Consideration to Landlord. In the event of any assignment or ------------------------- sublease, whether or not requiting Landlord's consent, Landlord shall be entitled to receive, as additional rent hereunder, seventy-five percent (75%) of any consideration (including, without limitation, payment for leasehold improvements and any "Leasehold Profit" as defined below) paid by the assignee or subtenant for the assignment or sublease and, in the case of a sublease, seventy-five percent (75%) of the excess of the amount of rent paid for the sublet space by the subtenant over the amount of Monthly Rent under Paragraph 5 above and Additional Rent under Paragraph 7 above attributable to the sublet space for the corresponding month; except that Tenant may first recapture (i) any brokerage commissions paid by Tenant in connection with the subletting or assignment (not to exceed commissions typically paid in the market at the time of such subletting or assignment), (ii) reasonable legal fees paid by Tenant in connection with such assignment or subletting (provided that Tenant shall submit to Landlord evidence reasonably acceptable to Landlord of such legal fees actually paid by Tenant, which evidence shall include copies of the applicable attorney bills) and (iii) any improvement allowance or construction costs incurred by Tenant in connection with the assignment or sublease (collectively the "Assignment or Subletting Costs"), provided that, as a condition to Tenant recapturing the Assignment or Subletting Costs, Tenant shall provide to Landlord, within ninety (90) days of Landlord's execution of Landlord's consent to the assignment or subletting, a detailed accounting of the Assignment or Subletting Costs and supporting documents, such as receipts and construction invoices. To effect the foregoing, Tenant shall deduct from the monthly amounts received by Tenant from the subtenant or assignee as rent or consideration (i) the Monthly Rent and Additional Rent payable by Tenant to Landlord for the subject space and (ii) the Assignment or Subletting Costs, and seventy-five percent (75%) of the then remaining sum shall be paid promptly to Landlord. Upon Landlord's request, Tenant shall assign to Landlord all amounts to be paid to Tenant by any such subtenant or assignee and that belong to Landlord, and shall direct such subtenant or assignee to pay the same directly to Landlord. If there is more than one sublease under this Lease, the amounts (if any) to be paid by Tenant to Landlord pursuant to ...
Consideration to Landlord. In the event of any assignment or sublease, other than pursuant to Paragraph 13.h. below, Landlord shall be entitled to receive, as additional rent hereunder, fifty percent (50%) of any consideration (including, without limitation, payment for leasehold improvements) paid by the assignee or subtenant for the assignment or sublease and, in the case of a sublease, fifty percent (50%) of the excess of the amount of rent paid for the sublet space by the subtenant over the amount of Monthly Rent under Paragraph 5 above and Additional Rent under Paragraph 7 above attributable to the sublet space for the corresponding month; except that Tenant may recapture, on a straight line amortized basis (without interest) over the term of the sublease or assignment, any brokerage commissions paid by Tenant in connection with the subletting or assignment (not to exceed commissions typically paid in the market at the time of such subletting or assignment), reasonable attorneys fees in connection with the subletting or assignment, any improvement allowance paid by Tenant to the subtenant or assignee and any improvement costs incurred by Tenant specifically to prepare the space for such assignment or subletting (which costs shall exclude, without limitation, all costs of the Initial Alterations constructed pursuant to Paragraph 4 above, whether paid by Landlord or Tenant) (collectively the “Assignment or Subletting Costs”), provided that, as a condition to Tenant recapturing the Assignment or Subletting Costs, Tenant shall provide to Landlord, within ninety (90) days of Landlord’s execution of Landlord’s consent to the assignment or subletting, a detailed accounting of the Assignment or Subletting Costs and supporting documents, such as receipts and construction invoices. To effect the foregoing, Tenant shall deduct from the monthly amounts, received by Tenant from the subtenant or assignee as rent or consideration (i) the Monthly Rent and Additional Rent payable by Tenant to Landlord for the subject space for the corresponding month, and (ii) the incremental amount, on an amortized basis, of the Assignment or Subletting Costs, and fifty percent (50%) of the then remaining sum shall be paid promptly to Landlord. Upon Landlord’s request, Tenant shall assign to Landlord all amounts to be paid to Tenant by any such subtenant or assignee and that belong to Landlord and shall direct such subtenant or assignee to pay the same directly to Landlord. If there is more than one sublease u...
Consideration to Landlord. Except for those Occupancy Transactions permitted pursuant to the provisions of Section 15.8 without Landlord's prior consent, if Tenant enters into an Occupancy Transaction, the Minimum Annual Rent then payable and any scheduled increases thereto shall be increased on the effective date of such transaction to the highest of: (a) the total Minimum Annual Rent payable by the Transferee to Tenant; (b) an amount equal to the total of the Minimum Annual Rent plus Percentage Rent required to be paid by Tenant pursuant to this Lease during the calendar year immediately preceding such transaction; or (c) the Minimum Annual Rent payable in the first full year of the Lease Term, increased in accordance with the CPI Adjustment Procedures using the Rent Commencement Date as the Base Month and the effective date of such transaction as the Month of Adjustment. In no event shall the Minimum Annual Rent, as adjusted, be less than the Minimum Annual Rent in effect prior to the effective date of the Occupancy Transaction.
Consideration to Landlord. In consideration for Landlord’s execution of this Agreement, Tenant shall pay to Landlord the total amount of Fourteen Million Three Hundred Thousand and No/100 Dollars ($14,300,000.00) (the “Termination Fee”), which Termination Fee shall be delivered to Landlord in three (3) separate payments as follows:
Consideration to Landlord. In consideration for Landlord's execution and performance of this Agreement, Tenant hereby agrees that on the Effective Date Tenant shall cause the FF&E Reserves to be paid to Landlord by wire transfer and that Landlord may retain the Retained Funds less $2,500,000, which amount shall be released by Landlord to Tenant and paid by wire transfer on the Effective Date.
