Option to Remarket Clause Samples

Option to Remarket. Subject to the fulfillment of each of ------------------ the conditions set forth in this Section 14.6, the Lessees shall have the option ------------ to market all of, but not less than all of, the Leased Properties for Lessor (the "Remarketing Option"). ------------------ The Lessees' effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions, the failure of any of which, unless waived in writing by Lessor and the Lenders, shall render the Remarketing Option and the Lessees' exercise thereof null and void, in which event, each Lessee shall be obligated to perform its obligations under Section 14.2. ------------ (a) Not later than twelve months prior to the Lease Termination Date, ▇▇▇▇ Furniture shall give to Lessor and the Agent written notice of the Lessees' exercise of the Remarketing Option. (b) Not later than ten (10) Business Days prior to the Lease Termination Date, each Lessee shall deliver to Lessor and the Agent an environmental assessment of each Leased Property leased by it dated not later than forty-five (45) days prior to the Lease Termination Date. Such environmental assessment shall be prepared by an environmental consultant selected by Lessees and reasonably acceptable to the Agent, shall be in form, detail and substance reasonably satisfactory to the Agent, and shall otherwise indicate no material adverse change in the environmental condition of each Leased Property from that described in the related Environmental Audit. (c) On the date of ▇▇▇▇ Furniture's notice to Lessor and the Agent of the Lessees' exercise of the Remarketing Option, each of the Construction Conditions shall have been timely satisfied and no Event of Default or Potential Event of Default shall exist, and thereafter, no Event of Default or Potential Event of Default shall exist under this Lease. (d) Each Lessee shall have completed all Alterations, restoration and rebuilding of the Leased Properties leased by it pursuant to Sections 6.1, ------------ 6.2, 10.3 and 10.4 (as the case may be) or shall provide reasonable --- ---- ---- assurances acceptable to Lessor that such Alterations will be completed within a reasonable period of time and shall have provided or shall provide reasonable assurances acceptable to Lessor that it will fulfill all of the conditions and requirements in connection therewith pursuant to said Sections, in each case within a reasonable period of time. ----...

Option to Remarket. Subject to the fulfillment of each of the conditions set forth in this Section 22.1, Lessee shall have the option (the "Remarketing Option") to market for Lessor and to require Lessor to complete the sale of all, but not less than all, of Lessor's interest in the Property on the date specified by the Lessee, which date shall be after Lessee’s exercise of the Remarketing Option and on or prior to the Expiration Date. Lessee's effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions as of the dates set forth below: (a) Not later than one hundred eighty (180) days prior to the Expiration Date (or such other date as is specified in Section 15.4 of this Lease), Lessee shall give to Lessor written notice of Lessee's exercise of the Remarketing Option. (Any failure to give such notice shall be deemed an election by Lessee to purchase the Property under Section 20.1.) (b) Unless Lessee is exercising the Remarketing Option pursuant to Section 15.4, Lessee shall deliver to Lessor an Environmental Audit of the Property together with its notice of exercise of the Remarketing Option. Such Environmental Audit shall be prepared by an environmental consultant selected by Lessor in Lessor's reasonable discretion and shall contain conclusions reasonably satisfactory to Lessor as to the environmental status of the Property. If such Environmental Audit indicates any material exceptions reasonably requiring remedy or further investigation, Lessee shall have also delivered a Phase Two environmental assessment by such environmental consultant prior to the Expiration Date showing the completion of the remedying of such exceptions in compliance with Applicable Law.

Option to Remarket. Subject to the fulfillment of each of the conditions set forth in this Section 20.1 and in Section 20.2 (such conditions, collectively, the "Return Conditions"), the Lessee shall have the option (the "Remarketing Option") to market all (but not less than all) of the Property on behalf of the Lessor. The Lessee's effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions as to the Property as of the dates set forth below: (a) Not later than one hundred eighty (180) days prior to the Scheduled Basic Lease Term Termination Date, the Lessee shall give to the Lessor written notice of the Lessee's exercise of the Remarketing Option, which exercise shall be irrevocable. Failure by the Lessee to give timely notice shall be deemed to be an election by the Lessee, without further act thereby, of its Purchase Option for all of the Property. (b) Not later than ninety (90) days prior to the Scheduled Basic Lease Term Termination Date, the Lessee shall deliver to the Lessor an Environmental Audit for the Property. Such Environmental Audit shall be prepared by an environmental consultant selected by the Lessor in the Lessor's reasonable discretion and shall contain conclusions reasonably satisfactory to the Lessor as to the environmental status of the Property. If any such Environmental Audit indicates any exceptions that are required to be remediated under any Applicable Law, the Lessee shall have also delivered prior to the Scheduled Basic Lease Term Termination Date, a Phase Two environmental assessment by such environmental consultant and a written statement by such environmental consultant indicating that all such exceptions have been remedied in compliance with Applicable Law. (c) On the date of the Lessee's notice to the Lessor of the Lessee's exercise of the Remarketing Option, no Lease Event of Default shall exist, and thereafter, no Lease Event of Default shall exist. (d) All Modifications, restoration, rebuilding and remediation of the Property required under this Lease shall have been completed prior to the date on which the Lessor receives notice of the Lessee's intention to exercise the Remarketing Option, and, on or prior to the Expiration Date, the Property shall be in good and full operating condition (ordinary wear and tear excepted). (e) The Property shall be free and clear of all Liens (other than Permitted Property Liens of the type described in clauses (a), (c)...

Option to Remarket. Subject to the fulfillment of each of the conditions set forth in this Section, Lessee shall have the option (the "Remarketing Option") to market the Leased Property for Lessor and to procure a purchaser therefor. Lessee's effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions, the failure of any of which shall render the Remarketing Option and Lessee's exercise thereof null and void, in which event, Lessee shall be obligated to perform its obligations under Section 15.2 "Purchase Obligation":

Option to Remarket. 28 14.7 Rejection of Sale.................................................................... 31 14.8 Return of Leased Property............................................................ 31 14.9 Renewal.............................................................................. 32

Option to Remarket. 27 SECTION 15.7

Option to Remarket. The Lessee's effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions as to the Property as of the dates set forth below. (a) Not later than one hundred eighty (180) days prior to the Expiration Date, the Lessee shall give to the Lessor written notice of the Lessee's exercise of the Remarketing Option, which exercise shall be irrevocable. If Lessee does not deliver a notice of its intention not to renew this Lease as provided in Section 23.1 and fails to timely provide the Remarketing Notice, then this Lease shall be renewed for a Renewal Term as provided in Section 23.

Option to Remarket. Subject to the fulfillment of each of the conditions set forth in this Section 20.1, the Lessee shall have the option (the "Remarketing Option") to market all of the Property on behalf of the Lessor. The Lessee's effective exercise and consummation of the Remarketing Option shall be subject to the due and timely fulfillment of each of the following provisions as to the Property as of the dates set forth below:

Option to Remarket. The text of Subparagraph I of Section 41.6 is ------------------ ------------ hereby deleted and replaced with the following: "The Renovations are completed in accordance with the requirements of Section 21; all Alterations described in ---------- the Second Consent Agreement are completed prior to the Expiration Date in accordance with the Second Consent Agreement and Section 8 hereof; all other --------- Alterations commenced at any time during or before the Fixed Term are completed prior to the Expiration Date in accordance with Section 8 hereof; and any --------- Restoration (in the event of a Taking or any casualty or other damage or destruction) is completed before the Expiration Date."