the rentable area of the Premises then demised under this Lease, then Tenant may extend the Term of this Lease for three (3) successive periods (each, an “Extension Period”) of five (5) years each by written notice (each, a “Tenant’s Extension Notice”) to Landlord given at least sixteen and one-half (16.5) months prior to the commencement of each such Extension Period. Delivery of each Tenant’s Extension Notice shall unconditionally constitute the exercise by Tenant of the option to extend the Term of this Lease and in no event may Tenant revoke a Tenant’s Extension Notice, then such notice shall be irrevocable after delivery thereto. Immediately after delivery of each Tenant’s Extension Notice this Lease shall be automatically extended in accordance with the provisions of this Section 2.74.4. Each such extension shall be for and with respect to the entirety of the Premises then demised under this Lease. Each such extension shall be on the same terms and conditions set forth herein, Borrower except that (a) after the exercise of the third (3rd) such extension option Tenant shall have the no further option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date said Term, (b) Basic Rent payable with respect to November 7, 2022 (the “First Extended Maturity Date”, and each such extended term, the “First Extended Term”). In the event Borrower Extension Period shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered be equal to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each 97.5% of the First fair market rental value of the Premises during said Extension Option and the Second Extension OptionPeriod, Borrower shall have the option (the “Third Extension Option”), as determined by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Landlord promptly after receipt of Tenant’s Extension Notice shall be revocable at any time and for any reason by Borrower prior (subject to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). BorrowerTenant’s right to so extend object thereto as hereinafter set forth), and (c) Landlord shall have no obligation to make or pay for any improvements to the Maturity Date Premises or to pay any allowances or inducements of any kind. In determining fair market rental value, the following factors, among others, shall be subject to the satisfaction taken into account and given effect: size of the following premises, escalation charges then payable under the lease, location of the premises, location of the building, tenant improvement and fit-up of the premises, other transaction costs and lease term, and other terms and conditions precedent prior to each extension hereunder:then being provided for comparable lease transactions in comparable office buildings in the Downtown Boston Financial District.

Appears in 1 contract

Samples: Lease (Boston Private Financial Holdings Inc)

Extension Options. Subject Provided that, at the time of each such exercise, (i) this Lease is still in full force and effect, (ii) Tenant and/or any Tenant successors, sublessees or assignees for which Landlord’s consent was not required is occupying no less than sixty percent (60%) of the Premises for the conduct of its business, and (iii) no Default of Tenant shall have occurred and be continuing, Tenant shall have the right and option to extend the Term of this Lease for the entire Premises for two (2) extended terms often (10) years each (the “Extension Terms”). Any Extension Term shall commence on the day immediately succeeding the expiration date of the Initial Term or the first Extension Term, as the case may be, and shall end on the day immediately preceding the tenth (10th) anniversary of the first day of such Extension Term. Tenant shall exercise such option to extend by giving written notice to Landlord of its desire to do so not later than twelve (12) months prior to the expiration date of the Initial Term or the first Extension Term, as the case may be. Within ten (10) Business Days after receiving Tenant’s notice of its desire to extend the term of this Lease, Landlord shall provide Tenant with Landlord’s good faith estimate of the Fair Market Rental Value of the Premises for the applicable Extension Term (to be estimated as of the first day of the applicable Extension Term). The giving of such notice of extension by Tenant shall automatically extend the Term of this Lease for the applicable Extension Term, and no instrument of renewal or extension need be executed. In the event that Tenant fails to give such notice to Landlord, this Lease shall automatically terminate at the end of the Initial Term or the first Extension Term, as applicable, and Tenant shall have no further option to extend the Term of this Lease. Any Extension Term shall be on all the terms and conditions of this Lease, except: (i) during the second Extension Term, the provisions of this Section 2.7, Borrower A shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”not be effective, and such extended term, (ii) (a) the “First Extended Term”). In the event Borrower annual Basic Rent for each Extension Term shall have exercised the First Extension Option, Borrower shall have the option be ninety-five percent (the “Second Extension Option”), by written notice (the “Second Extension Notice”95%) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and Fair Market Rental Value for the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction Premises as of the following conditions precedent prior to each extension hereunder:commencement of such Extension Term.

Appears in 1 contract

Samples: Bright Horizons Family Solutions Inc.

Extension Options. Subject Borrower shall have the option to extend the provisions term of this Section 2.7the Loan for five (5) successive terms of one year beyond the Stated Maturity Date (each successive term, an “Extension Term”). Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7January 9, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7January 9, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7January 9, 2024 (the “Third Extended Maturity Date”). In the event Borrower shall have exercised the Third Extension Option, and such extended term, Borrower shall have the option (the “Third Extended TermFourth Extension Option”). The First , by written notice (the “Fourth Extension Notice shall Notice”) delivered to Lender (which notice may be revocable at any time and for any reason by Borrower revoked) no later than thirty (30) days prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but to extend the Third Extended Maturity Date to January 9, 2025 (the “Fourth Extended Maturity Date”). In the event Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation have exercised the Fourth Extension Option, Borrower shall have the option (excluding breakage coststhe “Fifth Extension Option”), by written notice (the “Fifth Extension Notice”) delivered to Lender (which notice may be revoked) no later than thirty (30) days prior to the Fourth Extended Maturity Date, to extend the Fourth Extended Maturity Date to January 9, 2026 (the “Fifth Extended Maturity Date”). Borrower’s right to so extend the applicable Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Loan Agreement (Invitation Homes Inc.)

Extension Options. Subject The Port hereby grants Tenant three (3) successive options to extend the provisions Term of this Section 2.7, Borrower shall have the option Agreement (the “First herein referred to individually as an "Extension Option”), by written notice (the “First Extension Notice”") delivered to Lender no later than for an additional period of ten (10) years for each option (herein referred to individually as "Extension Term") on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the third Extension Term and Rent during any such Extension Terms shall be determined pursuant to Section 4.3.2. Written notices of Tenant's exercise of the Extension Option for each Extension Term must be given to the Port no less than twelve (12) months prior to the expiration of the then-current Term (the "Extension Notice Date"). Tenant shall have no right to exercise its right to extend the Term of this Agreement at such time as an Event of Default is outstanding beyond the applicable notice and cure period; provided, that, if the Port declares an Event of Default within thirty (30) days prior to the Initial Stated Maturity Extension Notice Date, then the period of time within which said option may be exercised shall be extended as reasonably necessary for Tenant to extend cure the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)Event of Default. In the event Borrower that Tenant fails to exercise an Extension Option in the time periods contemplated above, the Term of this Agreement shall expire upon the expiration of the then-current Term, and Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, further right to extend the First Extended Maturity Date Term hereof. The Extension Options herein granted to November 7Tenant may not be separated from this Agreement in any manner, 2023 by reservation or otherwise; however, Permitted Subleases may provide that notice of exercise of a materially co-terminus (e.g., not more than one (1) month shorter) corresponding extension option by the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each subtenant of the First Extension Option entirety of the Premises is binding upon both Tenant and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Port under this Agreement.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. Subject (A) On the conditions (which conditions Landlord may waive by written notice to Tenant) that both at the provisions time of exercise of the herein described option to extend and as of the commencement of the Extended Term in question (i) there exists no monetary or material non-monetary “Event of Default” (defined in Section 15.1), (ii) this Lease is still in full force and effect, (iii) if the Building and the building known as Four Cambridge Center (the “4CC Building”), space within which Tenant is leasing herewith pursuant to a Lease of even date herewith (the “4CC Lease”), are both owned by entities affiliated with Boston Properties Limited Partnership or its successors and assigns or are otherwise affiliated with each other (as defined in Section 2.716.32), Borrower then provided that Tenant is contemporaneously exercising its right to extend the term of its 4CC Lease for a co-terminous period with the Extended Term, and (iv) Tenant has not sublet more than one half (1/2) of the Rentable Floor Area of the Premises (except for subletting permitted without Landlord’s consent under Section 12.2 hereof), Tenant shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, right to extend the Maturity Date Term hereof upon all the same terms, conditions, covenants and agreements herein contained (except for the Annual Fixed Rent and tax and operating cost bases, which shall be adjusted during the option period as hereinbelow set forth and except that there shall be no further option to November 7, 2022 extend after exercise of Tenant’s second five (the 5) year option to extend) for two (2) periods of five (5) years as hereinafter set forth. Each option period is sometimes herein referred to as an First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior .” Notwithstanding any implication to the First Extended Maturity Datecontrary, Landlord has no obligation to extend make any additional payment to Tenant in respect of any construction allowance or the First Extended Maturity Date like or to November 7, 2023 (perform any work to the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each Premises as a result of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), exercise by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and Tenant of any such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:option.

