Minimum Occupancy Threshold
means the physical occupancy by the Original Tenant or a Qualified Transferee of at least 100,000 rentable square feet while Original Tenant or such Qualified Transferee, as applicable, continues to lease at least 125,000 rentable square feet of the Premises pursuant to the Lease. As used herein, a “Prohibited Sign” shall mean any sign which relates to an entity that is associated with sexism (e.g., Chippendales, Hooters, Playboy, Hustler, etc.), racism (e.g., the Ku Klux Klan, the Nazi Party, etc.), or sexual performance or hygiene products. As used herein, the term “Objectionable Names/Logos” shall mean any name or logo which: (1) relates to an entity which is of a character or reputation, or is associated with a political orientation or faction, which is inconsistent with the quality of the Building as a first-class multi-tenant office building, or which would otherwise reasonably offend a landlord of a Comparable Building, including, without limitation, any Prohibited Signs; or (2) relates to an entity that (x) would not be considered of a character, reputation or stature that is generally comparable with companies that have comparable exterior signage on the Comparable Buildings owned or controlled by KBS Realty, Xxxxx, Brookfield Properties, Xxxxxx Properties or Shorenstein Company or any of their respective affiliates (collectively, the “Comparable Landlords”), or (y) is a law firm or securities brokerage firm; or (3) would violate any restrictions on signs or Building name changes currently set forth in the Signage Restrictions. For purposes of this Section 22.9, the phrase “controlled by” shall mean the ultimate control over all of the ownership, operational and managerial decisions regarding the assets of the owner.
