RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE Sample Clauses

RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. 6.1 In the event Sublessor decides to offer for Sublease or accept an offer to sublease any of the Leased Premises, Sublessor shall first notify Sublessee of its intent to sublease all or part of the Leased Premises and Sublessee shall have 20 days from the date it is notified by Sublessor of Sublessor's intent to sublease all or part of the Leased Premises to elect to sublease the said portion of the Leased Premises at the same rental rate and upon the same terms and conditions as are contained in this Sublease. The terms of this Section 6.1 shall also apply to any attempted assignment of Sublessor's interest in the Leased Premises.
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RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. (a) Provided Tenant is not in default under this Lease (either at the time of Tenant's election or immediately prior to the subsequent time of actual occupancy), and subject to any rights of first refusal or similar expansion options which may exist in any existing leases for space in the Building, Tenant shall have the continuous right of first option to lease any space on the third floor of the Building other than the Additional Space described in Section 1 hereof (collectively and severally, the "Section 32 Additional Space") which may become available during the original five (5) year term of this Lease, upon the specific terms and conditions set forth in this Section. The annual rental for any such Section 32 Additional Space for which Tenant exercises its rights pursuant to this subparagraph shall be the then "fair market rental value" of the Section 32 Additional Space at the time of exercise. Tenant shall have ten (10) business days from the date Tenant receives notice from Landlord of the availability of any such Section 32 Additional Space to notify Landlord in writing of Tenant's intention to add such space to this Lease. Tenant is under no obligation to elect to add to this Lease all Section 32 Additional Space which may become available.
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. A. Provided Lessee is not in default under the Lease, Lessor agrees that prior to renting any suite immediately adjacent to the Premises (the "First Refusal Space") to a third (3rd) party, Lessor will submit to Lessee the terms under which Lessor is willing to accept a lease from a third party (the "Offered Lease"). On or before the fifth (5th) business day after the date of such submission, Lessee will have (the "Refusal Right") to send Lessor a notice stating that Lessee elects to rent the First Refusal Space upon the identical terms and conditions set forth in the Offered Lease (the "Offered Lease Terms") or the rent then if effect on Lessees exciting space whichever is less. The notice must be actually received by Lessor within the five (5) day period.
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. Paragraph 3 of The Addendum To Lease is hereby deleted in its entirety.
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. 1. During the initial Term of this Lease, Tenant shall have an ongoing subordinate right of first refusal (“Right of First Refusal”) to lease space located on the 15th floor of the Building, as more particularly shown on Schedule G-1 attached hereto (the “Additional Space”), so long as the use for the Additional Space includes the use specified in Section 1.K of this Lease, provided that:
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. SECTION 39.01. A. Provided Tenant is not then in default in the observance and performance of any of the terms, covenants or conditions of this Lease on Tenant's part to be observed or performed after notice and the expiration of any applicable cure or grace period contained in this Lease specifically with respect thereto, in the event that at any time during the Demised Term (subsequent to Owner's initial leasing of the "Option Space" as hereinafter defined): (a) the space identified in Exhibit "1" initialled by the parties hereto, annexed hereto and made part hereof (referred to as "OPTION SPACE"), shall become available for leasing during the Demised Term and (b) Owner shall receive a bona fide offer to lease such Option Space (any such offer is referred to as an "OPTION SPACE OFFER"), and (c) Owner shall find such Option Space Offer to be acceptable in Owner's sole judgment, and (d) Tenant, in contradistinction to sub-tenants or other occupants, shall then be in occupancy of at least 80% of the space leased to Tenant under this Lease (for the purposes of this Section, any space leased to Tenant under this Lease which has been eliminated from the Demised Premises pursuant to Section 11.03 shall be deemed space leased to Tenant under this Lease), Owner shall give notice of such Option Space Offer to Tenant, and Tenant shall have the option, exercisable only by notice (referred to as the "ADDITIONAL OPTION NOTICE") given to Owner not later than ten (10) days next following the date of the giving of such notice by Owner to Tenant to lease the Option Space referred to in said notice upon the same terms and conditions set forth in the Option Space Offer for a term to expire on the Expiration Date.
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. None [See Exhibit D]
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RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE. Provided Tenant is not in default beyond any and all notice and cure periods of any terms, covenants or conditions contained in this Lease, in the event that Landlord receives a bona-fide offer from any prospective tenant(s) to lease any portion of the approximately 15,250 rentable square feet of office space currently occupied by MFS Intelenet of Massachusetts, Inc., then Landlord shall, upon receipt of such a bona-fide offer, and any time such an offer is received, immediately notify Tenant in writing of the full details of such an offer, whereupon Tenant shall have fifteen (15) business days after receipt of such written notice to exercise Tenant's prior right of first refusal to lease such space on the same terms and conditions as described below. In the event that Tenant declines or fails to timely exercise Tenant's prior right of first refusal, as aforesaid, then Landlord shall be free to lease such space to the prospective third party tenant(s) and, if requested by Landlord, Tenant shall confirm in writing such declination or failure to exercise such right of first refusal. In the event that Tenant exercises the aforesaid right of first refusal, then the same terms, covenants and conditions in this Lease contained shall apply to said additional office space, except for the rent and Tenant's percentage of real estate taxes and operating expenses, and said office space shall be deemed part of the Premises. Following Tenant's failure to exercise and Landlord's entering into a lease of such space on substantially the same terms and conditions as those offered to Tenant in its prior right of first refusal, as hereinabove set forth, Tenant's prior right of first refusal with respect to such offered space shall not be reinstated, and Landlord shall not be obligated to again offer the offered space to Tenant as set forth above in this Paragraph 2.2.
RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE 

