Breakpoint Sample Clauses

Breakpoint. An amount at an annual rate of Three Hundred Fifty and 00/100 Dollars ($350.00)multiplied by the number of square feet of Floor Space of the retail store located within the Demised Premises; and in the event the Tenant exercises its right to extend the Term, the Breakpoint shall be increased in the same proportion as Fixed Rent applicable to such Extended Period is increased. If the Fixed Rent is not increased for such Extended Period, the Breakpoint shall remain the same as the Breakpoint in effect immediately preceding such Extended Period. If for any reason the Fixed Rent is reduced or abated, the Breakpoint shall be reduced in the same proportion as the Fixed Rent is reduced or abated.
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Breakpoint. An amount at an annual rate of $500,000.00.
Breakpoint. Rarely will a tenant pay percentage rent on the total amount of gross sales generated at the premises; it will pay only to the extent that the gross sales exceed a specified threshold or “breakpoint.” The breakpoint is a fundamental business term that should be addressed in the letter of intent. Often, the breakpoint is the amount of gross sales that would gener- ate percentage rent equal to the minimum rent or base rent. This is referred to as a “natural” breakpoint. For example, if the base rent is $100,000 and the percentage rent is 4 percent, the natural breakpoint for this lease would be $100,000 ÷ 0.04, or $2,500,000. The tenant would pay percentage rent only to the extent that gross sales exceed $2,500,000. If the tenant achieved $2,700,000 in gross sales in a given year, it would pay as percentage rent for that year 4 percent of the $200,000 excess over the breakpoint, or $8,000. There is no requirement that the breakpoint be a natural breakpoint and the leasing lawyer will rarely be involved in the negotiation of the breakpoint. The tenant’s lawyer, however, should be alert to the potential effect of increases in base rent on the breakpoint. Where the breakpoint is a stated amount, and the lease calls for periodic increases in the base rent, the tenant’s attorney should make sure that the client negotiates a pro- portionate increase to the breakpoint. In the same vein, the landlord’s attorney should require reductions to the breakpoint corresponding to reductions in min- imum rent effected by the operation of other provisions in the lease. Say, for instance, that our tenant paying $100,000 base rent and 4 percent over a natural breakpoint suffers a casualty that closes the premises and abates rent for two months during a lease year. Suppose also that this tenant generates $2,400,000 in gross sales during the ten months it did operate during that lease year. Without an adjustment to the breakpoint, the tenant would pay no percentage rent for that lease year even though gross sales would exceed the breakpoint on both an annualized basis (in our example, multiply actual gross sales by 12/10) and a proportional basis (again in our example, multiply the breakpoint by 10/12). Thus the landlord should require that the breakpoint reduce proportionately with any reductions in minimum rent.

Related to Breakpoint

  • Turn-Over After the occurrence and during the continuance of any Default (including the commencement and continuation of any proceeding under any Bankruptcy Law relating to any other Loan Party), each Guarantor shall, if the Administrative Agent so requests, collect, enforce and receive payments on account of the Subordinated Obligations as trustee for the Secured Parties and deliver such payments to the Administrative Agent on account of the Guaranteed Obligations (including all Post Petition Interest), together with any necessary endorsements or other instruments of transfer, but without reducing or affecting in any manner the liability of such Guarantor under the other provisions of this Guaranty.

  • Cost Share Federal and provincial governments support AgriInsurance programs by paying all administration expenses and sharing premium costs with the Insured.

  • Percentage Rent In addition to the Base Rent, Lessee shall be: (check one) ☐ - Not required to make payments related to Lessee’s sales or revenue (“Percentage Rent”). ☐ - Required to pay __________________ percent (____%) of __________________ (gross sales, net sales, etc.). Such payment shall be made ☐ Monthly ☐ Quarterly ☐ Annually along with a receipt to show proof of percentage calculation (“Percentage Rent”). The Base Rent and the Percentage Rent shall be referred collectively to as the “Rent.”

  • Maximum Annual Operating Expense Limit The Maximum Annual Operating Expense Limit with respect to each Fund shall be the amount specified in Schedule A based on a percentage of the average daily net assets of each Fund.

