Beginning on. Ending on:
Beginning on. “Rent Commencement Date”), Tenant agrees to pay Landlord (or its Agent as directed by Landlord), without notice, demand, deduction or set off, an annual rental of $ , payable in equal monthly installments of $ , in advance on the first day of each calendar month during the term hereof. Upon execution of this Lease, Tenant shall pay to Landlord the first monthly installment of rent due hereunder. Rental for any period during the term hereof which is less than one month shall be the pro-rated portion of the monthly installment of rental due, based upon a 30 day month. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by % over the amount then payable hereunder. In the event renewal of this Lease is provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the term of the Lease so renewed, or If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by the greater of: (i) percent ( %) over the amount then payable hereunder, or, (ii) the percentage increase (but not any decrease) in the numerical index of the “Consumer Price Index for All Urban Consumers” (1982-84 = 100) published by the Bureau of Labor Statistics of the United States Department of Labor (“CPI”) for the immediately preceding twelve (12) month period over the amount then payable hereunder. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted every Lease Year Anniversary by $ over the amount then payable hereunder. In the event renewal of this Lease is provided for in paragraph 2 hereof and effectively exercised by Tenant, the rental adjustments provided herein shall apply to the term of the Lease so renewed. If this box is checked, the annual rental payable hereunder (and accordingly the monthly installments) shall be adjusted as provided on Exhibit B. If this box is checked, Tenant shall pay all rental to Landlord’s Agent at the following address:
Beginning on. August 1, 2005, if elected by the Employee, the Company will pay both the employer and employee portions of COBRA premium payments for medical and dental coverage for a period of five (5) months ending December 31, 2005. The employee has the right to continue COBRA coverage, at his own expense, for an additional 13 months. Such benefits may be continued but only to the extent that Employee makes timely premium payments for such continuation of benefits. Notwithstanding the above, the Employee will not be eligible for any bonuses, stock options (other than as previously granted), or accrual of any vacation time under this Agreement. The parties agree that through July 31, 2005, Employee's stock options, as previously granted, shall continue to vest in accordance with the vesting schedules set forth in Employee's Incentive Stock Option Agreements dated July 23, 2003 and November 21, 2003. All other of the Employee's Incentive Stock Option Agreements dated May 1, 1997, December 11, 1997, May 3, 1999, July 15, 1999, December 11, 2000, November 19, 2001 and March 8, 2002 are fully vested. Employee's rights to exercise such stock options shall remain subject to the terms and conditions of the Datawatch Corporation 1996 Stock Option Plan and the above-referenced Incentive Stock Option Agreements. It being agreed, for purposes of this agreement, that Employee's employment by the corporation will terminate on July 31, 2005.
Beginning on the 3rd day of a short-term absence for illness a supply will be called in;
Beginning on the third (3) month of rent commencement and ending with the twelfth (12) month, the sum of $198,200.00 of the Security Deposit will be credited each month toward Tenant's monthly payment of the Base Rental Amount. At any time after the eighteenth (18) month, with a thirty (30) day notice to Landlord, Tenant may request conversion of the remaining One Million Dollar ($1,000,000.00) cash security deposit to an irrevocable letter of credit issued by a major banking institution mutually acceptable to Landlord and Tenant.
Beginning on and ending on ........................... .
Beginning on and ending on ........................... . and 100% on .; provided, however, that if the date fixed for redemption is on a . or ., then the interest payable on such date shall be paid to the holder of record on the preceding . or ., respectively. The Issuer may not give notice of any redemption of the Notes if a default in the payment of interest or premium, if any, on the Notes has occurred and is continuing. The Notes are not subject to redemption through the operation of any sinking fund. If a Fundamental Change occurs at anytime prior to ., the Notes will be redeemable on the 30th day after notice thereof (the "Repurchase Date") at the option of the holder of the Notes at a redemption price equal to 100% of the principal amount thereof, together with accrued interest to (but excluding) the date of redemption; provided, however, that, if such Repurchase Date is a . or ., the interest payable on such date shall be paid to the holder of record of the Notes on the preceding . or ., respectively. The Notes will be redeemable in multiples of $1,000 principal amount. The Issuer shall mail to all holders of record of the Notes a notice of the occurrence of a Fundamental Change and of the redemption right arising as a result thereof on or before the 10th day after the occurrence of such Fundamental Change. For a Note to be so redeemed at the option of the holder, the Issuer must receive at the office or agency of the Issuer maintained for that purpose in accordance with the terms of the Indenture, such Note with the form entitled "Option to Elect Repayment Upon a Fundamental Change" on the reverse thereof duly completed, together with such Note, duly endorsed for transfer, on or before the 30th day after the date of such notice of a Fundamental Change (or if such 30th day is not a Business Day, the immediately succeeding Business Day). Subject to the provisions of the Indenture, the holder hereof has the right, at its option, at any time after the original issuance of any Notes through the close of business on the final maturity date of the Notes, or, as to all or any portion hereof called for redemption, prior to the close of business on the Business Day immediately preceding the date fixed for redemption (unless the Issuer shall default in payment due upon redemption thereof), to convert the principal hereof or any portion of such principal which is $1,000 or an integral multiple thereof into that number of shares of the Issuer's Common Stock (as such shares...