Appears in 1 contract

Samples: Agreement (Akamai Technologies Inc)

Extension Options. Subject Borrower shall have the option to extend the provisions term of this Section 2.7the Loan for five (5) successive terms of one year beyond the Stated Maturity Date (each successive term, an “Extension Term”). Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7December 9, 2022 2020 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7December 9, 2023 2021 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7December 9, 2024 2022 (the “Third Extended Maturity Date”). In the event Borrower shall have exercised the Third Extension Option, and such extended term, Borrower shall have the option (the “Third Extended TermFourth Extension Option”). The First , by written notice (the “Fourth Extension Notice shall Notice”) delivered to Lender (which notice may be revocable at any time and for any reason by Borrower revoked) no later than thirty (30) days prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but to extend the Third Extended Maturity Date to December 9, 2023 (the “Fourth Extended Maturity Date”). In the event Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation have exercised the Fourth Extension Option, Borrower shall have the option (excluding breakage coststhe “Fifth Extension Option”), by written notice (the “Fifth Extension Notice”) delivered to Lender (which notice may be revoked) no later than thirty (30) days prior to the Fourth Extended Maturity Date, to extend the Fourth Extended Maturity Date to December 9, 2024 (the “Fifth Extended Maturity Date”). Borrower’s right to so extend the applicable Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Loan Agreement (Invitation Homes Inc.)

Extension Options. Subject (i) Borrower may, from time to time, request that all or a portion of the provisions of this Section 2.7Loans (as used herein, Borrower shall have the option (the “First Extension OptionExisting Loans”) of any Class (an “Existing Class”) be converted to extend the termination date thereof and the scheduled maturity date(s) of any payment of principal with respect to all or a portion of any principal amount of such Existing Loans (any such Existing Loans which have been so extended, “Extended Loans”), by written notice (the “First Extension Notice”) delivered to Lender provided that any such extension may be requested no later than ten (10) 30 days prior to the Initial Stated Maturity Date, maturity of the applicable Class. Prior to extend the Maturity Date entering into any Extension Amendment with respect to November 7, 2022 (the “First any Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension OptionLoans, Borrower shall have the option (the “Second Extension Option”), by written provide a notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, Administrative Agent (who shall provide a copy of such notice to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Lenders of the applicable Existing Class and which such request shall be offered equally to all such Lenders) (an “Extension Option Request”) setting forth the proposed terms of the Extended Loans to be established thereunder, which terms shall be identical to the Loans of the Existing Class from which they are to be extended except that (w) the scheduled final maturity date of such Extended Loans will be delayed to later dates than the scheduled Maturity Date of such Existing Class, (x) (A) the interest rates, interest margins, rate floors and upfront fees with respect to the Second Extended Loans may be different than those for the Existing Loans and/or (B) additional fees may be payable to the Lenders providing such Extended Loans in addition to or in lieu of any of the items contemplated by the preceding clause (A), in each case, to the extent provided in the applicable Extension OptionAmendment, Borrower (y) the Extension Amendment may provide for other covenants and terms that apply to any period after the latest Maturity Date in effect prior to giving effect to such Extension Amendment, and (z) the terms of any Extended Loan may also contain other differences from the Existing Class from which they are to be extended as are approved by the Administrative Agent, acting reasonably, so long as such differences are not material and not adverse to the Lenders of such Existing Class; provided that, notwithstanding anything to the contrary in this Section 2.22(b) or otherwise, (1) the repayment of Loans with respect to any Extended Loans shall be made on a pro rata basis (or less than pro rata basis) with any repayments of the Existing Loans of the Class of Existing Loans from which they were extended (the mechanics for which may be implemented through the applicable Extension Amendment and may include technical changes related to the borrowing procedures of such Class of Existing Loans) and (2) assignments and participations of Extended Loans shall be governed by the same assignment and participation provisions applicable to Existing Classes set forth in Section 10.6. No Lender shall have any obligation to agree to have any of its Existing Loans of any Existing Class converted into Extended Loans pursuant to any Extension Request. Any Extended Loans of any Extension Series shall constitute a separate Class from the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, Existing Class from which they were converted and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at from any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:other existing Loans.

Appears in 1 contract

Samples: Credit Agreement (ESH Hospitality, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower Tenant shall have the option to extend the Term of this Lease for three (the “First Extension Option”), 3) additional periods of sixty (60) months each as set forth in Article 1 of this Lease (each such period being referred to herein as an "Option Term") only by giving Landlord written notice by the later to occur of (the “First Extension Notice”A) delivered to Lender no later than ten fifteen (1015) days following Tenant's receipt of written notice from Landlord reminding Tenant of the expiration date for Tenant's , ~ exercise of such option (which notice from Landlord shall not be delivered earlier than fifteen (15) months prior to the Initial Stated Maturity Dateexpiration of the then applicable Term), or (B) at least one (1) year before the expiration of the then applicable Term. All of the terms, covenants, conditions, provisions and agreements applicable to the initial Term shall be applicable to the Option Terms, including, without limitation, adjustment of the Minimum Annual Rent on each anniversary of the Commencement Date occurring during each Option Term. Time is of the essence with respect to Tenant's exercise of the options to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)Term of this Lease provided herein. In the event Borrower shall have exercised the First Extension Option, Borrower shall have the The option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (Term pursuant hereto by the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower Option Terms shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior not be personal to the Second Extended Maturity Date, original Tenant signatory to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, this Lease and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at exercisable by or for the benefit of any time and for any reason by Borrower prior to the Initial Stated Maturity Dateassignee or subtenant of Tenant (including, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Datewithout limitation, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred an assignee in connection with such revocation a "Permitted Transfer" pursuant to Section 13.4 below); provided, however, that in the event of Tenant's exercise of an option to extend pursuant hereto following any assignment of this Lease (excluding breakage costs). Borrower’s right other than to so extend an assignee in connection with a Permitted Transfer pursuant to Section 13.4 below) or while any sublease remains in effect with respect to the Maturity Date Premises, Minimum Annual Rent shall be subject to the satisfaction increased as of the following conditions precedent prior commencement of the applicable Option Term to equal the greater of (1) the amount which would otherwise then be due based upon the adjustment provided for in Section 6.1 below, or (2) the "Fair Market Rent" (as hereinafter defined) for the Premises as of the commencement of such Option Term, and Minimum Annual Rent as so adjusted upon the commencement of such Option Term shall be further adjusted on each extension hereunder:anniversary of the Commencement Date occurring during such Option Term in accordance with Section 6.1

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Extension Options. Subject (1) Landlord grants to the provisions of this Section 2.7, Borrower shall have Tenant the option to extend the Term for the First Extension Term as specified in Paragraph 21. of the Basic Lease Information (the "FIRST EXTENSION OPTION") with respect to all of the rentable area of the Premises leased by Tenant as of the Expiration Date of the Initial Term. The First Extension Option”)Term shall commence immediately following the Expiration Date of the Initial Term. The First Extension Option shall be exercised, if at all, by written notice to Landlord at any time during the Initial Term on or before the date that is six (the “First Extension Notice”6) delivered to Lender no later than ten (10) days months prior to the Initial Stated Maturity Expiration Date, which notice shall be irrevocable by Tenant. Tenant's right to extend exercise the Maturity Date First Extension Option shall be subject to November 7no Event of Default by Tenant occurring under the Lease and shall be further subject to Landlord's review and approval of Tenant's current financials as of the commencement of the First Extension Term. Notwithstanding the foregoing, 2022 (if an Event of Default exists under this Lease either at the time Tenant exercises the First Extended Maturity Date”Extension Option or at any time thereafter prior to or upon the commencement of the First Extension Term, Landlord shall have, in addition to all of Landlord's other rights and such extended termremedies under this Lease, the right to terminate the First Extended Term”). In the event Borrower shall have exercised Extension Option and to cancel unilaterally Tenant's exercise of the First Extension Option, Borrower in which event the Expiration Date of this Lease shall be and remain the then scheduled Expiration Date, and Tenant shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered no further rights under this Lease to Lender no later than ten (10) days prior to the First Extended Maturity Date, to renew or extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:.