Related to RIGHT OF FIRST REFUSAL FOR ADDITIONAL SPACE

  • Right of First Refusal to Purchase TENANT shall have the right of first refusal to purchase the demised premises as hereinafter set forth. If at any time during the term as extended, LANDLORD shall receive a bona fide offer from a third person for the purchase of the demised premises, which offer LANDLORD shall desire to accept, LANDLORD shall promptly deliver to TENANT a copy of such offer, and TENANT may, within fifteen (15) days thereafter, elect to purchase the demised premises on the same terms as those set forth in such offer, excepting that TENANT shall be credited against the purchase price to be paid by TENANT, with a sum equal to the amount of any brokerage commissions, if any, which LANDLORD shall save by a sale to TENANT. If LANDLORD shall receive an offer for the purchase of the demised premises, which is not consummated by delivering a deed to the offerer, the TENANT'S right of first refusal to purchase shall remain applicable to subsequent offers. If LANDLORD shall sell the demised premises after a failure of TENANT to exercise its right of first refusal, such shall be subject to the Lease and shall continue to be applicable to subsequent sales of the demised premises. Notwithstanding the foregoing, TENANT'S right of first refusal shall not apply or extend to any sales or transfers between LANDLORD and any affiliates in which the principals of the LANDLORD are the majority shareholders to any family trusts or to the heirs of the principals of LANDLORD. LANDLORD shall be entitled to net the same amount under any right of first refusal exercise.

  • Right of First Offer to Purchase If Landlord intends to sell the Property during the Lease Term, and provided no Event of Default then exists, Tenant shall have a right of first offer to purchase the Property ("Tenant's Right of First Offer to Purchase") on the terms and conditions at which Landlord proposes to sell the Property to a third party. Landlord shall give Tenant written notice of its intent to sell and shall indicate the terms and conditions (including the sale price) upon which Landlord intends to sell the Property to a third party. Tenant shall thereafter have sixty (60) days to elect in writing to purchase the Property and execute a Purchase and Sale Agreement with respect thereto and shall have an additional fifty (50) days to close on the acquisition of the Property on the terms and conditions set forth in the notice provided by Landlord to Tenant; provided that prior to the execution of a binding purchase and sale agreement, Landlord shall retain the right to elect not to sell the Property. If Tenant does not elect to purchase the Property, then Landlord shall be free to sell the Property to a third party. However, if the price at which Landlord intends to sell the Property to a third party is less than 95% of the price set forth in the notice provided by Landlord to Tenant, then Landlord shall again offer Tenant the right to acquire the Property upon the same terms and conditions, provided that Tenant shall have only thirty (30) days thereafter to complete the acquisition at such price, terms and conditions.

