Excess Allowance Sample Clauses

Excess Allowance. Notwithstanding anything herein to the contrary, Landlord agrees that, upon Tenant’s written request and subject to the further terms of this Paragraph (g), Tenant shall have the right to have up to One Hundred Seventy-Eight Thousand, Ninety-Five and No/100 Dollars ($178,095.00.00) of the Landlord’s Construction Allowance credited towards the first monthly installment(s) of Basic Annual Rent becoming due hereunder after delivery of Tenant’s written request and/or disbursed to Tenant as a reimbursement of Tenant’s moving, soft costs, and/or the data cabling/networking expenses paid by Tenant to third parties in connection with Tenant’s move to the Premises. In the event Tenant desires any such credit and/or reimbursement, Tenant shall notify Landlord in writing of the amounts that Tenant wants credited and/or reimbursed (and, if reimbursed, Tenant shall include actual copies of paid invoices reflecting amounts Tenant desires to have reimbursed) prior to the Construction Termination Date, and, notwithstanding anything herein to the contrary, if Tenant fails to so notify Landlord in writing of such amounts Tenant desires to have credited and/or reimbursed prior to the Construction Termination Date, Tenant shall not be entitled to any such credit and/or reimbursement and all such Excess Allowance shall belong to Landlord and Tenant shall have no rights thereto. EXHIBIT C
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Excess Allowance. If upon final completion of the Tenant Improvements there remains any balance of the Construction Allowance, Tenant may draw upon such balance (the “FF&E Allowance”) to pay for the cost (“FF&E Costs”) to acquire and install customary office furniture, fixtures and equipment to be first used in the Premises (“FF&E”). Not later than the first (1st) anniversary of the Commencement Date Tenant may submit one (1) request for reimbursement of all FF&E Costs, such to be accompanied by invoices reflecting such costs as have been paid by Tenant and evidence of payment. Landlord shall reimburse for the FF&E Costs up to the FF&E Allowance within thirty (30) days after receipt of Tenant’s request. Landlord shall have no obligations to reimburse Tenant for FF&E Costs not submitted to Landlord by the first (1st) anniversary of the Commencement Date. Any balance of the FF&E Allowance remaining on the first (1st) anniversary of the Commencement Date and not subject to a pending or disputed request for reimbursements is forfeited by Tenant and the sole property of Landlord.
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Excess Allowance. Subject to the Allowance Deadline, to the extent that all or any portion of the Allowance remains unused after the Tenant Improvement Work is completed and paid for (the “Excess Allowance”), Tenant may use such Excess Allowance towards the cost of any other Alterations made in the Premises in accordance with the terms of the Lease by requesting reimbursement from Landlord in an amount not to exceed the Excess Allowance. Such reimbursement shall be made by Landlord upon 30 days written invoice to Landlord, which invoice shall be supported by Tenant’s paid receipts and/or invoices for such items and such other documentation reasonably requested by Landlord.
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Excess Allowance. If and to the extent that there remains any unexpended Allowance after completion of Landlord's Work on the Premises, any such Allowance shall be applied towards Tenant's Annual Base Rent first due and payable under this Lease until such excess has been exhausted.
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Excess Allowance. Notwithstanding any contrary provision of this Lease, if any portion of the Allowance remains after the Allowance Items have been fully paid for, Landlord, upon Tenant’s request, shall disburse such portion of the Allowance (the “Excess Allowance”) to Tenant, to be applied toward the reasonable costs of purchasing Tenant’s furniture, equipment and/or other personal property for the Premises (not to exceed $2.00 per rentable square foot of the Premises), within 30 days after receiving paid invoices from Tenant with respect to such costs. Notwithstanding the foregoing, if Tenant fails to use the entire Excess Allowance within one (1) year following the Commencement Date, the unused amount shall revert to Landlord and Tenant shall have no further rights with respect thereto.
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Excess Allowance. Within fifteen (15) days of the Commencement Date, Landlord shall deliver a notice to Tenant specifying the anticipated amount, if any, by which the amount of Tenant Improvement Allowance spent by Landlord exceeds Twenty-Five Dollars ($25) per rentable square foot, if at all, for purposes of establishing the required amount of the Standby Letter of Credit, if any, and for purposes of increasing the Monthly Rent under Lease Section 1.10.
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Excess Allowance. Notwithstanding anything herein to the contrary, if the total amount of Expansion Allowance exceeds the total cost of the Expansion Improvements (such excess amount being herein referred to as the “Excess Allowance”), then Landlord agrees that, upon Tenant’s written request, Tenant shall have the right to have up to (but not to exceed) Twenty-Nine Thousand Six Hundred Sixty-Five and No/100 Dollars ($29,665.00) of any such Excess Allowance: (i) disbursed to Tenant as a reimbursement of the out-of-pocket expenses paid by Tenant to third parties in connection with Tenant’s locating to the Expansion Space, furniture, fixtures, equipment, telephone system cabling and computer set-up, and/or (ii) credited towards the next Monthly Rental lnstallment(s) due under the Lease until such Excess Allowance available for such credit is exhausted.
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Excess Allowance. To the extent that the Tenant Improvement Allowance exceeds the Tenant Improvement Costs, Tenant shall have the right to use such excess to make further alterations or improvements to the interior of the Premises, provided that such improvements are completed on or before May 15, 2001, in accordance with the terms of the Lease.
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Excess Allowance 
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Related to Excess Allowance