Appears in 1 contract

Samples: I Lease (American Ecology Corp)

Extension Options. Subject (a) The Lessor grants to the Lessee two (2) consecutive options (individually, an "Extension Option" and collectively, the "Extension Options") to extend the Term of this Lease, each of such options being for a period of five (5) years (hereinafter collectively referred to as the "Extension Periods"), provided the Lessee exercises such Extension Options as set forth below, and provided further that, except as otherwise provided in Paragraph 39(c) below, there has been no assignment of this Lease or sublease of the Building or any portion thereof by the Lessee and provided that there exists either on the date the Lessee notifies the Lessor of its intent to exercise either of the Extension Options or at any time thereafter up to and including the date upon which the applicable Extension Period is to commence, no uncured default under this Lease. The Extension Options shall be personal to the Lessee and, except as otherwise provided in Paragraph 39(c) below, the same shall not be applicable to any successor or assignee of the Lessee (other than a corporate successor or affiliate of the Lessee) and, except as otherwise provided in Paragraph 39(c) below, the Lessee's successors or assigns (other than a corporate successor or affiliate of the Lessee) may not exercise the Extension Options as set forth in this Lease and as permitted under the terms of this Lease. The Lessee may exercise each of such Extension Options only by serving on the Lessor written notice of its intent to exercise the applicable Extension Option (the "Lessee's Exercise Notice") on that date which is twelve (12) months prior to (i) the Termination Date in the case of the first Extension Period (the "First Extension Period"), and (ii) the expiration of the First Extension Period in the case of the second Extension Period (the "Second Extension Period"). The First Extension Period, if properly exercised pursuant to the provisions of this Section 2.7Paragraph 38, Borrower shall have the option commence (the “First Extension Option”), by written notice (the “First Extension Notice”except as may otherwise be provided under Paragraph 39(f) delivered to Lender no later than below) on that date which is ten (10) days prior years and six (6) months after the Phase I Commencement Date and the Second Extension Period, if properly exercised pursuant to the Initial Stated Maturity provisions of this Paragraph 38, shall commence (except as may otherwise be provided under Paragraph 39(f) below) on that date which is fifteen (15) years and six (6) months afer the Phase I Commencement Date, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Lessee does not timely and properly exercise its Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, Options to extend the First Extended Maturity Date Term of this Lease for the Extension Periods, or if the Lessor has not received the Lessee's Exercise Notice by that date which is twelve (12) months prior to November 7(a) the Termination Date, 2023 (in the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each case of the First Extension Option Period, and (b) the expiration of the First Extension Period in the case of the Second Extension OptionPeriod, Borrower then this Paragraph 38 shall become null and void and of no further force and effect and the Lessee shall have the option (the “Third no such Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Options.

Appears in 1 contract

Samples: Agreement of Lease (Lechters Inc)

Extension Options. Subject Provided that Tenant is not in default under this Lease beyond any applicable cure period at the time of exercise of an option to extend provided herein or at any time thereafter prior to the provisions commencement of this Section 2.7an Option Term (as hereinafter defined), Borrower Tenant shall have the option to extend the Term for two (2) additional periods of five (5) Lease Years each (each such period being referred to herein as an “Option Term”) only by giving Landlord written notice at least one hundred eighty (180) days before the expiration of the then Initial Term or the first Option Term, as the case may be. All of the terms, covenants, conditions, provisions and agreements applicable to the Initial Term shall be applicable to the Option Terms, except that the Minimum Annual Rent payable during each Option Term shall be increased in accordance with Section 1.10 above and Section 5.2 below. Time is of the essence with respect to Tenant’s exercise of the options to extend the Term provided herein. Tenant’s failure to exactly comply with the time requirements set forth herein shall cause the options provided herein to automatically cease and terminate and, in such event, this Lease shall terminate upon the expiration of the Initial Term or the first Option Term, as the case may be. All references in this Lease to the “First Extension Option”Term” shall be deemed to mean the Initial Term as extended by the Option Terms, if and as applicable. The options to extend this Lease as described in this Section are personal to the original Tenant and to its successor following a Permitted Transfer (as defined in Section 16.4), by written notice (. If Tenant subleases any portion of the “First Extension Notice”) delivered Premises or assigns or otherwise transfers any interest under this Lease to Lender no later any person or entity other than ten (10) days in connection with a Permitted Transfer prior to the Initial Stated Maturity Dateexercise of any option, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, such options and such extended term, the “First Extended Term”). In the event Borrower any succeeding option shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:lapse.

Appears in 1 contract

Samples: Lease (Yoshiharu Global Co.)

Extension Options. Subject The Port hereby grants Tenant three (3) successive options to extend the Term of this Agreement (herein referred to individually as an “Extension Option”) for an additional period of ten (10) years apiece for the first two Extension Options and a period of five (5) years for the third Extension Option (herein referred to individually as “Extension Term”) on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the third Extension Term and Rent during any such Extension Terms shall be determined and subject to adjustment pursuant to Section 4.2. Written notices of Xxxxxx’s exercise of the Extension Option for each Extension Term must be given to the provisions Port no less than six (6) months prior to the expiration of this Section 2.7, Borrower shall have the option then-current Term (the “First Extension OptionNotice Date”). Tenant shall have no right to exercise its right to extend the Term of this Agreement at such time as an Event of Default is outstanding beyond the applicable notice and cure period; provided, by written notice that, if the Port declares an Event of Default within thirty (the “First Extension Notice”) delivered to Lender no later than ten (1030) days prior to the Initial Stated Maturity Extension Notice Date, and said default is curable, then the period of time within which said option may be exercised shall be extended as reasonably necessary for Tenant to extend cure the Maturity Date to November 7, 2022 (Event of Default within the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)applicable cure period set forth in Section 21.2.1 below. In the event Borrower that Tenant fails to exercise an Extension Option in the time periods contemplated above, the Term of this Agreement shall expire upon the expiration of the then-current Term (or, as applicable, Extension Term), and Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, further right to extend the First Extended Maturity Date Term hereof. The Extension Options herein granted to November 7Tenant may not be separated from this Agreement in any manner, 2023 (the “Second Extended Maturity Date”by reservation or otherwise, and such extended termmay only be exercised by Tenant, or an assignee of Tenant under a Permitted Assignment or other assignment of this Agreement consented to by the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered Port pursuant to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Article 25.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. Subject The Borrowers will have four successive ----------------- options to extend the Maturity Date, in each case by three months, for a total extension, if all four options are exercised, of twelve months (each such three-month period, an "Extension Term"). In order to exercise any such -------------- extension right, the Borrowers shall deliver to the provisions Administrative Agent notice of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) such extension at least 30 days prior to the Initial Stated Maturity Date as in effect immediately prior to such extension, unless such notice requirement is waived in writing by the Administrative Agent in its sole discretion (the Maturity Date, as so in effect, is hereinafter referred to extend as the "Extension Date" applicable -------------- to such extension). Upon the giving of each such notice of extension, and subject to the conditions set forth below in this Section, the Maturity Date as theretofore in effect will be extended to November 7the Payment Date that is closest to the three-month anniversary of the Extension Date. If the Borrowers fail to exercise any extension option strictly in accordance with the provisions hereof, 2022 (the “First Extended Maturity Date”such extension option, and such extended termany and all subsequent extension options hereunder, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, will automatically cease and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”)terminate. The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject extended pursuant to each of the satisfaction of Borrowers' notices as aforesaid, provided that the following conditions precedent are satisfied prior to each the Extension Date applicable to the corresponding extension: (i) no Default shall then be continuing; (ii) the applicable Extension Fee shall have been paid; and (iii) with respect to the first extension hereunder:option, the Borrowers and the Restricted Subsidiaries shall have delivered to the Collateral Agent, as additional collateral for the Loan, mortgages or deeds of trust, as the case may be (and related assignments of rents and leases and U.C.C. financing statements), in form and substance reasonably satisfactory to the Administrative Agent, providing the Collateral Agent on behalf of the Lenders with first-priority perfected mortgage liens (as insured by Title Insurance Policies in favor of the Collateral Agent on behalf of the Lenders, which Title Insurance Policies shall be accompanied by reasonably acceptable Surveys) on a sufficient number of Properties such that the outstanding principal balance of the Loan shall not exceed 60% of the aggregate fair market value of the Properties subject to such mortgage

Appears in 1 contract

Samples: Pledge Agreement (Cabot Industrial Trust)