  • Right of First Refusal Unless it shall have first delivered to the Buyer, at least seventy two (72) hours prior to the closing of such Future Offering (as defined herein), written notice describing the proposed Future Offering, including the terms and conditions thereof, and providing the Buyer an option during the seventy two (72) hour period following delivery of such notice to purchase the securities being offered in the Future Offering on the same terms as contemplated by such Future Offering (the limitations referred to in this sentence and the preceding sentence are collectively referred to as the “Right of First Refusal”) (and subject to the exceptions described below), the Company will not conduct any equity financing (including debt with an equity component) (“Future Offerings”) during the period beginning on the Closing Date and ending twelve (12) months following the Closing Date. In the event the terms and conditions of a proposed Future Offering are amended in any respect after delivery of the notice to the Buyer concerning the proposed Future Offering, the Company shall deliver a new notice to the Buyer describing the amended terms and conditions of the proposed Future Offering and the Buyer thereafter shall have an option during the seventy two (72) hour period following delivery of such new notice to purchase its pro rata share of the securities being offered on the same terms as contemplated by such proposed Future Offering, as amended. The foregoing sentence shall apply to successive amendments to the terms and conditions of any proposed Future Offering. The Right of First Refusal shall not apply to any transaction involving (i) issuances of securities in a firm commitment underwritten public offering (excluding a continuous offering pursuant to Rule 415 under the 1933 Act), (ii) issuances to employees, officers, directors, contractors, consultants or other advisors approved by the Board, (iii) issuances to strategic partners or other parties in connection with a commercial relationship, or providing the Company with equipment leases, real property leases or similar transactions approved by the Board (iv) issuances of securities as consideration for a merger, consolidation or purchase of assets, or in connection with any strategic partnership or joint venture (the primary purpose of which is not to raise equity capital), or in connection with the disposition or acquisition of a business, product or license by the Company. The Right of First Refusal also shall not apply to the issuance of securities upon exercise or conversion of the Company’s options, warrants or other convertible securities outstanding as of the date hereof or to the grant of additional options or warrants, or the issuance of additional securities, under any Company stock option or restricted stock plan approved by the shareholders of the Company.

  • Right of First Offer In the event that a Party (for the purpose of this Section 8, the “Seller”) should decide that it wishes to sell all or any portion of its Lot (the “Sale Lot”) to an unaffiliated third party, other than in connection with the sale of all or substantially all of the business assets or operations located on such Party’s Lot to the same purchaser of the business assets or operations or an affiliate of such purchaser as is buying the Sale Lot, the non-selling Lot owner (the “Buyer”) shall have the right of first offer (the “Right of First Offer”) with respect to the purchase of the Sale Lot from the Seller before any offer of the Lot is made to third parties. The Right of First Offer shall be exercised in such manner and subject to such terms and conditions as are set forth in this Section 8. A Sale Lot shall not be transferred to an unaffiliated third party without the prior written consent of the Buyer hereto or otherwise in strict compliance with the provisions of this Section 8. For the purposes of this Section 8, the “Purchase Price” shall mean such amount as is designated by the Seller (the “Seller’s Offer”) in a written notice to the Buyer advising the Buyer of its interest in selling the Sale Lot and designating, in addition to Purchase Price, the Sale Lot, proposed closing date, and any other material conditions or restrictions intended to govern the sale of the Sale Lot. If the Buyer wishes to enter into a contract for the purchase of the Sale Lot offered for sale in the Seller’s Offer, the Buyer shall so inform the Seller in writing and the Parties shall negotiate in good faith to execute a contract for the sale and purchase of the Sale Lot within thirty (30) days after the election is received by the Seller. Such contract shall provide for closing of the sale within sixty (60) days of the contract date. If the Buyer does not so notify the Seller in a timely manner of its election to enter into a contract for the purchase of the Sale Lot pursuant to Seller’s Offer, the Seller shall be free to offer the Sale Lot to an unaffiliated third party purchaser, on terms no less favorable to the Seller than those set forth in the Seller’s Offer. If the Seller does not thereafter complete a sale of the Sale Lot within nine (9) months following Buyer’s lack of acceptance of Seller’s offer on terms no less favorable to the Seller than are set forth in the Seller’s Offer, any sale of the Sale Lot or any part thereof shall again be subject to all terms of this Section 8 as though the Sale Lot had not previously been offered to the Buyer. At any time, the Buyer may request in writing and shall be entitled to receive a copy of any contract, closing document or other written instrument pertaining to the sale to any third party by the Seller of a Sale Lot. If the Seller has strictly complied with the terms of this Section 8, at the Seller’s written request in connection with the closing of a sale of a Sale Lot, the Buyer shall affirm in writing to any interested party that the Seller has complied with the terms of this Section 8.

