eTrade 2000 Annual Report Download - page 202

of Second Expansion Option Space to Tenant within five (5) days after Landlord recovers possession o f the increment of Second
Expansion Option Space. Tenant’ s obligation to pay Rent to Landlord for an increment of Second Expansion Option Space shall
commence on the forty-fifth (45th) day after Landlord delivers possession of the increment of Second Expansion Option Space to
Tenant; provided, however, if Landlord delivers possession of an increment of Second Expansion Option Space to Tenant prior to the
SEOS Current Lease Expiration Date for the applicable increment of space as a result of an Early Termination Event, Tenant’ s
obligation to pay Rent to Landlord for that increment of Second Expansion Option Space shall commence on the sixtieth (60th) day
after Landlord delivers possession of that increment of Second Expansion Option Space to Tenant.
(e) Extension of Term . If Tenant exercises its option to lease an increment of Second Expansion Option Space, the Term solely with
respect to the First Expansion Option Space and the Second Expansion Option Space for which Tenant has exercised its Second
Expansion Option shall be extended until the end of the twelfth (12th) year after latest commencement date of Tenant’ s lease of any
increment of First Expansion Option Space or any increment of Second Expansion Option Space (for which Tenant has exercised its
Second Expansion Option). The Term with respect to the remaining Premises shall not be extended.
26.3Additional Security Deposit.
(a)First Expansion Option.
(l) FEOS Additional Security Deposit . If Tenant does not have a financial net worth of at least Five Hundred Million Dollars
($500,000,000.00) at the time Tenant exercises its First Expansion Option, Tenant may still exercise its First Expansion Option
provided that Tenant delivers to Landlord concurrently with Tenant’ s execution of an amendment to this Lease to include the
increment of First Expansion Option Space Leased by Tenant or Tenant’ s execution of a new lease for the increment of First
Expansion Option Space (which shall occur no later than thirty (30) days after Tenant’ s execution of its First Expansion Option), an
additional security
deposit (the “FEOS Additional Security Deposit”) in an amount equal to the difference between (i) Forty-Five Dollars ($45.00) per
rentable square foot of the increment of First Expansion Option Space for which Tenant is exercising its First Expansion Option, and
(ii) the amount of the security deposit due with respect to the applicable increment of First Expansion Option Space pursuant to
Section 26. l(c). If Tenant’ s financial net worth falls below Five Hundred Million Dollars ($500,000,000.00) at any time after Tenant
exercises its First Expansion Option, then Tenant shall deliver to Landlord within twenty (20) days after Landlord’ s written request the
FEOS Additional Security Deposit for each increment of First Expansion Option Space leased by Tenant or for which Tenant has
exercised its First Expansion Option. Alternatively, if Tenant’ s Financial net worth increases to Five Hundred Million Dollars
($500,000,000.00) or more at any time after Tenant has delivered to Landlord the FEOS Additional Security Deposit, then, within
twenty (20)days after Tenant’ s written request. Landlord shall return the FEOS Additional Security Deposit to Tenant or credit the
FEOS Additional Security Deposit against the next installment of Rent due under this Lease.
(2) Additional Remedy . If Tenant’ s financial net worth falls below Five Hundred Million Dollars ($500,000,000.00) at any time after
Tenant exercises its First Expansion Option, but prior to Tenant’ s lease of the increment of First Expansion Option Space for which
Tenant has exercised its First Expansion Option, and Tenant fails to deliver to Landlord the FEOS Additional Security Deposit
required pursuant to Section 26.3(a), then, in additional to all other remedies available to Landlord under this Lease, Landlord may
vitiate Tenant’ s exercise of its First Expansion Option by written notice to Tenant and elect not to lease the applicable increment of
First Expansion Option Space to Tenant (whereupon Tenant shall have no further rights to lease that increment of First Expansion
Option Space).
(b)Second-Expansion Option.
(1) SEOS Additional Security-Deposit . If Tenant does not have a financial net worth of at least Seven Hundred Million Dollars
($700,000,000.00) at the time Tenant exercises its Second Expansion Option, Tenant may still exercise its Second Expansion Option
provided that Tenant delivers to Landlord concurrently with Tenant’ s execution of an amendment to this Lease to include the
increment of Second Expansion Option Space leased by Tenant or Tenant’ s execution of a new lease for the increment of Second
Expansion Option Space (which shall occur no later than thirty (30) days after Tenant’ s execution of its Second Expansion Option), an
additional security deposit (the “SEOS Additional Security Deposit”) in an amount equal to the difference between (i) Forty-Seven
Dollars ($47.00) per rentable square foot of the increment of Second Expansion Option Space for which Tenant is exercising its
Second Expansion Option, and (ii) the amount of the security deposit due with respect to the applicable increment of Second
Expansion Option Space pursuant to Section 26.2(c). If Tenant’ s financial net worth falls below Seven Hundred Million Dollars
($700,000,000.00) at any time after Tenant exercises its Second Expansion Option, then Tenant shall deliver to Landlord within
twenty (20 days after Landlord’ s written request the SEOS Additional Security Deposit for each increment of Second Expansion
Option Space leased by Tenant or for which Tenant has exercised its Second Expansion Option. Alternatively,. if Tenant’ s financial
net worth increases to Seven Hundred Million Dollars ($700,000,000.00) or more at any time after Tenant has delivered to Landlord
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