Common use of Interim Rent Clause in Contracts

Interim Rent. During the period commencing on the Closing Date and ending on the Basic Term Commencement Date, Interim Rent shall accrue on Equipment Cost during each Interim Rental Period at a rate per annum equal to the sum of (i) the Adjusted LIBO Rate prevailing on the first day of such Interim Rental Period plus the Applicable Margin; provided, that (i) as to Equipment purchased after the commencement of any Interim Rental Period and prior to the last day thereof, Interim Rental for such Equipment during such Interim Rental Period shall accrue on Equipment cost therefor at a rate equal to the Base Rate, (ii) if the Lessee notifies the Lessor at least 3 Business Days prior to the commencement of any Interim Rental Period that it desires for Interim Rent during such Interim Rental Period to accrue based on the Base Rate, then for such Interim Rental Period, Interim Rent shall instead accrued on Equipment Cost at a rate equal to the Base Rate, (iii) if there is less than one month remaining after the end of any Interim Rental Period until the Basic Term Commencement Date, Interim Rent for the final Interim Rental Period shall instead accrue on Equipment Cost at a rate equal to the Base Rate. In the event any Equipment Cost on which Rent accrued based on the Adjusted LIBO Rate is prepaid other than on the last day of the Interim Rental Period with respect thereto (including by reason of the occurrence of a Lease Termination Date for any reason), the Lessee shall compensate the Lessor for any funding losses incurred by it as a result of such prepayment. On the Basic Term Commencement Date, all Soft Costs incurred and Interim Rent accrued during the period from the Acquisition Date through the Basic Term Commencement Date shall be capitalized and added to Equipment Cost; provided, that in no event shall the aggregate Equipment Cost (including all Capitalized Expenses) exceed the Commitment, and to the extent any such capitalization of Soft Costs or Interim Rent would cause the aggregate Equipment Cost to exceed the Commitment, the amount of the excess shall be payable to the Lessor on the Basic Term Commencement Date on which such excess occurs. In the event any Vendor requires any advance payments, progress payments or full payments prior to the Acquisition Date of the Equipment proposed to be added to the Lease, the Lessee shall execute and deliver to the Lessor a Progress Payment Agreement, and the Lessor will make available amounts pursuant thereto for such purpose. For any Equipment which is the subject of any payments made by the Lessor under a Progress Payment Agreement, unpaid Additional Rent under such Progress Payment Agreement with respect to such Equipment shall be capitalized and, together with the amount of 3 such payments made by the Lessor with respect to such Equipment, shall be added to and constitute part of the Equipment Cost.

Interim Rent. During For each Phase, during the period commencing on the Closing Phase Commencement Date and ending on the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent with respect to such Phase shall accrue on Equipment Cost during each Interim Rental Period at a rate per annum equal to the sum of (i) the Adjusted LIBO Rate prevailing on the first day of such Interim Rental Period plus the Applicable Margin; provided, that (i) as to Equipment purchased after the commencement of any Interim Rental Period and prior to the last day thereof, Interim Rental for such Equipment during such Interim Rental Period shall accrue on Equipment cost therefor at a rate equal to the Base Rate, (ii) if the Lessee notifies the Lessor at least 3 Business Days prior to the commencement of any Interim Rental Period that it desires for Interim Rent during such Interim Rental Period to accrue based on the Base Rate, then for such Interim Rental Period, Interim Rent shall instead accrued on Equipment Cost at a rate equal to the Base Rate, (iii) if there is less than one month remaining after the end of any Interim Rental Period until the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent for the final Interim Rental Period shall instead accrue on Equipment Cost at a rate equal to be the Base Rate. Interim Rent shall be paid in arrears on the last day of the Interim Rental Period with respect thereto. In the event any Equipment Cost on which Rent interest accrued based on the Adjusted LIBO Rate is prepaid other than on the last day of the Interim Rental Period with respect thereto (including by reason of the occurrence of a Lease Termination Date for any reason), the Lessee shall compensate the Lessor for any funding losses incurred by it as a result of such prepayment. On the Basic Term Commencement DatePhase Completion Date for each Phase, all Soft Costs incurred and Interim Rent accrued during the period from the Acquisition Phase Commencement Date through the Basic Term Commencement Phase Completion Date for such Phase shall be capitalized and added to Equipment CostCost for such Phase; provided, that in no event shall the aggregate Equipment Cost (including for all Capitalized Expenses) Phases exceed the Commitment$103,000,000, and to the extent any such capitalization of Soft Costs or Interim Rent would cause the aggregate Equipment Cost for all Phases to exceed the Commitment$103,000,000, the amount of the excess shall be payable to the Lessor on the Basic Term Commencement Phase Completion Date on which such excess occurs. In the event any Vendor requires any advance payments, progress payments or full payments prior to the Acquisition Lease Addition Date of the Equipment proposed to be added to the LeaseLease for any Phase, the Lessee shall execute and deliver to the Lessor a Progress Payment AgreementAgreement for such Phase, and the Lessor will make available amounts pursuant thereto for such purpose. For any Equipment which is the subject of any payments made by the Lessor under a Progress Payment AgreementAgreement for any Phase, unpaid Additional Rent under such Progress Payment Agreement with respect to such Equipment shall be capitalized and, together with the amount of 3 such payments made by the Lessor with respect to such Equipment, shall be added to and constitute part of the Equipment CostCost for such Phase.