Extension Options. Subject to the provisions Provided no Event of this Section 2.7Default then exists, Borrower Tenant shall have the right and option to extend this Lease for two (2) consecutive periods of five (5) years each (each a “Renewal Term”) under the same terms and conditions as stated in this Lease (each an First Extension Option”) by delivering written notice of the exercise thereof to Landlord between fifteen (15) months and nine (9) months before the expiration of the then current term of this Lease. Promptly after the Market Rental Rate (as defined below) has been established, Landlord and Tenant shall execute an amendment to this Lease extending the term of this Lease on the same terms provided in this Lease, except as follows: (a) The Base Rent payable for each month during each such Renewal Term shall be determined utilizing the Market Rental Rate; (b) Tenant shall have no further renewal options unless expressly provided for pursuant to this Section 3 or granted by Landlord in writing; (c) Landlord shall lease to Tenant the Premises in its then-current condition, and Landlord shall only provide to Tenant any allowances (e.g., moving allowance, construction allowance, and the like) or other tenant inducements that are generally available to tenants renewing leases of space comparable to this Lease (the amount of the Market Rental Rate shall reflect the provision of any such market allowances or other tenant inducements) unless Tenant elects in its renewal notice to lease the Premises for the applicable Renewal Term without the benefit of any such market allowances and/or inducements (in which case the Market Rental Rate shall reflect the same); and (d) the Cam Base Year and Tax Base Year shall each be modified to become the first calendar year of the applicable Renewal Term and rental obligations relative to Operating Expenses and Taxes shall be adjusted accordingly. The term “Market Rental Rate” will mean the arms-length fair market annual rental rate per rentable square foot that Landlord and owners of Comparable Properties (as defined in Section 4(A)(2) above) are, on or about the date on which the Market Rental Rate is being determined, charging for space comparable to the Premises. The determination of Market Rental Rate shall take into account any material economic differences between the terms of this Lease and any comparison lease, such as rent abatements, construction costs and other concessions and the manner, if any, in which the landlord under any such lease is reimbursed for operating expenses, taxes and electrical expenses. The determination of Market Rental Rate shall also take into consideration (1) any reasonably anticipated changes in the Market Rental Rate from the time such rate is being determined and the time such rate will become effective under this Lease, (2) the location, quality and age of the building, (3) floor level on which space is located, (4) any rental abatement, lease takeovers and/or assumptions, moving expenses and other concessions, (5) the term of the lease or renewal thereof, (6) the extent of the services to be provided, (7) the distinction between a “gross” and a “net” lease, (8) the base year or estimated basic cost per square foot for escalation purposes (including operating costs, insurance and ad valorem taxes), by written notice (9) the “First time the particular rental rate under consideration became or is to become effective, and (10) any other relevant term or condition. Landlord shall provide Tenant with Landlord’s good faith determination of the Market Rental Rate for the applicable Renewal Term not later than thirty (30) days after Tenant exercises the applicable Extension Notice”Option. Tenant shall elect, within thirty (30) days thereafter, in a writing delivered to Lender no Landlord to either (i) accept Landlord’s determination of such Market Rental Rate (in which case the Lease shall be deemed renewed for the applicable Renewal Term at such rate), or (ii) reject the same in which case the Market Rental Rate for the applicable Renewal Term will be determined in accordance with the process identified below in this Section 3. Failure by Tenant to provide such election within such 30-day time period shall constitute Tenant’s election under clause (ii) of the preceding sentence. The option herein granted shall be deemed to be personal to Tenant, and if Tenant subleases the entire Premises or otherwise assigns or transfers any interest thereof to another party such option shall lapse, unless such assignment, sublease or transfer was (x) a Permitted Transfer, or (y) at the time of Tenant’s exercise of an Extension Option the total aggregate amount of space subleased (or transferred) is less than half of the entire area of the Premises. If Tenant rejects or is deemed to have rejected Landlord’s determination of the Market Rental Rate for the applicable Renewal Term, then Landlord and Tenant shall meet in an effort to negotiate, in good faith, the Market Rental Rate applicable to the Premises. If Landlord and Tenant have not agreed upon the Market Rental Rate applicable to the Premises within five (5) days, then Landlord and Tenant shall attempt to agree, in good faith, upon a single broker not later than fifteen (15) business days thereafter who shall determine the Market Rental Rate for the Premises. If Landlord and Tenant are unable to agree upon a single broker within such time period, then Landlord and Tenant shall each appoint one broker not later than twenty (20) business days thereafter. Not later than ten (10) business days prior after the appointment of the second broker, the two appointed brokers shall appoint a third broker. If either Landlord or Tenant fails to appoint a broker within the prescribed time period, the single broker appointed shall determine the Market Rental Rate. If both parties fail to appoint brokers within the prescribed time periods, then the first broker thereafter selected by a party shall determine the Market Rental Rate. If a single broker is chosen, then such broker shall determine the Market Rental Rate applicable to the Initial Stated Maturity DatePremises. Otherwise, to extend the Maturity Date to November 7, 2022 Market Rental Rate shall be the arithmetic average of two (2) of the “First Extended Maturity Date”three (3) determinations which are the closest in amount, and such extended termthe third determination shall be disregarded. Landlord and Tenant shall instruct the brokers to complete their determination of the Market Rental Rate not later than fifteen (15) business days after the appointment of the final broker. Each party shall bear the costs of its own broker, and the “First Extended Term”)parties shall share equally the cost of the single or third broker if applicable. In the event Borrower Each broker shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than at least ten (10) days prior to years’ experience in the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, leasing of Comparable Properties and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:a licensed real estate broker.

Appears in 1 contract

Samples: Office Lease (Alliance Data Systems Corp)

Extension Options. Subject to the provisions of this Section 2.72.9, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender Agent no later earlier than ten one hundred twenty (10120) days prior to to, nor later than thirty (30) days prior to, the Initial Stated Maturity Date, to extend the Maturity Date to November March 7, 2022 2020 (the “First Extended Maturity Date”, ). The period of the Loan from the initial Stated Maturity Date through and such extended term, including the First Extended Maturity Date shall be referred to as the “First Extended Extension Term”). In If the event Borrower Maturity Date shall have exercised been timely and properly extended to the First Extension OptionExtended Maturity Date, then Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender Agent no later earlier than ten one hundred twenty (10120) days prior to to, nor later than thirty (30) days prior to, the First Extended Maturity Date, to extend the First Extended Maturity Date to November March 7, 2023 2021 (the “Second Extended Maturity Date”, ). If the Maturity Date shall have been timely and such properly extended term, to the Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension OptionMaturity Date, then Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender Agent no later earlier than ten one hundred twenty (10120) days prior to to, nor later than thirty (30) days prior to, the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November March 7, 2024 2022 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First An Extension Notice shall may be revocable at any time and for any reason revoked by Borrower written notice of revocation to Agent on or prior to two (2) Business Days prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended applicable Maturity Date and (not taking into account the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower requested extension); provided that Borrowers shall pay LenderAgent upon demand for all of Agent’s actual out-of-pocket out‑of‑pocket costs and expenses (including reasonable fees and disbursements of Agent’s counsel) actually incurred in connection with such revocation (excluding breakage costs)anticipated extension. Borrower’s right to so extend the Maturity Date to the First Extended Maturity Date, the Second Extended Maturity Date and the Third Extended Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Building Loan Agreement (KBS Strategic Opportunity REIT, Inc.)

Extension Options. Subject Landlord agrees that Tenant shall have, and it is hereby granted, two (2) successive options (the “Extension Options”) to extend the Term as to any Property Location or Property Locations, in Tenant’s sole discretion, for a period of ten (10) years each (individually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period, with respect to such Property Location or Property Locations, as the case may be. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period with respect to the Property Locations that Tenant elects to extend, except that Base Rent (as defined in Section 2.72.01 below) for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Section 2.01 below, Borrower payable in equal monthly installments as Monthly Base Rent (as defined in Section 2.01). In order to exercise the Extension Options, Tenant shall have give Landlord notice of such exercise (which notice shall identify the option (the “First Extension Option”), by written notice (the “First Extension Notice”Property Locations that are to be extended) delivered to Lender no later than ten one hundred twenty (10120) days prior to the Initial Stated Maturity Dateend of the initial Term of this Lease or the prior Extension Period with respect to such Property Location or Property Locations, as the case may be; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the expiration of said thirty (30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Maturity Date Term under any of the options set forth in this Lease through inadvertent failure to November 7give the extension notice within the time limits prescribed. Accordingly, 2022 (if Tenant shall fail to give an extension notice to Landlord for any of the “First Extended Maturity Date”Extension Periods, and such extended termif Landlord shall fail to give Landlord’s Notice to Tenant, then until the expiration of thirty (30) days following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not PHIL1 681004v.14 intend to exercise said option to extend, the “First Extended Term”)Term for the applicable Property Location or Property Locations, as the case may be, shall be extended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term for any Property Location extend beyond the last date of the last Extension Period applicable to such Property Location. In Upon the event Borrower failure of Tenant to exercise one or any of the options herein regarding any Property Location following Landlord’s Notice, and, in any event, upon expiration of the last of such Extension Periods with respect to such Property Location, Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s further or additional right to so renew or extend the Maturity Date shall be subject this Lease with respect to the satisfaction of the following conditions precedent prior to each extension hereunder:such Property Location .

Appears in 1 contract

Samples: Master Lease (Spirit Realty Capital, Inc.)