  • Grant of Right of First Refusal Except as provided in Section 12.7 below, in the event the Optionee, the Optionee's legal representative, or other holder of shares acquired upon exercise of the Option proposes to sell, exchange, transfer, pledge, or otherwise dispose of any Vested Shares (the "TRANSFER SHARES") to any person or entity, including, without limitation, any shareholder of the Participating Company Group, the Company shall have the right to repurchase the Transfer Shares under the terms and subject to the conditions set forth in this Section 12 (the "RIGHT OF FIRST REFUSAL").

  • Assignment of Right of First Refusal The Company shall have the right to assign the Right of First Refusal at any time, whether or not there has been an attempted transfer, to one or more persons as may be selected by the Company.

  • Termination of Right of First Refusal The Right of First Refusal shall terminate as to any Shares upon the earlier of (i) the first sale of Common Stock of the Company to the general public, or (ii) a Change in Control in which the successor corporation has equity securities that are publicly traded.

  • Right of First Refusal and Co-Sale Agreement Each Purchaser and the other stockholders of the Company named as parties thereto shall have executed and delivered the Right of First Refusal and Co-Sale Agreement.

  • Waiver of Right of First Refusal The Company hereby waives any preexisting rights of first refusal applicable to the transactions contemplated hereby.

  • Financing Right of First Refusal (a) The Company hereby grants to the Purchaser a right of first refusal to provide any Additional Financing (as defined below) to be issued by the Company and/or any of its Subsidiaries, subject to the following terms and conditions. From and after the date hereof, prior to the incurrence of any additional indebtedness and/or the sale or issuance of any equity interests of the Company or any of its Subsidiaries (an "Additional Financing"), the Company and/or any Subsidiary of the Company, as the case may be, shall notify the Purchaser of its intention to enter into such Additional Financing. In connection therewith, the Company and/or the applicable Subsidiary thereof shall submit a fully executed term sheet (a "Proposed Term Sheet") to the Purchaser setting forth the terms, conditions and pricing of any such Additional Financing (such financing to be negotiated on "arm's length" terms and the terms thereof to be negotiated in good faith) proposed to be entered into by the Company and/or such Subsidiary. The Purchaser shall have the right, but not the obligation, to deliver its own proposed term sheet (the "Purchaser Term Sheet") setting forth the terms and conditions upon which Purchaser would be willing to provide such Additional Financing to the Company and/or such Subsidiary. The Purchaser Term Sheet shall contain terms no less favorable to the Company and/or such Subsidiary than those outlined in Proposed Term Sheet. The Purchaser shall deliver such Purchaser Term Sheet within ten business days of receipt of each such Proposed Term Sheet. If the provisions of the Purchaser Term Sheet are at least as favorable to the Company and/or such Subsidiary, as the case may be, as the provisions of the Proposed Term Sheet, the Company and/or such Subsidiary shall enter into and consummate the Additional Financing transaction outlined in the Purchaser Term Sheet.

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