Common use of Advances; Outstanding Construction Allowance Clause in Contracts

Advances; Outstanding Construction Allowance. (i) Subject to the conditions set forth below, Landlord shall make advances (herein called "Construction Advances") on Advance Dates from time to time as requested by Tenant to reimburse Tenant for the actual cost of making the Designated Improvements to the Leased Property and for any property taxes or assessments payable prior to the Last Advance Date with respect to the Leased Property. In no event will Construction Advances which may be required of Landlord, when added to Carrying Costs accrued or projected by Landlord to accrue prior to the Carrying Costs Accrual Termination Date as described below, exceed the Maximum Construction Allowance. Notwithstanding the foregoing, if for any reason Stipulated Loss Value (and thus the Outstanding Construction Allowance included as a component thereof) must be determined under this Lease as of any date between Advance Dates, the Outstanding Construction Allowance determined on such date shall equal the Outstanding Construction Allowance on the immediately preceding Advance Date computed in accordance with the preceding sentence, plus Carrying Costs accruing on and after such preceding Advance Date to but not including the date in question. (ii) Charges (herein collectively called "Carrying Costs") shall accrue as described below for each Construction Period ending on or prior to the Carrying Costs Accrual Termination Date, and will be added to (and thereafter be included in) the Outstanding Construction Allowance on the last day of such Construction Period (i.e., generally on the Advance Date upon which such Construction Period ends). (iii) For the first short Construction Period ending August 1, 1997, Carrying Costs shall equal the sum of Carrying Costs for all days during such period, and the Carrying Costs accruing for each day during such period shall equal (A) the Initial Investment, times (B) the sum of (i) the Effective Rate for such day and (ii) the Spread calculated on the date of this Lease, divided by (C) three hundred sixty (360). For each Construction Period after the first short Construction Period and prior to or ending on the Carrying Costs Accrual Termination Date, Carrying Costs shall equal:

Appears in 2 contracts

Samples: Lease Agreement (3com Corp), Lease Agreement (3com Corp)

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Advances; Outstanding Construction Allowance. (i) Subject The Construction Management Agreement entitles FCI to receive from BNPLC - subject to the terms and conditions set forth below, Landlord shall make advances (herein called "in the Construction Advances") Management Agreement - Construction Advances on Advance Dates from time to time as requested by Tenant to pay or reimburse Tenant FCI for the actual cost costs of making acquiring any existing Improvements after the Designated Improvements Effective Date pursuant to the Leased Property Existing Contract, for the costs of the Construction Project and for any property taxes certain other costs described in the Construction Management Agreement. In addition, BNPLC may from time to time make expenditures or assessments payable incur costs constituting Construction Advances after a Landlord's Election to Continue Construction as described in subparagraph 6.(d). As used herein, references to the "OUTSTANDING CONSTRUCTION ALLOWANCE" mean the difference on the date in question (but not less than zero) of (A) the total Construction Advances made by or on behalf of BNPLC on or prior to the Last Advance Date with respect to the Leased Property. In no event will Construction Advances which may be required of Landlorddate in question, when added to plus (B) all Carrying Costs accrued added on or projected by Landlord to accrue prior to the Carrying Costs Accrual Termination Date date in question, less (C) any funds received and applied as described below, exceed the Maximum Construction Allowance. Notwithstanding the foregoing, if for any reason Stipulated Loss Value (and thus the Outstanding Construction Allowance included as a component thereof) must be determined under this Lease as of any date between Advance Dates, the Outstanding Construction Allowance determined Qualified Prepayments on such date shall equal the Outstanding Construction Allowance on the immediately preceding Advance Date computed in accordance with the preceding sentence, plus Carrying Costs accruing on and after such preceding Advance Date or prior to but not including the date in question. (ii) Charges (herein collectively called "Carrying CostsCARRYING COSTS") shall accrue as described below for each Construction Period ending on or prior to the Carrying Costs Accrual Termination Date, and will be added to (and thereafter be included in) the Outstanding Construction Allowance on the last day of such Construction Period (i.e., generally on the Advance Date upon which such Construction Period ends). However, if for any reason Stipulated Loss Value (iiiand thus the Outstanding Construction Allowance included as a component thereof) For must be determined as of any date between Advance Dates, the first short Outstanding Construction Period ending August 1, 1997, Allowance determined on such date shall include not only Carrying Costs shall equal added on or before the sum of Carrying Costs for all days during such periodimmediately preceding Advance Date computed as described below, and the but also Carrying Costs accruing for each day during on and after such period shall equal (A) the Initial Investment, times (B) the sum of (i) the Effective Rate for such day and (ii) the Spread calculated on preceding Advance Date to but not including the date of this Lease, divided by (C) three hundred sixty (360). For each Construction Period after the first short Construction Period and prior to or ending on the Carrying Costs Accrual Termination Date, Carrying Costs shall equal:in question.