AutoNDA by SimpleDocs

Extension Options. Subject to the provisions of this Section 2.7, Borrower Tenant shall have the one (1) option (the “First Extension Option”), by written notice ) to extend the initial Term for one (1) extension term of five (5) years commencing at the expiration of the initial Term (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In Any extension of the event Borrower Term for the First Extension Term shall have exercised be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the First Extension Option, Borrower Tenant shall have no further extension rights hereunder. If Tenant timely exercises the First Extension Option as provided below, the Term shall be extended for the First Extension Term, and Tenant shall pay Base Rent for the Premises during the First Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the First Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is of the essence with respect to Tenant’s timely exercise of the First Extension Option as provided herein. Any notice exercising the First Extension Option must be unconditional and irrevocable in order to be effective. Except as set forth herein, Tenant’s lease of the Premises during the First Extension Term shall be on all of the terms and conditions in effect for the Premises immediately prior to such extension. Additionally, Tenant shall have one (1) option (the “Second Extension Option,” and together with the First Extension Option, as applicable, an “Extension Option), by written notice ) to extend the First Extension Term for one (1) extension term of five (5) years commencing at the expiration of the First Extension Term (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to Term,” and together with the First Extended Maturity DateExtension Term, to extend the First Extended Maturity Date to November 7as applicable, 2023 (the an Second Extended Maturity Date”, and such extended term, the “Second Extended Extension Term”). In the event Borrower shall have exercised each Any extension of the First Term for the Second Extension Option and Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the Second Extension Option, Borrower Tenant shall have no further extension rights hereunder. If Tenant timely exercises the option (Second Extension Option as provided below, the “Third Term shall be extended for the Second Extension Option”)Term, by written and Tenant shall pay Base Rent for the Premises during the Second Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate for the Premises for the Second Extension Term as determined in accordance with the provisions of this Section set forth below. Time is of the essence with respect to Tenant’s timely exercise of the Second Extension Option as provided herein. Any notice (exercising the “Third Second Extension Notice”) delivered Option must be unconditional and irrevocable in order to Lender no later than ten (10) days be effective. Except as set forth herein, Tenant’s lease of the Premises during the Second Extension Term shall be on all of the terms and conditions in effect for the Premises immediately prior to the Second Extended Maturity Datesuch extension, except that Tenant shall have no further option to extend the Second Extended Maturity Date to November 7, 2024 (Term after the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, end of the Second Extension Notice shall be revocable at any time Term. The procedures for Tenant to exercise an Extension Option, and for any reason by Borrower prior the applicable Extension Rent Rate (as defined below) applicable to the then First Extended Maturity Date and the Third applicable Extension Notice shall Term to be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Datedetermined, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:are as follows: [***]Confidential treatment has been requested

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Extension Options. Subject to the provisions of this Section 2.7, . Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7May 1, 2022 2017 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7May 1, 2023 2018 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). , In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7May 1, 2024 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Mezzanine Loan Agreement (American Realty Capital Hospitality Trust, Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower Tenant shall have the one (1) option (the “First Extension Option”), by written notice ) to extend the initial Term for one (1) extension term of five (5) years commencing at the expiration of the initial Term (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In Any extension of the event Borrower Term for the First Extension Term shall have exercised be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the First Extension Option, Borrower Tenant shall have no further extension rights hereunder. If Tenant timely exercises the First Extension Option as provided below, the Term shall be extended for the First Extension Term, and Tenant shall pay Base Rent for the Premises during the First Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate (as defined below) for the Premises for the First Extension Term as determined in accordance with the provisions of this Section set forth below (the “Extension Rent Rate”). Time is of the essence with respect to Xxxxxx’s timely exercise of the First Extension Option as provided herein. Any notice exercising the First Extension Option must be unconditional and irrevocable in order to be effective. Except as set forth herein, Xxxxxx’s lease of the Premises during the First Extension Term shall be on all of the terms and conditions in effect for the Premises immediately prior to such extension. Additionally, Tenant shall have one (1) option (the “Second Extension Option,” and together with the First Extension Option, as applicable, an “Extension Option), by written notice ) to extend the First Extension Term for one (1) extension term of five (5) years commencing at the expiration of the First Extension Term (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to Term,” and together with the First Extended Maturity DateExtension Term, to extend the First Extended Maturity Date to November 7as applicable, 2023 (the an Second Extended Maturity Date”, and such extended term, the “Second Extended Extension Term”). In the event Borrower shall have exercised each Any extension of the First Term for the Second Extension Option and Term shall be applicable to the entire Premises (as the same may be expanded). If Tenant fails timely to exercise the Second Extension Option, Borrower Tenant shall have no further extension rights hereunder. If Tenant timely exercises the option (Second Extension Option as provided below, the “Third Term shall be extended for the Second Extension Option”)Term, by written and Tenant shall pay Base Rent for the Premises during the Second Extension Term, in accordance with the terms and conditions of Section 4.02 of the Lease, at a Base Rent rate equal to the Fair Market Rent Rate for the Premises for the Second Extension Term as determined in accordance with the provisions of this Section set forth below. Time is of the essence with respect to Xxxxxx’s timely exercise of the Second Extension Option as provided herein. Any notice (exercising the “Third Second Extension Notice”) delivered Option must be unconditional and irrevocable in order to Lender no later than ten (10) days be effective. Except as set forth herein, Tenant’s lease of the Premises during the Second Extension Term shall be on all of the terms and conditions in effect for the Premises immediately prior to the Second Extended Maturity Datesuch extension, except that Tenant shall have no further option to extend the Second Extended Maturity Date to November 7, 2024 (Term after the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, end of the Second Extension Notice shall be revocable at any time Term. The procedures for Tenant to exercise an Extension Option, and for any reason by Borrower prior the applicable Extension Rent Rate (as defined below) applicable to the then First Extended Maturity Date and the Third applicable Extension Notice shall Term to be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Datedetermined, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunderare as follows:

Appears in 1 contract

Samples: Office Lease Agreement (Haemonetics Corp)

Extension Options. Subject The Port hereby grants Tenant three (3) successive options to extend the provisions Term of this Section 2.7, Borrower shall have the option Agreement (the “First herein referred to individually as an "Extension Option”), by written notice (the “First Extension Notice”") delivered to Lender no later than for an additional period of ten (10) years for each option (herein referred to individually as "Extension Term") on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the third Extension Term and Rent during any such Extension Terms shall be determined pursuant to Section 4.3.2. Written notices of Xxxxxx's exercise of the Extension Option for each Extension Term must be given to the Port no less than twelve (12) months prior to the expiration of the then-current Term (the "Extension Notice Date"). Tenant shall have no right to exercise its right to extend the Term of this Agreement at such time as an Event of Default is outstanding beyond the applicable notice and cure period; provided, that, if the Port declares an Event of Default within thirty (30) days prior to the Initial Stated Maturity Extension Notice Date, then the period of time within which said option may be exercised shall be extended as reasonably necessary for Tenant to extend cure the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)Event of Default. In the event Borrower that Tenant fails to exercise an Extension Option in the time periods contemplated above, the Term of this Agreement shall expire upon the expiration of the then-current Term, and Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, further right to extend the First Extended Maturity Date Term hereof. The Extension Options herein granted to November 7Tenant may not be separated from this Agreement in any manner, 2023 by reservation or otherwise; however, Permitted Subleases may provide that notice of exercise of a materially co-terminus (e.g., not more than one (1) month shorter) corresponding extension option by the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each subtenant of the First Extension Option entirety of the Premises is binding upon both Tenant and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Port under this Agreement.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7May 1, 2022 2017 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7May 1, 2023 2018 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). Mezzanine Loan Agreement In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7May 1, 2024 2019 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Mezzanine Loan Agreement (W2007 Grace Acquisition I Inc)

Extension Options. Subject to the provisions of this Section 2.7, Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten fifteen (1015) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7June 11, 2022 2021 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten fifteen (1015) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7June 11, 2023 2022 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten fifteen (1015) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7June 11, 2024 2023 (the “Third Extended Maturity Date”). In the event Borrower shall have exercised the Third Extension Option, and such extended term, Borrower shall have the option (the “Third Extended TermFourth Extension Option”). The First , by written notice (the “Fourth Extension Notice shall be revocable at any time and for any reason by Borrower Notice”) delivered to Lender no later than fifteen (15) days prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but to extend the Third Extended Maturity Date to June 11, 2024 (the “Fourth Extended Maturity Date”). Any Extension Notice may be revoked by Borrower at any time, and Borrower shall pay Lender’s actual reimburse Lender for any reasonable out-of-pocket expenses costs and expenses, including reasonable attorney’s fees and disbursements, incurred directly in connection conjunction with such revocation (excluding breakage costs)preparing for the applicable extension. Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Loan Agreement (Alexanders Inc)

Extension Options. Subject 41.01 Provided that, at the time of delivery of the applicable Extension Notice (as hereinafter defined) and on the Expiration Date and/or the First Extended Term Expiration Date, as applicable, this lease shall be in full force and effect and without default (after the expiration of any applicable notice and cure period) of any of the obligations required to the provisions of this Section 2.7be observed or performed by Tenant hereunder, Borrower Tenant shall have the option (hereinafter referred to as the “Extension Option”) to extend the term of this lease for two successive terms of five (5) years each (hereinafter each referred to as the “Extended Term”) the first Extended Term to commence on the day (hereinafter referred to as the “First Extension OptionExtended Term Commencement Date”) next succeeding the Expiration Date and to expire on the fifth (5th) anniversary of the Expiration Date (hereinafter referred to as the “Fist Extended Term Expiration Date”) and the second Extended Term to commence on the day (hereinafter referred to as the “Second Extended Term Commencement Date”) next succeeding the First Extended Term Expiration Date and to expire on the fifth (5th) anniversary of the First Extended Term Expiration Date (hereinafter referred to as the “Second Extended Term Expiration Date”), . Tenant shall exercise the respective Extension Option by sending a written notice thereof (herein referred to as the “First Extension Notice”) delivered to Lender Landlord on or before the day that shall be no earlier than 30 months prior to the Expiration Date or First Extended Term Expiration Date, as applicable, and no later than ten (10) days prior to 12 months preceding the Initial Stated Maturity Expiration Date or First Extended Term Expiration Date, as applicable. If Tenant shall send the Extension Notice within the time and in the manner hereinbefore provided, this lease shall be deemed extended for the applicable Extended Term upon the terms, covenants and conditions hereinafter contained. If Tenant shall fail to send the Extension Option, this lease shall cease and terminate on the Expiration Date or First Extended Term Expiration Date, as applicable, and Tenant shall have no further option to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each term of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:this lease.

