Basic Lease Information-Extended Term. The Basic Lease Information which applies to the Premises through the Revised Existing Lease Expiration Date is attached as [Exhibit A] to this Sixth Amendment. This Basic Lease Information document shall serve as the operative summary of the principal terms of the Lease, as amended by this Sixth Amendment, which shall apply starting on the Sixth Amendment Effective Date through the Revised Existing Lease Expiration Date. Landlords Early Termination Option and any relocation right under the Existing Lease shall be of no further force and effect.
Extended Term. Upon the expiration of the Initial Term described in [Section 3(a)], the Term shall be extended, without the need for any action by either Party, for two additional consecutive twelve (12) month terms (each an “Extended Term”, and collectively the “Extended Terms”) unless # terminated under [Section 7] or # either Party gives written notice to the other, at least ninety (90) days before the end of the Initial Term or any Extended Term, that the notifying Party does not wish to extend the Term. If such a notice of non-extension is timely given, the Term will expire at the end of the Initial Term or Extended Term in effect at the time of that notice (unless terminated earlier under [Section 7]).
Extended Term. The Lease Termination Date is hereby extended to . The period from the Effective Date through , shall be referred to herein as the "Extended Term." Notwithstanding anything to the contrary contained in the Lease, Tenant shall not have any right to extend the Lease beyond the Extended Term.
This Lease shall take effect upon the Execution Date and, except as specifically otherwise provided within this Lease, each of the provisions hereof shall be binding upon and inure to the benefit of Landlord and Tenant from the date of execution and delivery hereof by all parties hereto. The parties acknowledge and agree that the Premises shall be delivered to Tenant for the commencement and performance of the Tenant’s Improvements upon at least ten (10) business days written notice from Tenant to Landlord requesting delivery of the Premises (such date of delivery shall be referred to as the “Delivery Date”); provided, that Tenant shall not be liable for the cost of utilities supplied to the Premises prior to the Delivery Date.
Lease Term. The terms and provisions of this Lease shall be effective as of the date of this Lease. The term of this Lease (the " XE "Lease Term" Lease Term") shall be as set forth in [Section 3.1] of the Summary, shall commence on the date set forth in [Section 3.2] of the Summary (the " XE "Lease Commencement Date" Lease Commencement Date"), and shall terminate on the date set forth in [Section 3.3] of the Summary (the " XE "Lease Expiration Date" Lease Expiration Date") unless this Lease is sooner terminated as hereinafter provided. For purposes of this Lease, the term " XE "Lease Year" Lease Year" shall mean each consecutive twelve (12) month period during the Lease Term. At any time during the Lease Term, Landlord may deliver to Tenant a notice in the form as set forth in [Exhibit C], attached hereto, as a confirmation only of the information set forth therein, which Tenant shall execute (or provide factual corrections thereto) and return to Landlord within ten (10) days of receipt thereof.
Extended Term Loans. (i) On the Amendment No. 4 Effective Date, in accordance with, and upon the terms and conditions set forth in, Amendment No. 4, # any Existing Term Loans of each Non-Extended Term Lender outstanding on such date shall continue hereunder and be reclassified as Non-Extended Term Loans on such date and # any Existing Term Loans of each Extended Term Lender outstanding on such date shall continue hereunder and be reclassified as an Extended Term Loans on such date.
Extended Term Loans. The principal amount of Extended Term Loans of each Extending Term Lender shall be repaid as provided in the amendment to this Agreement in respect of such Extended Term Loans as contemplated by [Section 2.19], subject to the requirements of [Section 2.19] (which installments shall, to the extent applicable, be reduced as a result of the application of prepayments in accordance with the order of priority set forth in [Sections 2.05 and 2.06]6]). To the extent not previously paid, each Extended Term Loan shall be due and payable on the Maturity Date applicable to such Extended Term Loans.
Basic Financial Information. The Company shall furnish to Purchaser and any entity that requires such information pursuant to its organizational documents when available # annual audited financial statements for each fiscal year of the Company, including an audited balance sheet as of the end of such fiscal year, an unaudited income statement, and an unaudited statement of cash flows, all prepared in accordance with generally accepted accounting principles and practices; and # quarterly unaudited financial statements for each fiscal quarter of the Company (except the last quarter of the Company’s fiscal year), including an unaudited balance sheet as of the end of such fiscal quarter, an unaudited income statement, and an unaudited statement of cash flows, all prepared in accordance with generally accepted accounting principles and practices, subject to changes resulting from normal year-end audit adjustments. If the Company has audited records of any of the foregoing, it shall provide those in lieu of the unaudited versions.
Lease. The Property is being sold subject to an existing Lease of the Property dated by and between Seller, as lessor (pursuant to that certain Assignment and Assumption of Lease and Guaranty dated by and between AEI Fund Management XVII, Inc., a Minnesota corporation, as assignor, and Seller, as assignee), and Apple Indiana II LLC, a Delaware limited liability company, as lessee (the "Tenant") and Guaranty by Apple American Group LLC dated , as amended by that certain Amendment to Lease and Guaranty dated (collectively, the "Lease"). The Seller agrees to sell and convey to Buyer, and Buyer agrees to purchase from Seller, all right, title, and interest of Seller in and to all leases and other agreements to occupy all or any portion of the Property that are in effect on the Effective Date or which Seller executed prior to Closing (as hereinafter defined) pursuant to the terms of this Agreement.
2.01The Merger. At the Effective Time (as defined below) and subject to and upon the terms and conditions of this Agreement and the applicable provisions of the Delaware General Corporations Law (the “DGCL”) and the Nevada Revised Statutes (the “NRS”), Merger Sub shall be merged with and into BioSculpture, the separate corporate existence of Merger Sub shall cease, and BioSculpture shall continue as the surviving corporation and a wholly-owned subsidiary of SRSG. BioSculpture, following the Merger, is sometimes referred to herein as the
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