Consideration to Landlord. Without in any way limiting the prohibitions under Section 13.2 above, if Landlord agrees to consent to an assignment or sublease, (i) Tenant shall pay Landlord seventy-five percent (75%) of the consideration received by Tenant attributable to the assignment of Tenant's interest in this Lease and (ii) Tenant shall pay to Landlord from time to time, immediately after Tenant's receipt thereof, seventy-five percent (75%) of all rent or other consideration Tenant receives from such subtenant in excess of the rent payable under this Lease, as appropriately prorated with respect to a sublease of a portion of the Premises. In making the calculations provided for this Section, the consideration paid to Tenant shall first be reduced by Tenant's expenses associated with an assignment or sublease, including without limitation, brokerage fees, remodeling costs, attorneys' fees or other fees charged by Landlord.
Consideration to Landlord. In the event of any assignment or sublease, whether or not requiring Landlord's consent, Landlord shall be entitled to receive, as Additional Rent, one-half (1/2) of any consideration, including without limitation, payment for leasehold improvements paid for by Landlord, paid by the assignee or subtenant for the assignment or sublease, and, in the case of sublease, one-half (1/2) the excess of the amount of rent paid for the sublet space by the subtenant over the total amount of Base Monthly Rent under Section 5 and Additional Rent. Upon Landlord's request, Tenant shall assign to Landlord all amounts to be paid to Tenant by the assignee or subtenant and shall direct such assignee or subtenant to pay the same directly to Landlord. If there is more than one sublease under this Lease, the amounts (if any) to be paid by Tenant to Landlord pursuant to the preceding sentence shall be separately calculated for each sublease and amounts due Landlord with regard to any one sublease may not be offset against rental and other consideration due under any other sublease.
Consideration to Landlord. In the event of any' assignment or sublease, other than an assignment or sublease pursuant to Section 13.g., Landlord shall be entitled to receive as additional rent hereunder, seventy-five percent (75%) of any consideration (including, without limitation, payment for leasehold improvements) paid by the assignee or subtenant for the assignment or sublease and, in the case of a sublease, the excess of the amount of rent paid for the sublet space by the subtenant over the amount of Monthly Base Rent under Section 4 above, Operating Expenses under Section 5 above and the Improvement Advance under Paragraph l.f.iv. of EXHIBIT B attached hereto (if applicable) attributable to xxx xxblet space for the corresponding month. Upon Landlord's request, Tenant shall direct any subtenant or assignee to xxx xxx directly to Landlord the amounts due to it pursuant to this Section 14.c. on account of such sublease or assignment. If there is more than one sublease under this Lease, the amounts (if any) to be paid by Tenant to Landlord pursuant to this Section 14.c. shall be separately calculated for each sublease and amounts due Landlord with regard to any one sublease may not be offset against rental and other consideration pertaining to or due under any other sublease.
Consideration to Landlord. As additional consideration for Landlord’s execution of this Second Amendment, Tenant shall pay to Landlord the sum of Seven Hundred Thirty-Five Thousand and No/100 Dollars ($735,000.00) (the “Reduction Fee”). The Reduction Fee shall be paid by Tenant in two (2) equal installments of Three Hundred Sixty-Seven Thousand Five Hundred and No/100 Dollars ($367,500.00) as follows: (i) the first installment in the amount of Three Hundred Sixty-Seven Thousand Five Hundred and No/100 Dollars ($367,500.00) shall be paid by Tenant to Landlord concurrently with Tenant’s execution of this Second Amendment in immediately available funds; and (b) the second installment in the amount of Three Hundred Sixty-Seven Thousand Five Hundred and No/100 Dollars ($367,500.00) shall be paid to Landlord through funds made available from a Letter of Credit to be provided by Tenant in favor of Landlord pursuant to the further provisions of this Section 9. In furtherance of clause (ii) of this Section 9, concurrently with Tenant’s execution of this Second Amendment, Tenant shall deliver to Landlord an unconditional, irrevocable, renewable and transferable letter of credit (“Letter of Credit”) in favor of Landlord in a form attached hereto as Exhibit “B”, issued by a bank reasonably satisfactory to Landlord with a branch located in Southern California, in the principal amount of Three Hundred Sixty-Seven Thousand Five Hundred and No/100 Dollars ($367,500.00) (“Stated Amount”), which Stated Amount represents the second installment of the Reduction Fee required to be paid by Tenant pursuant to the first grammatical paragraph of this Section 9 above. The Letter of Credit shall be held by Landlord in accordance with the terms, provisions and conditions of this Section 9. Tenant shall pay all expenses, points and/or fees incurred by Tenant in obtaining the Letter of Credit. If the Letter of Credit delivered by Tenant is inconsistent with the form attached hereto as Exhibit “B” (including, without limitation, the wrong name or address for the Beneficiary), Landlord may so notify Tenant in writing, in which case Tenant shall cause the Letter of Credit to be corrected within five (5) business days after such notice. In no event shall the issuing bank have total assets of less than One Billion Dollars and capital less than six percent (6%) of its total assets (in each case as determined by the applicable federal regulator of the respective bank). If at any time the issuing bank does not satisfy s...
Consideration to Landlord. For and in consideration for Landlord executing this Surrender of Possession and Termination of Lease Agreement, Tenant forfeits any right, title, and interest, in the Fifteen Thousand ($15,000.00) Dollar security deposit, and Tenant forfeits any right, title, and interest, in the attached fixtures, and miscellaneous equipment, and other personal property located at the leased premises which will be left by Tenant.