Appears in 1 contract

Samples: Lease (American Realty Capital New York Recovery Reit Inc)

Extension Options. Subject Landlord agrees that Tenant shall have, and it is hereby granted, two (2) successive options (the “Extension Options”) to extend the Term as to any Property Location or Property Locations, in Tenant’s sole discretion, for a period of ten (10) years each (individually, an “Extension Period”, and collectively, the “Extension Periods”), each such Extension Period to begin respectively upon the expiration of the initial Term or the prior Extension Period, as the case may be. All of the terms, covenants and provisions of this Lease shall apply to each Extension Period with respect to the Property Locations that Tenant elects to extend, except that Base Rent for each of the Extension Periods shall continue to be adjusted pursuant to the terms of Sections 1.04 and 2.01 below, payable in equal monthly installments as Monthly Base Rent (as hereinafter defined in Section 2.72.01). In order to exercise the Extension Options, Borrower Tenant shall have give Landlord notice of such exercise (which notice shall identify the option (the “First Extension Option”), by written notice (the “First Extension Notice”Property Locations that are to be extended) delivered to Lender no later than ten one hundred twenty (10120) days prior to the Initial Stated Maturity Dateend of the initial Term of this Lease or the prior Extension Period, as the case may be; provided, however, that if Tenant shall fail to give the notice within the aforesaid time limit, Tenant’s right to exercise its option shall nevertheless continue during said one hundred twenty (120) day period until thirty (30) days after Landlord shall have given Tenant notice of Landlord’s election to terminate such option (“Landlord’s Notice”), and Tenant may exercise such option at any time until the expiration of said thirty (30) day period. It is the intention of the parties to avoid forfeiture of Tenant’s rights to extend the Maturity Date Term under any of the options set forth in this Lease through inadvertent failure to November 7give the extension notice within the time limits prescribed. Accordingly, 2022 (if Tenant shall fail to give an extension notice to Landlord for any of the “First Extended Maturity Date”Extension Periods, and such extended termif Landlord shall fail to give Landlord’s Notice to Tenant, then until the expiration of thirty (30) days following Landlord’s Notice, or until Tenant either exercises its option to extend or notifies Landlord that it does not intend to exercise said option to extend, the “First Extended Term”)Term shall be extended automatically from month to month upon all the terms and conditions then in effect, except that Monthly Base Rent shall be increased in accordance with Article 8, and in no event shall the Term extend beyond the last date of the last Extension Period. In Upon the event Borrower failure of Tenant to exercise one or any of the options herein following Landlord’s Notice, and, in any event, upon expiration of the last of such Extension Periods, Tenant shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s further or additional right to so renew or extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:this Lease.

Appears in 1 contract

Samples: Stock Purchase Agreement (Spirit Finance Corp)

Extension Options. Subject to the provisions of this Section 2.7, (a) Borrower shall have the option three (the “First Extension Option”), by written notice (the “First Extension Notice”3) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, options to extend the Maturity Date to November 7of Component A of the Loan for consecutive one (1) year periods (each, 2022 (the an First Extended Maturity Date”, and such extended term, the “First Extended TermExtension Option”). In order to exercise the event Borrower shall have exercised the First Extension Optionfirst such extension right, Borrower shall have the option (the “Second Extension Option”), by deliver to Lender written notice of such extension no earlier than ninety (the “Second Extension Notice”90) delivered to Lender days and no later than ten thirty (1030) days prior to before the First Extended Maturity DatePayment Date occurring in December 2014, to extend the First Extended Maturity Date to November 7and, 2023 (the “Second Extended Maturity Date”upon giving of such notice of extension, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of each of the following applicable conditions precedent prior set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Initial Maturity Date as theretofore in effect will be extended to the Component A First Extended Maturity Date. In order to exercise the second such extension right, Borrower shall deliver to Lender written notice of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Payment Date occurring in December 2015 and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Maturity Date as theretofore in effect will be extended to the Component A Second Extended Maturity Date. In order to exercise the third such extension hereunder:right, Borrower shall deliver to Lender written notice of such extension no earlier than ninety (90) days and no later than thirty (30) days before the Payment Date occurring in December 2016 and, upon the giving of such notice of extension, and subject to the satisfaction of each of the applicable conditions set forth below in Section 2.3.6(b) on or before the applicable date specified below, the Component A Maturity Date as theretofore in effect will be extended to the Component A Third Extended Maturity Date.

Appears in 1 contract

Samples: Management Agreement (ESH Hospitality LLC)

Extension Options. Subject (A) On the conditions (which conditions Landlord may waive by written notice to Tenant) that both at the provisions time of exercise of the herein described option to extend and as of the commencement of the Extended Term in question (i) there exists no monetary or material non-monetary “Event of Default” (defined in Section 15.1), (ii) this Lease is still in full force and effect, (iii) if the Building and the building known as Eight Cambridge Center (the “8CC Building”), space within which Tenant is leasing herewith pursuant to a Lease of even date herewith (the “8CC Lease”), are both owned by entities affiliated with Boston Properties Limited Partnership or its successors and assigns or are otherwise affiliated with each other (as defined in Section 2.716.32), Borrower then provided that Tenant is contemporaneously exercising its right to extend the term of its 8CC Lease for a co-terminous period with the Extended Term, and (iv) Tenant has not sublet more than one half (1/2) of the Rentable Floor Area of the Premises (except for subletting permitted without Landlord’s consent under Section 12.2 hereof), Tenant shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender no later than ten (10) days prior to the Initial Stated Maturity Date, right to extend the Maturity Date Term hereof upon all the same terms, conditions, covenants and agreements herein contained (except for the Annual Fixed Rent and tax and operating cost bases, which shall be adjusted during the option period as hereinbelow set forth and except that there shall be no further option to November 7, 2022 extend after exercise of Tenant’s second five (the 5) year option to extend) for two (2) periods of five (5) years as hereinafter set forth. Each option period is sometimes herein referred to as an First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior .” Notwithstanding any implication to the First Extended Maturity Datecontrary, Landlord has no obligation to extend make any additional payment to Tenant in respect of any construction allowance or the First Extended Maturity Date like or to November 7, 2023 (perform any work to the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each Premises as a result of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), exercise by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and Tenant of any such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:option.

Appears in 1 contract

Samples: Agreement (Akamai Technologies Inc)

Extension Options. Subject to the provisions So long as (i) this Lease is in full force and effect, (ii) no Material Event of this Section 2.7Default has occurred hereunder and remains uncured, Borrower and (iii) Tenant has not assigned any of its rights hereunder, Tenant shall have the right and option to extend the Initial Term of this Lease for the Extension Terms. Each such extension of the Initial Term shall be on the same terms, covenants and conditions as provided for in this Lease for the Initial Term, except that the Scheduled Base Rent during each Extension Term shall be at the Fair Market Rental then in effect, and Tenant shall pay no Amortized Improvement Repayment for any Extension Term. Notice of Tenant's intention to exercise this option must be given to Landlord in writing not less than fifteen (the “First Extension Option”), by written notice (the “First Extension Notice”15) delivered to Lender no later than ten (10) days months prior to the expiration of the Initial Stated Maturity DateTerm or the immediately preceding Extension Term, to extend the Maturity Date to November 7as applicable, 2022 (the “First Extended Maturity Date”of this Lease, and shall THIS AGREEMENT IS SUBJECT TO BINDING ARBITRATION PURSUANT TO S. C. CODE Section 15-48-10 ET SEQ., AS AMENDED FROM TIME TO TIME. include Xxxxxx's determination of Fair Market Rental as of such extended termdate (such Tenant notice to be referred to herein as "TENANT'S RENEWAL NOTICE"). Once given with respect to any Extension Term, the “First Extended Term”)Tenant's Renewal Notice shall be irrevocable and binding on Tenant, except that Fair Market Rental shall be determined as provided herein. In the event Borrower shall have exercised the First Extension OptionTenant fails to deliver Xxxxxx's Renewal Notice within the time period set forth above, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s Xxxxxx's right to so extend the Maturity Date Term hereof for such Extension Term and each succeeding Extension Term shall expire and be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:no further force and effect.