Beginning on. 30 June 2016, and thereafter during each Financial Year, the Borrower may employ 75% of the Excess Cash (if any) attributable to the preceding Financial Year (less any amount required to be kept on reserve in accordance with Clause 20.10.2 and Clause 20.10.3) to make a Distribution (including, for the avoidance of doubt a payment under the Guarantee Fee Agreement, the Consultancy Agreement or the BUTU Framework Loan Agreement), provided that it gives the Agent written notice, no less than 10 Business Days prior to such Distribution including the most recent relevant Compliance Certificate and evidence satisfactory to the Agent that each of the following conditions has been met:
Beginning on the Commencement Date of the Lease, Tenant covenants and agrees to pay Landlord, River East Plaza, L.L.C., a Delaware corporation, 000 Xxxx Xxxxxxxx Xxxxxx, Xxxxx 000, Xxxxxxx, Xxxxxxxx 00000, or to such other person or at such other place as Landlord shall designate in writing to Tenant from time to time, in legal tender of the United States, Base Rent in an amount equal to six thousand four hundred and seventy-one dollars and twenty-five cents ($6,471.25) per month. Tenant shall pay Base Rent on the first day of each calendar month during the Term of the Lease. In the event this Lease is terminated on any day other than the last day of the month, the Base Rent for said month shall be prorated on a per diem basis and Landlord shall refund the excess Base Rent paid by Tenant within thirty (30) days of the date on which the Lease terminates. Base Rent hereunder is fully serviced. Tenant shall not be required to pay any operating expenses, taxes or other charges under the Lease.
Beginning on. January 1st of the first Comparison Year, and on the first day of January of each subsequent Comparison Year during the Term, or as soon thereafter as is practicable, Sublandlord shall furnish Subtenant with a statement ("Sublandlord's Estimate") setting forth Sublandlord's estimate of the Pass Through Cost Increases for that Comparison Year. On the first day of each calendar month during each Comparison Year, Subtenant shall pay to Sublandlord one-twelfth (1/12th) of Subtenant's Share of the Pass Through Cost Increases, as estimated In Sublandlord's Estimate. On or about the first day of March of each Comparison Year after the first Comparison Year during the Term, or as soon thereafter as is reasonably practicable, Sublandlord shall furnish Subtenant with a statement of the actual Pass Through Costs Increases for the preceding Comparison Year, reconciling the actual amounts paid pursuant to Sublandlord's Estimate and the actual amounts payable hereunder ("Actual Pass Through Cost Increases Statement"). Within thirty (30) days after Sublandlord's giving of such Actual Pass Through Cost Increases Statement, Subtenant shall make a lump sum payment to Sublandlord in the amount, if any, by which the actual Subtenant's Share of Pass Through Cost Increases for such preceding Comparison Year as shown on the Actual Pass Through Cost Increases Statement, exceeds the aggregate of the monthly Installments of the estimated Subtenant's Share of Pass Through Cost Increases paid during such preceding Comparison Year. If Subtenant's Share of Pass Through Cost Increases, as shown on Sublandlord's Actual Pass Through Cost Increases Statement, is less than the aggregate of the monthly installments of Subtenant's Share of Pass Through Cost Increases actually paid by Subtenant during such preceding Comparison Year, then Sublandlord shall apply such amount to the next accruing monthly installment(s) of Subtenant's Share of Pass Through Cost Increases due from Subtenant until fully credited to Subtenant; provided, however, that if no Rent is due, then Sublandlord shall refund such amounts to Subtenant. If the Term ends on a date other than the last day of December, the actual Pass Through Cost Increases for the year in which the Expiration Date occurs, Subtenant's Share of Pass Through Cost Increases for such year shall be represented by a fraction, the numerator of which shall be the number of days during such fractional year falling within the Term, and the denominator of whi...