  • Payments, Computations, etc (a) Except as otherwise specifically provided herein, all payments hereunder shall be made to the Administrative Agent in dollars in immediately available funds, without offset, deduction, counterclaim or withholding of any kind, at the Administrative Agent’s office specified in Schedule 10.1 not later than 4:00 P.M. on the date when due. Payments received after such time shall be deemed to have been received on the next succeeding Business Day. The Administrative Agent may (but shall not be obligated to) debit the amount of any such payment which is not made by such time to any ordinary deposit account of the Borrower maintained with the Administrative Agent (with notice to the Borrower). The Borrower shall, at the time it makes any payment under this Credit Agreement, specify to the Administrative Agent the Loans, Fees, interest or other amounts payable by the Borrower hereunder to which such payment is to be applied (and in the event that it fails so to specify, or if such application would be inconsistent with the terms hereof, the Administrative Agent shall distribute such payment to the Lenders in such manner as the Administrative Agent may determine to be appropriate in respect of obligations owing by the Borrower hereunder, subject to the terms of Section 3.12(a)). The Administrative Agent will distribute such payments to such Lenders, if any such payment is received prior to 12:00 Noon on a Business Day in like funds as received prior to the end of such Business Day and otherwise the Administrative Agent will distribute such payment to such Lenders on the next succeeding Business Day. Whenever any payment hereunder shall be stated to be due on a day which is not a Business Day, the due date thereof shall be extended to the next succeeding Business Day (subject to accrual of interest and Fees for the period of such extension), except that in the case of Eurodollar Loans, if the extension would cause the payment to be made in the next following calendar month, then such payment shall instead be made on the next preceding Business Day. Except as expressly provided otherwise herein, all computations of interest and fees shall be made on the basis of actual number of days elapsed over a year of 360 days, except with respect to computation of interest on Base Rate Loans which shall be calculated based on a year of 365 or 366 days, as appropriate. Interest shall accrue from and include the date of borrowing, but exclude the date of payment.

  • Total Operating Expenses All costs and expenses paid or incurred by the Company, as determined under GAAP, that are in any way related to the operation of the Company or its business, including the Advisory Fee, but excluding (i) the expenses of raising capital such as Organization and Offering Expenses, legal, audit, accounting, underwriting, brokerage, listing, registration, and other fees, printing and other such expenses and taxes incurred in connection with the issuance, distribution, transfer and registration of securities, (ii) interest payments, (iii) taxes, (iv) non-cash expenditures such as depreciation, amortization and bad debt reserves, (v) incentive fees paid in compliance with the NASAA REIT Guidelines; (vi) acquisition fees and Acquisition Expenses, (vii) real estate commissions on the sale of Real Property, and (viii) other fees and expenses connected with the acquisition, disposition, management and ownership of real estate interests, mortgages or other property (including the costs of foreclosure, insurance premiums, legal services, maintenance, repair, and improvement of property). The definition of “Total Operating Expenses” set forth above is intended to encompass only those expenses which are required to be treated as Total Operating Expenses under the NASAA REIT Guidelines. As a result, and notwithstanding the definition set forth above, any expense of the Company which is not part of Total Operating Expenses under the NASAA REIT Guidelines shall not be treated as part of Total Operating Expenses for purposes hereof. 2%/25% Guidelines. 2%/25% Guidelines shall have the meaning set forth in Section 13.

  • Variances From Operating Budget Furnish Agent, concurrently with the delivery of the financial statements referred to in Section 9.7 and each monthly report, a written report summarizing all material variances from budgets submitted by Borrowers pursuant to Section 9.12 and a discussion and analysis by management with respect to such variances.

  • Night Shift Differential 1. An employee who works an assigned night shift shall, in addition to his or her regular salary, be paid a night shift differential for each hour actually worked on the assigned night shift.

  • Base Year The period beginning on 1 April of one year and ending on 31 March of the following year.

  • Night Shift Premium Any employee who is required to work on any day when the majority of their working hours fall between 10.00 p.m. and 5.00 a.m., or who starts their shift prior to 5.00 a.m., shall be paid a premium, in addition to their regular, hourly rate, of one dollar and twenty-five cents ($1.25) per hour for all hours worked on the shift. Shift premium pay shall not be added to an employee’s hourly rate for the purpose of computing overtime. This clause shall not result in duplication of premiums.

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