Appears in 1 contract

Samples: Leiner Health Products Inc

Extension Options. Subject Tenant shall have two (2) options (the "Extension Options") to extend the term of this Lease for an additional period of five (5) years each on the same terms and conditions provided in this Lease, except that Basic Rent shall be as specified in Section 6 hereof and there shall be only two five (5) year extensions (such option periods being referred to herein as the First Option Term and Second Option Term respectively and collectively as the "Extended Term"). Each Extension Option may be exercised by Tenant by giving written notice to Landlord of Tenant's exercise of such Extension Option at least fifteen (15) months prior to the provisions expiration of the Initial Term or First Option Term, as the case may be; provided, however, that if an uncured material default shall exist hereunder after notice and beyond any applicable grace period at any time from the date of Landlord's receipt of the written notice of Tenant's exercise of an Extension Option to the date the First or Second Option Term, as the case may be, is to begin, Landlord may, at its option and by written notice to Tenant, declare Tenant's exercise of the Extension Option null and void, in which case the First or Second Option Term, as the case may be, shall not begin and this Lease shall expire at the end of the Initial Term or the First Option Term or sooner pursuant to Section 2.722, Borrower as the case may be. The Initial Term, the First Option Term, and the Second Option Term are collectively referred to herein as the "Term". The First Option Term and the Second Option Term (subject to the due exercise of the relevant Exercise Option) are each referred to as the "Extended Term". Notwithstanding the foregoing, Tenant shall have the option right to disaffirm its exercise of an Extension Option provided that Tenant notifies Landlord not less than six (the “First Extension Option”), by written notice (the “First Extension Notice”6) delivered to Lender no later than ten (10) days months prior to the end of the Initial Stated Maturity DateTerm or the First Option Term, as the case may be, provided that Tenant shall reimburse Landlord for all costs out of pocket and expenses incurred by Landlord related to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”appraisal process set forth on Exhibit C attached hereto, and provided further that if such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option notice is not given at least one (the “Second Extension Option”), by written notice (the “Second Extension Notice”1) delivered to Lender no later than ten (10) days year prior to the First Extended Maturity Date, to extend end of the end of the Initial Term or the First Extended Maturity Date to November 7Option Term, 2023 (as the “Second Extended Maturity Date”, and such extended termcase may be, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice Term shall be revocable at any time and for any reason by Borrower prior to extended such that the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Termination Date shall be subject to the satisfaction last day of the twelfth month following conditions precedent prior to each extension hereunder:the month in which such notice is given.

Appears in 1 contract

Samples: Lease Agreement (Cross a T Co)

Extension Options. 2.3.1 Subject to and in accordance with the provisions terms and conditions of this Section 2.72.3, Borrower Tenant shall have the option number of Extension Options specified in Item 6 of the Basic Lease Information to extend the Term of this Lease, for the respective Extension Terms specified in such Item 6, upon the same terms, conditions and provisions applicable to the then-current Term of this Lease (except as provided otherwise herein). The monthly Extension Term Base Rent payable with respect to the Tenant Space for the first year of the Extension Term shall be equal to one hundred percent (100%) of the then-current market rate then being charged by Landlord for comparable space in the Building taking into consideration the 3% annual base rent increase as set forth below, and by other landlords for extensions of leasehold interests for comparable space in comparable datacenter facilities located in the city in which the Building is located, if any, taking into consideration the quality, size, utility and location thereof, the length of the extension term, the credit standing of Tenant, any Tenant concessions being offered in the market for comparable extensions, the amenities provided to Tenant and the quality of the landlord as a first-class datacenter improvements operator (the “First Extension OptionFair Market Rent”); provided, however, that, once the Base Rent has been determined in accordance with this Section 2.3 with regard to the first year of an Extension Term, the monthly Base Rent for each subsequent year of such Extension Term shall be increased hereunder as of the first (1st) day of each such subsequent year to be equal to one hundred three percent (103%) of the scheduled monthly Base Rent for the immediately preceding year of such Extension Term. 2.3.2 Tenant may exercise each Extension Option only by delivering written notice (“Extension Option Interest Notice”) to Landlord at least six (6) calendar months prior to the then applicable expiration date of the Term, specifying that Tenant is interested in exercising an Extension Option pursuant to this Section 2.3 and, if Tenant timely exercised its Suite 409 Extension Option (as defined in the Second Amendment), Tenant must also specify whether Tenant is exercising the Extension Option as it relates to (a) the entire Tenant Space leased by Tenant at the time that Tenant delivers such notice, or (b) the entire Tenant Space leased by Tenant at the time that Tenant delivers such notice, but excluding Suite 409. Landlord shall thereafter deliver a written notice (the “First Extension Option Landlord’s Notice”) delivered to Lender no later than ten Tenant advising Tenant of the Extension Term Base Rent for the Extension Term. Tenant shall thereafter have the right, within thirty (1030) days prior after Landlord’s delivery of the Extension Option Licensor’s Notice to Tenant, to exercise the Initial Stated Maturity Date, Extension Option by delivering an Extension Option Exercise Notice to Landlord. Tenant’s Extension Option Exercise Notice must specify that Tenant is irrevocably exercising its Extension Option so as to extend the Maturity Date to November 7, 2022 Term of this Lease by an Extension Term on the terms set forth in (the “First Extended Maturity Date”i) this Section 2.3, and such extended term, the “First Extended Term”(ii). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Datacenter Lease (Endurance International Group Holdings, Inc.)

Extension Options. Subject The Port hereby grants Tenant two (2) successive options to extend the provisions Term of this Section 2.7, Borrower shall have the option Agreement (the “First herein referred to individually as an "Extension Option”), by written notice (the “First Extension Notice”") delivered to Lender no later than for an additional period of ten (10) years for each option (herein referred to individually as "Extension Term") on the same terms, covenants, and conditions, except that no additional Extension Options shall apply following the second Extension Term and Rent during any such Extension Terms shall be determined and adjusted pursuant to Section 4.2. Written notices of Xxxxxx's exercise of the Extension Option for each Extension Term must be given to the Port no less than six (6) months prior to the expiration of the then-current Term (the "Extension Notice Date"). Tenant shall have no right to exercise its right to extend the Term of this Agreement at such time as an Event of Default is outstanding beyond the applicable notice and cure period; provided, that, if the Port declares an Event of Default within thirty (30) days prior to the Initial Stated Maturity Extension Notice Date, then the period of time within which said option may be exercised shall be extended as reasonably necessary for Tenant to extend cure the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)Event of Default. In the event Borrower that Tenant fails to exercise an Extension Option within the time period stated above, Port will give written notice to the Leasehold Mortgagee and Leasehold Mortgagee shall have exercised the First Extension Option, Borrower shall have the option thirty (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (1030) days prior from receipt of the notice to exercise the First Extended Maturity Date, to extend Extension Option in the First Extended Maturity Date to November 7, 2023 (place and stead of the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”)Tenant. In the event Borrower that both Tenant and Leasehold Mortgagee fail to exercise an Extension Option in the time periods contemplated above, the Term of this Agreement shall expire upon the expiration of the then-current Term, and Tenant shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, further right to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”)Term hereof. The First Extension Notice shall Options herein granted to Tenant may not be revocable at separated from this Agreement in any time and for any reason manner, by Borrower prior to reservation or otherwise; however, Permitted Subleases may provide that notice of exercise of a materially co-terminus (e.g., not more than one (1) month shorter) corresponding extension option by the Initial Stated Maturity Date, subtenant of the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to entirety of the then First Extended Maturity Date Premises is binding upon both Tenant and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Port under this Agreement.

