Term

Term. Any capitalized term not otherwise defined herein shall have the meaning set forth for such term in the Warrant Confirmations.

Term. The meaning given to it in Section 4, inclusive of the Original Term and the Renewal Term (if applicable).

Term. The Initial Term plus any Renewal Term.

Term. All terms used herein not otherwise defined shall have the meanings ascribed to them in the Lease.

Term. All initially capitalized terms used but not defined herein shall have the meanings assigned to such terms in the Agreement.

Term. Each initially capitalized term used but not separately defined herein has the meaning assigned to such term in the Plan.

Term. The meaning set forth in Section ‎6.2

Term. Each initially capitalized term used in this Amendment has the meaning set forth for that term in the Purchase Agreement, unless otherwise defined in this Amendment.

Term. The period commencing with the Effective Date and ending upon the earlier of three (3) years from the Effective Date or the termination of this Agreement

Term. (a) This Sublease is contingent upon Master Landlord consenting to this Sublease in accordance with the terms of the Master Lease. This Sublease shall commence on the "Commencement 4510092v4 / 101022.0001 Date", which shall be the later to occur of (i) the date upon which Master Landlord consents to this Sublease in writing pursuant to that certain Consent to Subletting (the "Consent to Subletting") to be entered into by Master Landlord, Sublandlord and Subtenant (the "Consent Date"), or... (ii) Sunday, December 2, 2018 (the "Target Date"), or (iii) the date on which Sublandlord delivers possession of the Subleased Premises to Subtenant. The term of this Sublease (the "Term") shall be from the Commencement Date until Monday, January 20, 2020 (the "Expiration Date"). (b) Notwithstanding the forgoing, in the event Master Landlord has not provided the form of Consent to Subletting to Sublandlord and Subtenant on or before Monday, December 17, 2018 (the "Outside Date"), each of Sublandlord and Subtenant shall have the right to terminate this Sublease by delivering written notice of such termination to the other party, on or after Tuesday, December 18, 2018; provided, however, in the event the Consent to Subletting is ultimately provided by Master Landlord after the Outside Date but before either Sublandlord or Subtenant have delivered a termination notice to the other, such right to terminate shall automatically expire and no longer be available to either of Sublandlord or Subtenant, and this Sublease shall continue as contemplated herein. (c) If Sublandlord, for any reason whatsoever, cannot deliver possession of the Subleased Premises to Tenant on or before the Target Date, this Sublease shall not be void or voidable nor shall Sublandlord be liable to Subtenant for any resulting loss or damage. However, Subtenant shall not be liable for the payment of any rent until the Commencement Date occurs as provided in Section 3(a) above. (d) Sublandlord and Subtenant acknowledge and agree that the Expiration Date is intentionally scheduled to be earlier than the date upon which the Master Lease expires, so as to allow Sublandlord time to remove telecommunication cabling and prepare the Subleased Premises for surrender to Master Landlord after Subtenant has vacated, but prior to expiration of the Master Lease. Notwithstanding the foregoing, so long as Subtenant is not in default hereunder, in the event that Subtenant and Master Landlord enter into a new direct lease for the Subleased Premises that will commence immediately following the expiration of the Master Lease, and Master Landlord affirmatively releases Sublandlord in writing from any obligation to remove the telecommunication cabling and any other improvements from the Subleased Premises, Sublandlord and Subtenant shall enter into an amendment to this Sublease to change the Expiration Date to be commensurate with the expiration of the Master Lease. (e) Notwithstanding the foregoing, this Sublease shall automatically terminate (without liability of Sublandlord to Subtenant therefor) if and when the term of the Master Lease terminates for any reason. Any hold over beyond the termination of this Sublease shall only be permitted (i) with the prior written consent of Sublandlord, which consent may be withheld in Sublandlord's sole discretion, and (ii) in accordance with the provisions of Section 15.1 of the Master Lease, which shall apply to any such hold over. (f) In the event the Consent Date occurs prior to the Target Date, Sublandlord shall provide Subtenant with a license for non-exclusive, shared access to the Subleased Premises on Saturday, December 1, 2018 (the "Early Access Day"), subject to the following terms and conditions:(i) Subtenant and Subteant's contractors, subcontractors and employees shall work in harmony and not interfere with Sublandlord and Sublandlord's agents shared use of the Subleased Premises during the Early Access Day, and Subtenant hereby acknowledges that Sublandlord Page 2 4510092v4 / 101022.0001 will likely be in the process of removing Sublandlord's personal property from the Subleased Premises on the Early Access Day; (ii) In the event Subtenant's entry causes disharmony or interfere with the work being performed by Sublandlord, Sublandlord may notify Subtenant that the Commencement Date is being extended for the one (1) additional day to allow Sublandlord time to complete its moving activities due to any delay caused by Subtenant's entry on the Early Access Date. (iii) Sublandlord shall permit Subtenant and its agents to enter the Subleased Premises on the Early Access Day, subject to compliance by Subtenant with the terms and conditions of this Sublease and the Master Lease, including, but not limited to, all requirements imposed by Master Landlord on third party contractors, including without limitation the maintenance by Subtenant and its contractors and subcontractors of workers' compensation and public liability and property damage insurance in accordance with the Master Lease, with certificates of such insurance being furnished to Sublandlord and Master Landlord prior to proceeding with any such entry on the Early Access Date;(iv) The entry shall be deemed to be under all of the provisions of this Sublease except as to the covenant to pay rent; and(v) Sublandlord shall not be liable in any way for any injury, loss or damage which may occur to any such work being performed by Subtenant, the same being solely at Subtenant's risk. View More