  • Loss Allocation Limitation No allocation of Net Loss (or items thereof) shall be made to any Holder to the extent that such allocation would create or increase an Adjusted Capital Account Deficit with respect to such Holder.

  • Excess Finance Charge Collections Series 2018-5 shall be an Excess Allocation Series. Subject to Section 4.05 of the Agreement, Excess Finance Charge Collections with respect to the Excess Allocation Series for any Distribution Date will be allocated to Series 2018-5 in an amount equal to the product of (x) the aggregate amount of Excess Finance Charge Collections with respect to all the Excess Allocation Series for such Distribution Date and (y) a fraction, the numerator of which is the Finance Charge Shortfall for Series 2018-5 for such Distribution Date and the denominator of which is the aggregate amount of Finance Charge Shortfalls for all the Excess Allocation Series for such Distribution Date. The “Finance Charge Shortfall” for Series 2018-5 for any Distribution Date will be equal to the excess, if any, of (a) the full amount required to be paid, without duplication, pursuant to subsections 4.05(a), 4.05(b) and 4.05(c) and subsections 4.07(a) through (j) on such Distribution Date and the full amount required to be paid, without duplication, pursuant to subsections 3.02(a)(iii) and 3.02(a)(iv) of the Transfer Agreement on the related Payment Date (as such term is defined in the Transfer Agreement) over (b) the sum of (i) the Reallocated Investor Finance Charge Collections, (ii) if such Monthly Period relates to a Distribution Date with respect to the Controlled Accumulation Period or Early Amortization Period, the amount of Principal Funding Account Investment Proceeds, if any, with respect to such Distribution Date and (iii) the amount of funds, if any, to be withdrawn from the Reserve Account which, pursuant to subsection 4.12(d), are required to be included in Class A Available Funds with respect to such Distribution Date. The amount of Excess Finance Charge Collections for Series 2018-5 for any Distribution Date shall be specified in subsection 3.02(a)(v) of the Transfer Agreement. On each Distribution Date, the Trustee shall deposit into the Collection Account for application in accordance with Section 4.05 of the Agreement the aggregate amount of Excess Finance Charge Collections received by the Trustee pursuant to the Transfer Agreement on such date.

  • Excess TI Costs Landlord shall have no obligation to bear any portion of the cost of any of the Tenant Improvements except to the extent of the TI Allowance. If at any time the remaining TI Costs under the Budget exceed the remaining unexpended TI Allowance, Tenant shall deposit with Landlord, as a condition precedent to Landlord’s obligation to complete the Tenant Improvements, 100% of the then current TI Cost in excess of the remaining TI Allowance (“Excess TI Costs”). If Tenant fails to deposit any Excess TI Costs with Landlord, Landlord shall have all of the rights and remedies set forth in the Lease for nonpayment of Rent (including, but not limited to, the right to interest at the Default Rate and the right to assess a late charge). For purposes of any litigation instituted with regard to such amounts, those amounts will be deemed Rent under the Lease. The TI Allowance and Excess TI Costs are herein referred to as the “TI Fund.” Funds deposited by Tenant shall be the first disbursed to pay TI Costs. Notwithstanding anything to the contrary set forth in this Section 5(d), Tenant shall be fully and solely liable for TI Costs and the cost of Minor Variations in excess of the TI Allowance. If upon completion of the Tenant Improvements and the payment of all sums due in connection therewith there remains any undisbursed portion of the TI Fund, Tenant shall be entitled to such undisbursed TI Fund solely to the extent of any Excess TI Costs deposit Tenant has actually made with Landlord.

  • Excess Amounts On any Payment Date, to the extent the sum of the amount on deposit in the Reserve Account plus the amount available under any Letter of Credit exceeds the Required Reserve Amount on any Payment Date, the amount of such excess may be released from the Reserve Account and paid to the Class R Interest on such Payment Date.