Appears in 1 contract

Samples: Lease Agreement (Solectron Corp)

Advances; Outstanding Construction Allowance. (i) Subject to the conditions set forth below, Landlord shall make advances (herein called "Construction Advances") on Advance Dates from time to time as requested by Tenant to reimburse Tenant for the actual cost of making the Designated Improvements to the Leased Property and for any property taxes or assessments payable prior to the Last Advance Date with respect to the Leased Property. In no event will Construction Advances which may be required of Landlord, when added to Carrying Costs accrued or projected by Landlord to accrue prior to the Carrying Costs Accrual Termination Date as described below, exceed the Maximum Construction Allowance. Notwithstanding the foregoing, if for any reason Stipulated Loss Value (and thus the Outstanding Construction Allowance included as a component thereof) must be determined under this Lease as of any date between Advance Dates, the Outstanding Construction Allowance determined on such date shall equal the Outstanding Construction Allowance on the immediately preceding Advance Date computed in accordance with the preceding sentence, plus Carrying Costs accruing on and after such preceding Advance Date to but not including the date in question. (ii) Charges (herein collectively called "Carrying Costs") shall accrue as described below for each Construction Period ending on or prior to the Carrying Costs Accrual Termination Date, and will be added to (and thereafter be included in) the Outstanding Construction Allowance on the last day of such Construction Period (i.e., generally on the Advance Date upon which such Construction Period ends). (iii) For the first short Construction Period ending August 1, 1997, Carrying Costs shall equal the sum of Carrying Costs for all days during such period, and the Carrying Costs accruing for each day during such period shall equal (A) the Initial Investment, times (B) the sum of (i) the Effective Rate for such day and (ii) the Spread calculated on the date of this Lease, divided by (C) three hundred sixty (360). For each Construction Period after the first short Construction Period and prior to or ending on the Carrying Costs Accrual Termination Date, Carrying Costs shall equal:

Appears in 1 contract

Samples: Lease Agreement (3com Corp)

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Advances; Outstanding Construction Allowance. (i) Subject The Construction Management Agreement entitles SGC to receive from BNPLC - subject to the terms and conditions set forth below, Landlord shall make advances (herein called "in the Construction Advances") Management Agreement - Construction Advances on Advance Dates from time to time as requested by Tenant to pay or reimburse Tenant SGC for the actual cost costs of making acquiring existing Improvements after the Designated Improvements Effective Date pursuant to the Leased Property Existing Contract, for the costs of the Construction Project and for any property taxes certain other costs described in the Construction Management Agreement. In addition, BNPLC may from time to time make expenditures or assessments payable incur costs constituting Construction Advances after a Landlord's Election to Continue Construction as described in subparagraph 6.(d). As used herein, references to the "OUTSTANDING CONSTRUCTION ALLOWANCE" mean the difference on the date in question (but not less than zero) of (A) the total Construction Advances made by or on behalf of BNPLC on or prior to the Last Advance Date with respect to the Leased Property. In no event will Construction Advances which may be required of Landlorddate in question, when added to plus (B) all Carrying Costs accrued added on or projected by Landlord to accrue prior to the Carrying Costs Accrual Termination Date date in question, less (C) any funds received and applied as described below, exceed the Maximum Construction Allowance. Notwithstanding the foregoing, if for any reason Stipulated Loss Value (and thus the Outstanding Construction Allowance included as a component thereof) must be determined under this Lease as of any date between Advance Dates, the Outstanding Construction Allowance determined Qualified Prepayments on such date shall equal the Outstanding Construction Allowance on the immediately preceding Advance Date computed in accordance with the preceding sentence, plus Carrying Costs accruing on and after such preceding Advance Date or prior to but not including the date in question. (ii) Charges (herein collectively called "Carrying CostsCARRYING COSTS") shall accrue as described below for each Construction Period ending on or prior to the Carrying Costs Accrual Termination Date, and will be added to (and thereafter be included in) the Outstanding Construction Allowance on the last day of such Construction Period (i.e., generally on the Advance Date upon which such Construction Period ends). However, if for any reason Stipulated Loss Value (iiiand thus the Outstanding Construction Allowance included as a component thereof) For must be determined as of any date between Advance Dates, the first short Outstanding Construction Period ending August 1, 1997, Allowance determined on such date shall include not only Carrying Costs shall equal added on or before the sum of Carrying Costs for all days during such periodimmediately preceding Advance Date computed as described below, and the but also Carrying Costs accruing for each day during on and after such period shall equal (A) the Initial Investment, times (B) the sum of (i) the Effective Rate for such day and (ii) the Spread calculated on preceding Advance Date to but not including the date of this Lease, divided by (C) three hundred sixty (360). For each Construction Period after the first short Construction Period and prior to or ending on the Carrying Costs Accrual Termination Date, Carrying Costs shall equal:in question.

Appears in 1 contract

Samples: Lease Agreement (Solectron Corp)

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