Common use of Additional Security Deposit Clause in Contracts

Additional Security Deposit. If a Facility is affected by any of the conditions described in Subsection (h) under the definition of Event of Default, and such condition continues beyond the shorter of (i) the period during which Tenant is in good faith appealing such condition, and (ii) one-hundred twenty (120) days (subject to extension to up to one hundred fifty days (150) with Landlord’s written consent, not to be unreasonably withheld), then Tenant shall increase the amount of the Security Deposit. The increase (“Increase”) shall be in an amount equal to the Fair Market Value which the affected Facility would have if none of the conditions described in Subsection (h) existed with respect to that Facility and if the Facility had licensed beds equal to the number of licensed beds in the Facility as of immediately prior to the Event of Default, an occupancy rate equal to the State average occupancy rate for facilities utilized for the Primary Intended Use of the Facility, less the actual Fair Market Value of the Facility. If the parties cannot agree upon the amount of the Increase, the amount of the Increase shall be determined in accordance with the arbitration procedures set forth in ARTICLE XXXVI. Tenant may fund the Increase in equal monthly installments beginning on the first (1st) day of the first (1st) month following the end of the time periods set forth above and ending on the earlier of (i) three (3) years thereafter, and (ii) two (2) years prior to the end of the Term; provided, however, that if the obligation to fund occurs during the last two (2) years of the Term, the Increase shall be funded immediately. If an Increase has been funded, the Facility is subsequently no longer affected by any of the conditions described in Subsection (h), the Facility has been reopened, and no Event of Default is continuing, the Increase shall be returned to Tenant. Pending an agreement between Landlord and Tenant as to the amount of the Increase, Tenant will fund the Increase based upon Tenant’s good faith estimate of the amount thereof.

Additional Security Deposit. If a Facility is affected by any of the conditions described in Subsection (h) under the definition of Event of Default, and such condition continues beyond the shorter of (i) the period during which Tenant Lessor is in good faith appealing such condition, and (ii) one-hundred twenty ninety (12090) days (subject to extension to up to one hundred fifty days (150) with Landlord’s written consent, not to be unreasonably withheld)days, then Tenant Lessee shall increase the amount of the Security Deposit. The increase (“"Increase”") shall be in an amount equal to the Fair Market Value fair market value which the affected Facility would have if none of the conditions described in Subsection (h) existed with respect to that Facility and if the Facility had licensed beds equal to the number of licensed beds in the Facility as of immediately prior to the Event of DefaultEffective Date, an occupancy rate equal to the State average occupancy rate for facilities utilized for the Primary Intended Use of the Facility, less the actual Fair Market Value fair market value of the Facility. If the parties cannot agree upon the amount of the Increase, the amount of the Increase shall be determined in accordance with the arbitration procedures set forth in ARTICLE XXXVIArticle XXXV. Tenant Lessee may fund the Increase in equal monthly installments beginning on the first (1st) day of the first (1st) month following the end of the time periods set forth above and ending on the earlier of (i) three (3) years thereafter, and (ii) two (2) years prior to the end of the Term; provided, however, that if the obligation to fund occurs during the last two (2) years of the Term, the Increase shall be funded immediately. If an Increase has been funded, the Facility is subsequently no longer affected by any of the conditions described in Subsection (h), the Facility has been reopened, and no Event of Default is continuing, the Increase shall be returned to TenantLessee. Pending an agreement between Landlord Lessor and Tenant Lessee as to the amount of the Increase, Tenant Lessee will fund the Increase based upon Tenant’s Xxxxxx's good faith estimate of the amount thereof.

Additional Security Deposit. If a Facility is affected by any of the conditions described in Subsection (h) under the definition of Event of Default, and such condition continues beyond the shorter of (i) the period during which Tenant Lessor is in good faith appealing such condition, and (ii) one-hundred twenty ninety (12090) days (subject to extension to up to one hundred fifty days (150) with Landlord’s written consent, not to be unreasonably withheld)days, then Tenant Lessee shall increase the amount of the Security Deposit. The increase (“Increase”) shall be in an amount equal to the Fair Market Value fair market value which the affected Facility would have if none of the conditions described in Subsection (h) existed with respect to that Facility and if the Facility had licensed beds equal to the number of licensed beds in the Facility as of immediately prior to the Event of DefaultEffective Date, an occupancy rate equal to the State average occupancy rate for facilities utilized for the Primary Intended Use of the Facility, less the actual Fair Market Value fair market value of the Facility. If the parties cannot agree upon the amount of the Increase, the amount of the Increase shall be determined in accordance with the arbitration procedures set forth in ARTICLE XXXVIArticle XXXV. Tenant Lessee may fund the Increase in equal monthly installments beginning on the first (1st) day of the first (1st) month following the end of the time periods set forth above and ending on the earlier of (i) three (3) years thereafter, and (ii) two (2) years prior to the end of the Term; provided, however, that if the obligation to fund occurs during the last two (2) years of the Term, the Increase shall be funded immediately. If an Increase has been funded, the Facility is subsequently no longer affected by any of the conditions described in Subsection (h), the Facility has been reopened, and no Event of Default is continuing, the Increase shall be returned to TenantLessee. Pending an agreement between Landlord Lessor and Tenant Lessee as to the amount of the Increase, Tenant Lessee will fund the Increase based upon TenantLessee’s good faith estimate of the amount thereof.

Additional Security Deposit. If a Facility is affected by any of the conditions described in Subsection (h) under the definition of Event of Default, and such condition continues beyond the shorter of (i) the period during which Tenant Lessor is in good faith appealing such condition, and (ii) one-hundred twenty ninety (12090) days (subject to extension to up to one hundred fifty days (150) with Landlord’s written consent, not to be unreasonably withheld)days, then Tenant Lessee shall increase the amount of the Security Deposit. The increase (“"Increase”") shall be in an amount equal to the Fair Market Value fair market value which the affected Facility would have if none of the conditions described in Subsection (h) existed with respect to that Facility and if the Facility had licensed beds equal to the number of licensed beds in the Facility as of immediately prior to the Event of DefaultEffective Date, an occupancy rate equal to the State average occupancy rate for facilities utilized for the Primary Intended Use of the Facility, less the actual Fair Market Value fair market value of the Facility. If the parties cannot agree upon the amount of the Increase, the amount of the Increase shall be determined in accordance with the arbitration procedures set forth in ARTICLE XXXVIArticle XXXV. Tenant Lessee may fund the Increase in equal monthly installments beginning on the first (1st) day of the first (1st) month following the end of the time periods set forth above and ending on the earlier of (i) three (3) years thereafter, and (ii) two (2) years prior to the end of the Term; provided, however, that if the obligation to fund occurs during the last two (2) years of the Term, the Increase shall be funded immediately. If an Increase has been funded, the Facility is subsequently no longer affected by any of the conditions described in Subsection (h), the Facility has been reopened, and no Event of Default is continuing, the Increase shall be returned to TenantLessee. Pending an agreement between Landlord Lessor and Tenant Lessee as to the amount of the Increase, Tenant Lessee will fund the Increase based upon Tenant’s lessee's good faith estimate of the amount thereof.