Appears in 1 contract

Samples: Ground Lease Agreement

Extension Options. Subject On or prior to each of the provisions first anniversary of this Section 2.7, Borrower shall have the option Closing Date (the “First Extension Option”), by written notice (the “First Extension NoticeDate”) delivered to Lender no later than ten (10) days prior to and the Initial Stated Maturity Date, to extend second anniversary of the Maturity Closing Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension OptionDate”), the Borrower may, by written notice to the Administrative Agent (who shall promptly notify the Lenders) request that the Administrative Agent and the Lenders extend the date set forth in the definition of Termination Date by one year, and the Administrative Agent and the Lenders may, each in their sole and individual discretion, elect to do so, it being understood that (i) no extension shall be effective unless all Lenders unanimously agree to extend and (ii) any Lender who has not responded to such extension request within fifteen (15) Domestic Business Days following the date of the Administrative Agent’s notice of such extension request to the Lenders, shall be deemed to have rejected such request. In the event that one extension request is exercised and accepted by all Lenders, this Agreement shall be automatically amended as of the First Extension Date to provide that the definition of Termination Date would be extended by one year. In the event that two extension requests are exercised and accepted by all Lenders, upon effectiveness of the second extension, this Agreement shall be automatically amended as of the Second Extension Notice”Date to provide that the definition of Termination Date would be extended by a subsequent year. Any extension pursuant to this Section 2.15 shall be effective as of the date of the amendment to this Agreement effecting such extension and each such amendment shall be conditioned upon: (x) delivered to Lender no later than ten Default or Event of Default and (10y) days continued accuracy of the representations and warranties, in each case as of the date of such amendment in all material respects. The first extension request shall expire if not made on or prior to the First Extended Maturity Date, Extension Date and shall not take effect prior to extend the First Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower Date. The second extension request shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days expire if not made on or prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Extension Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at any time and for any reason by Borrower not take effect prior to the Initial Stated Maturity Date, the Second Extension Notice Date. There shall be revocable at any time and for any reason by Borrower prior to no more than two (2) extension requests, resulting in total extensions no longer than two (2) years, so that the then First Extended Maturity Termination Date and is no later than the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction seventh anniversary date of the following conditions precedent prior to each extension hereunder:Closing Date.

Appears in 1 contract

Samples: Credit Agreement (Main Street Capital CORP)

Extension Options. Subject Borrower shall have the option to extend the provisions term of this Section 2.7the Loan for five (5) successive terms of one year beyond the Stated Maturity Date (each successive term, an “Extension Term”). Borrower shall have the option (the “First Extension Option”), by written notice (the “First Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Initial Stated Maturity Date, to extend the Maturity Date to November 7March 9, 2022 2021 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”). In the event Borrower shall have exercised the First Extension Option, Borrower shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7March 9, 2023 2022 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender (which notice may be revoked) no later than ten thirty (1030) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7March 9, 2024 2023 (the “Third Extended Maturity Date”). In the event Borrower shall have exercised the Third Extension Option, and such extended term, Borrower shall have the option (the “Third Extended TermFourth Extension Option”). The First , by written notice (the “Fourth Extension Notice shall Notice”) delivered to Lender (which notice may be revocable at any time and for any reason by Borrower revoked) no later than thirty (30) days prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but to extend the Third Extended Maturity Date to March 9, 2024 (the “Fourth Extended Maturity Date”). In the event Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation have exercised the Fourth Extension Option, Borrower shall have the option (excluding breakage coststhe “Fifth Extension Option”), by written notice (the “Fifth Extension Notice”) delivered to Lender (which notice may be revoked) no later than thirty (30) days prior to the Fourth Extended Maturity Date, to extend the Fourth Extended Maturity Date to March 9, 2025 (the “Fifth Extended Maturity Date”). Borrower’s right to so extend the applicable Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:

Appears in 1 contract

Samples: Loan Agreement (Invitation Homes Inc.)

Extension Options. Subject to the provisions of this Section 2.7, Borrower Tenant shall have the option to extend the Term of this Lease for three (the 3) additional periods of sixty (60) months each as set forth in Article 1 of this Lease (each such period being referred to herein as an First Extension OptionOption Term), ’) only by giving Landlord written notice by the later to occur of (the “First Extension Notice”A) delivered to Lender no later than ten fifteen (1015) days following Tenant’s receipt of written notice from Landlord reminding Tenant of the expiration date for Tenant’s exercise of such option (which notice from Landlord shall not be delivered earlier than fifteen (15) months prior to the Initial Stated Maturity Dateexpiration of the then applicable Term), or (B) at least one (1) year before the expiration of the then applicable Term. All of the terms, covenants, conditions, provisions and agreements applicable to the initial Term shall be applicable to the Option Terms, including, without limitation, adjustment of the Minimum Annual Rent on each anniversary of the Commencement Date occurring during each Option Term. Time is of the essence with respect to Tenant’s exercise of the options to extend the Maturity Date to November 7, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)Term of this Lease provided herein. In the event Borrower shall have exercised the First Extension Option, Borrower shall have the The option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered to Lender no later than ten (10) days prior to the First Extended Maturity Date, to extend the First Extended Maturity Date to November 7, 2023 (Term pursuant hereto by the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower Option Terms shall have exercised each of the First Extension Option and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior not be personal to the Second Extended Maturity Date, original Tenant signatory to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, this Lease and such extended term, the “Third Extended Term”). The First Extension Notice shall be revocable at exercisable by or for the benefit of any time and for any reason by Borrower prior to the Initial Stated Maturity Dateassignee or subtenant of Tenant (including, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Datewithout limitation, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred an assignee in connection with such revocation a “Permitted Transfer” pursuant to Section 13.4 below); provided, however, that in the event of Tenant’s exercise of an option to extend pursuant hereto following any assignment of this Lease (excluding breakage costs). Borrower’s right other than to so extend an assignee in connection with a Permitted Transfer pursuant to Section 13.4 below) or while any sublease remains in effect with respect to the Maturity Date Premises, Minimum Annual Rent shall be subject increased as of the commencement of the applicable Option Term to equal the greater of (1) the amount which would otherwise then be due based upon the adjustment provided for in Section 6.1 below, or (2) the “Fair Market Rent” (as hereinafter defined) for the Premises as of the commencement of such Option Term, and Minimum Annual Rent as so adjusted upon the commencement of such Option Term shall be further adjusted on each anniversary of the Commencement Date occurring during such Option Term in accordance with Section 6.1 below. All references in this Lease to the satisfaction of “Term” shall be deemed to mean the following conditions precedent prior initial Term as extended by the Option Terms, as applicable. If applicable pursuant to the foregoing, the Fair Market Rent for each extension hereunderOption Term shall be determined as follows:

Appears in 1 contract

Samples: Lease (Central Coast Bancorp)

Extension Options. Subject Tenant is hereby granted options to extend the Lease Term for additional periods of one (1) month each (each such additional period being herein referred to as an "Extended Term") by giving written notice of such extension to Landlord prior to the provisions expiration of this Section 2.7the Lease Term (as extended); provided, Borrower however, that in the event the Other Lease is terminated, then with respect to Extended Terms commencing on or after the first day of the seventh (7th) calendar month from and after the calendar month within which occurred the Rental Commencement Date, the options to extend the Lease Term granted hereunder shall have the option (the “First Extension Option”), be exercised by Tenant giving written notice of each such extension to Landlord at least thirty (the “First Extension Notice”) delivered to Lender no later than ten (1030) days prior to the Initial Stated Maturity Dateexpiration of the Lease Term (as previously extended); further provided, however, that the Lease Term shall not be extended beyond (and the Lease Term, if not sooner terminated, shall end on) the earlier to extend occur of: (i) the Maturity Date to November 7date fifteen (15) days after "Substantial Completion" of the "Demised Premises" as those terms are defined in the Other Lease; or (ii) June 30, 2022 (the “First Extended Maturity Date”, and such extended term, the “First Extended Term”)2000. In the event Borrower shall have exercised the First Extension Option, Borrower Tenant shall have the option (the “Second Extension Option”), by written notice (the “Second Extension Notice”) delivered right to Lender no later than ten (10) days prior to the First Extended Maturity Date, exercise these options to extend provided that on the First date of such exercise no default or event of default under this Lease then exists. Each Extended Maturity Date to November 7, 2023 (the “Second Extended Maturity Date”, and such extended term, the “Second Extended Term”). In the event Borrower Term shall have exercised each be upon all of the First Extension Option same terms, covenants and the Second Extension Option, Borrower shall have the option (the “Third Extension Option”), by written notice (the “Third Extension Notice”) delivered to Lender no later than ten (10) days prior to the Second Extended Maturity Date, to extend the Second Extended Maturity Date to November 7, 2024 (the “Third Extended Maturity Date”, and such extended term, the “Third Extended Term”)conditions of this Lease then applicable. The First Extension Notice term "Lease Term" as used in this Lease shall be revocable at mean the initial Lease Term and any time and for any reason by Borrower prior to the Initial Stated Maturity Date, the Second Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then First Extended Maturity Date and the Third Extension Notice shall be revocable at any time and for any reason by Borrower prior to the then Second Extended Maturity Date, but Borrower shall pay Lender’s actual out-of-pocket expenses incurred in connection with such revocation (excluding breakage costs). Borrower’s right to so extend the Maturity Date shall be subject to the satisfaction of the following conditions precedent prior to each extension hereunder:Term which may become effective.

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Investment Trust Inc)

Time is Money Join Law Insider Premium to draft better contracts faster.