Arrearages. By submitting a response to this solicitation, a vendor hereby represents and warrants that:
Arrearages. If on the Closing Date any tenant is in arrears in the payment of Rent or has not paid the Rent payable by it for the month in which the Closing occurs (whether or not it is in arrears for such month on the Closing Date), any Rents received by the Purchaser or the Seller from such tenant after the Closing shall be applied to amounts due and payable by such tenant in the manner specified by such tenant, provided, that, if the tenant does not so specify, such Rents shall be applied to amounts due and payable by such tenant during the following periods in the following order of priority: (i) first, to the month in which the Closing occurred, (ii) second, to the months following the month in which the Closing occurred, and (iii) third, to the months preceding the month in which the Closing occurred. If Rents or any portion thereof received by the Seller or the Purchaser after the Closing are due and payable to the other party by reason of this allocation, the appropriate sum, less a proportionate share of any reasonable attorneys' fees and costs and expenses expended in connection with the collection thereof, (to the extent not collected from or reimbursed by tenants) shall be promptly paid to the other party.
Arrearages. In connection with the Executive's termination of employment for any reason, the Company shall pay Executive (or Executive's estate or legal representative, as the case may be) on the Termination Date his (a) accrued but unpaid Salary, if any, as of the Termination Date, (b) accrued but unpaid Annual Bonus for the Fiscal Year prior to the Fiscal Year in which Executive's employment is terminated as of the Termination Date and (c) unpaid Reimbursable Amounts, if any, as of the Termination Date (collectively, the "ARREARAGES"). If termination is pursuant to SUBSECTION (C) above, the payments under this SUBSECTION (G) will be in complete fulfillment of the Company's obligations to Executive under this Agreement. Otherwise, the Company shall be obligated to make the additional payments required pursuant to this SECTION 4 in addition to the Arrearages.
Arrearages. If on the Closing Date any tenant is in arrears in the payment of Rent or has not paid the Rent payable by it for the month in which the Closing occurs (whether or not it is in arrears for such month on the Closing Date), any Rents received by the Purchaser or the Seller from such tenant after the Closing shall be applied to amounts due and payable by such tenant during the following periods in the following order of priority: (i) first, to the month in which the Closing occurred, (ii) second, to the month preceding the month in which the Closing occurred, and (iii) third, to the months following the month in which the Closing occurred. If Rents or any portion thereof received by the Seller or the Purchaser after the Closing are due and payable to the other party by reason of this allocation, the appropriate sum, less a proportionate share of any reasonable attorneys' fees and costs and expenses expended in connection with the collection thereof, shall be promptly paid to the other party (to the extent not collected from or reimbursed by tenants).
Arrearages. If on the Closing Date any tenant is in arrears in the payment of rent or has not paid the rent payable by it for the month in which the Closing occurs (whether or not it is in arrears for such month on the Closing Date), any rents received by the Purchaser from such tenant after the Closing shall be applied to amounts due and payable by such tenant during the following periods (if any) in the following order of priority: (i) first, to the month(s) following the month in which the Closing occurred, (ii) second, to the month in which the Closing occurred, and (iii) third, to the month(s) preceding the month in which the Closing occurred. Notwithstanding the foregoing allocation, any rents paid by any tenant that is not more than fifty-nine days in arrears in its rent payments, made during the period commencing on the Closing Date and terminating thirty (30) days thereafter, shall be applied either to rents that are due and not yet paid for the rental period immediately preceding the rental period in which the Closing occurred, or, if no such rents are due, to any rents that are due and not yet paid for the rental period in which the Closing occurred, and the remainder shall be applied in accordance with the immediately preceding sentence. The Purchaser shall have no obligation to collect past due rentals and other amounts from tenants under the Leases after the Adjustment Date. If rents or any portion thereof received by the Sellers or the Purchaser after the Closing are due and payable to the other party by reason of this allocation or the allocation set forth in Section 3.3.2 below, subject to the Sellers' rights under Section 3.3.3, the appropriate sum, less, in the case of rents received by the Purchaser, a proportionate share of any reasonable attorneys' fees and costs and expenses expended by the Purchaser in connection with the collection thereof, shall be promptly paid to the other party. Subject to the Sellers' rights pursuant to Section 3.3.3, the Sellers shall deliver to the Purchaser any rents (including Additional Rents) received from any Tenant subsequent to the Closing Date for application in accordance with this Section 3.3.1 or Section 3.3.2, as the case may be. The obligations of this Section 3.3.1 shall survive the Closing.
Arrearages. By submitting a response to this solicitation, a vendor shall be deemed to represent that it is not in arrears in the payment of any obligation due and owing the State of Maryland, including the payment of taxes and employee benefits, and that it shall not become so in arrears during the term of the contract if selected for contract award.
Arrearages. If the Company fails to declare and pay a full Dividend on the Series A Preferred Stock on any Dividend Payment Date or fails to deliver in full any cash, shares of Common Stock or other securities or property, as applicable, due upon any conversion, redemption or put or call, then any Dividends otherwise payable on such Dividend Payment Date on the Series A Preferred Stock shall continue to accrue and cumulate initially at a Dividend Rate of 8.0% per annum, which shall then increase by 0.50% on every three-month anniversary of such failure (but not, in any event, to greater than 11.0% per annum), until such failure is cured, payable quarterly in arrears on each Dividend Payment Date, for the period from and including the first Dividend Payment Date (or the Issuance Date, as applicable) upon which the Company fails to pay a full Dividend on the Series A Preferred Stock through but not including the latest of the day upon which the Company pays in accordance with Section 4(c) all Dividends on the Series A Preferred Stock that are then in arrears. Dividends shall accumulate from the most recent date through which Dividends shall have been paid, or, if no Dividends have been paid, from the Issuance Date.
Arrearages. As of February 24, 2003, Tenant acknowledges it is currently in arrears for the sum of $48,533.92 ("Arrearages"). Said Arrearages are due and owing to the Landlord and must be paid immediately.
Arrearages. Dividends shall accumulate from the most recent date through which Dividends shall have been paid, or, if no Dividends have been paid, from the Original Issuance Date.
Arrearages. The Company shall pay Executive (or Executive's estate or legal representative, as the case may be) on the Termination Date his (a) accrued but unpaid Salary, if any, as of the Termination Date, (b) accrued but unpaid Bonus for the Fiscal Year prior to the Fiscal Year in which Executive's employment is terminated, if any, as of the Termination Date and (c) unpaid Reimbursable Amounts, if any, as of the Termination Date (collectively, the "Arrearages"). If termination is pursuant to subsection (c) above, the payments under this subsection (f) will be in complete fulfillment of the Company's obligations to Executive under this Agreement. Otherwise, the Company shall be obligated to make the additional payments required pursuant to this Section 4 in addition to the Arrearages.