  • Excess Spread; Excess Finance Charge Collections The Servicer shall apply, or shall cause the Trustee to apply by written instruction to the Trustee, on each Distribution Date, Excess Spread and Excess Finance Charge Collections allocated to Series 1997-1 with respect to the related Monthly Period, to make the following distributions or deposits in the following order of priority:

  • Excess Collection Account Amounts allocated to the Series 2023-2 Excess Collection Account on any Series 2023-2 Deposit Date will be (w) first, deposited in the Series 2023-2 Reserve Account in an amount up to the excess, if any, of the Series 2023-2 Required Reserve Account Amount for such date over the Series 2023-2 Available Reserve Account Amount for such date, (x) second, used to pay the principal amount of other Series of Notes that are then in amortization, (y) third, released to AESOP Leasing in an amount equal to the product of (A) the Loan Agreement’s Share with respect to the AESOP I Operating Lease Loan Agreement as of such date and (B) 100% minus the Loan Payment Allocation Percentage with respect to the AESOP I Operating Lease Loan Agreement as of such date and (C) the amount of any remaining funds and (z) fourth, paid to ABRCF for any use permitted by the Related Documents including to make Loans under the Loan Agreements to the extent the Borrowers have requested Loans thereunder and Eligible Vehicles are available for financing thereunder; provided, however, that in the case of clauses (x), (y) and (z), that no Amortization Event, Series 2023-2 Enhancement Deficiency or AESOP I Operating Lease Vehicle Deficiency would result therefrom or exist immediately thereafter. Upon the occurrence of an Amortization Event and once a Trust Officer has actual knowledge of the Amortization Event, funds on deposit in the Series 2023-2 Excess Collection Account will be withdrawn by the Trustee, deposited in the Series 2023-2 Collection Account and allocated as Principal Collections to reduce the Series 2023-2 Invested Amount on the immediately succeeding Distribution Date.

  • Excess Payments If Tenant shall assign this Lease or sublet any part of the Premises for consideration in excess of the pro-rata portion of Rent applicable to the space subject to the assignment or sublet, then Tenant shall pay to Landlord as Additional Rent 50% of any such excess immediately upon receipt.

  • Income Collection Unless otherwise directed by Instruction, the Custodian shall collect any amount due and payable to the Fund with respect to Investments and promptly credit the amount collected to a Principal or Agency Account; provided, however, that the Custodian shall not be responsible for: (a) the collection of amounts due and payable with respect to Investments that are in default or (b) the collection of cash or share entitlements with respect to Investments that are not registered in the name of the Custodian or its Subcustodians. The Custodian is hereby authorized to endorse and deliver any instrument required to be so endorsed and delivered to effect collection of any amount due and payable to the Fund with respect to Investments.

  • Shortfalls (i) If the amounts described in Section 2.3 are insufficient to pay the Class A Monthly Interest on any Distribution Date, payments of interest to the Class A Noteholders will be reduced on a pro rata basis by the amount of such deficiency. The aggregate amount, if any, of such deficiency on any Distribution Date, together with the aggregate unpaid amount of any such deficiencies with respect to all prior Distribution Dates, shall be referred to as the “

  • DISTRIBUTION OF EXCESS AGGREGATE CONTRIBUTIONS The Advisory Committee will determine excess aggregate contributions after determining excess deferrals under Section 14.07 and excess contributions under Section 14.08. If the Advisory Committee determines the Plan fails to satisfy the ACP test for a Plan Year, it must distribute the excess aggregate contributions, as adjusted for allocable income, during the next Plan Year. However, the Employer will incur an excise tax equal to 10% of the amount of excess aggregate contributions for a Plan Year not distributed to the appropriate Highly Compensated Employees during the first 2 1/2 months of that next Plan Year. The excess aggregate contributions are the amount of aggregate contributions allocated on behalf of the Highly Compensated Employees which causes the Plan to fail to satisfy the ACP test. The Advisory Committee will distribute to each Highly Compensated Employee his respective share of the excess aggregate contributions. The Advisory Committee will determine the respective shares of excess aggregate contributions by starting with the Highly Compensated Employee(s) who has the greatest contribution percentage, reducing his contribution percentage (but not below the next highest contribution percentage), then, if necessary, reducing the contribution percentage of the Highly Compensated Employee(s) at the next highest contribution percentage level (including the contribution percentage of the Highly Compensated Employee(s) whose contribution percentage the Advisory Committee already has reduced), and continuing in this manner until the ACP for the Highly Compensated Group satisfies the ACP test. If the Highly Compensated Employee is part of an aggregated family group, the Advisory Committee, in accordance with the applicable Treasury regulations, will determine each aggregated family member's allocable share of the excess aggregate contributions assigned to the family unit.

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