Interim Rent. During For each Phase, during the period commencing on the Closing Phase Commencement Date and ending on the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent with respect to such Phase shall accrue on Equipment Cost during each Interim Rental Period at a rate per annum equal to the sum of (i) the Adjusted LIBO Rate prevailing on the first day of such Interim Rental Period plus the Applicable Margin45 basis points; provided, that (i) as to Equipment purchased after the commencement of any Interim Rental Period and prior to the last day thereof, Interim Rental for such Equipment during such Interim Rental Period shall accrue on Equipment cost therefor at a rate equal to the Base Rate, (ii) if the Lessee notifies the Lessor at least 3 Business Days prior to the commencement of any Interim Rental Period that it desires for Interim Rent during such Interim Rental Period to accrue based on the Base Rate, then for such Interim Rental Period, Interim Rent shall instead accrued on Equipment Cost at a rate equal to the Base Rate, (iii) if there is less than one month remaining after the end of any Interim Rental Period until the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent for the final Interim Rental Period shall instead accrue be determined on Equipment Cost at a rate equal to the basis of 80% of the Base Rate. Interim Rent shall be paid in arrears on the last day of the Interim Rental Period with respect thereto. In the event any Equipment Cost on which Rent interest accrued based on the Adjusted LIBO Rate is prepaid other than on the last day of the Interim Rental Period with respect thereto (including by reason of the occurrence of a Lease Termination Date for any reason), the Lessee shall compensate the Lessor for any funding losses incurred by it as a result of such prepayment. On the Basic Term Commencement DatePhase Completion Date for each Phase, all Soft Costs incurred and Interim Rent accrued during the period from the Acquisition Phase Commencement Date through the Basic Term Commencement Phase Completion Date for such Phase shall be capitalized and added to Equipment CostCost for such Phase; provided, that in no event shall the aggregate Equipment Cost (including for all Capitalized Expenses) Phases exceed the Commitment$50,000,000, and to the extent any such capitalization of Soft Costs or Interim Rent would cause the aggregate Equipment Cost for all Phases to exceed the Commitment$50,000,000, the amount of the excess shall be payable to the Lessor on the Basic Term Commencement Phase Completion Date on which such excess occurs. In the event any Vendor requires any advance payments, progress payments or full payments prior to the Acquisition Lease Addition Date of the Equipment proposed to be added to the LeaseLease for any Phase, the Lessee shall execute and deliver to the Lessor a Progress Payment AgreementAgreement for such Phase, and the Lessor will make available amounts pursuant thereto for such purpose. For any Equipment which is the subject of any payments made by the Lessor under a Progress Payment AgreementAgreement for any Phase, unpaid Additional Rent under such Progress Payment Agreement with respect to such Equipment shall be capitalized and, together with the amount of 3 such payments made by the Lessor with respect to such Equipment, shall be added to and constitute part of the Equipment CostCost for such Phase.

Interim Rent. During For each Facility, during the period commencing on the Closing Facility Commencement Date and ending on the Basic Term Commencement DateFacility Completion Date for such Facility, Interim Rent with respect to such Facility shall accrue on Equipment in an amount equal to the sum of (i) the outstanding Facility Cost during each Interim Rental Period at times a rate per annum equal to the sum of (i) the Adjusted LIBO Rate prevailing on the first day of such Interim Rental Period plus the Applicable Margin; providedMargin and (ii) during the Construction Period, that a fee (ithe component of Interim Rent computed pursuant to this clause (ii) as to Equipment purchased after being the commencement "Commitment Fee") on the amount of any Interim Rental Period and prior to the last day thereof, Interim Rental for such Equipment during such Interim Rental Period shall accrue on Equipment cost therefor unused Commitment at a rate equal to the Base RateCommitment Fee Rate determined by reference to the Pricing Schedule, times the amount of the unused Commitment; provided, that (iix) if the Lessee notifies the Lessor at least 3 Business Days prior to the commencement of any Interim Rental Period that it desires for Interim Rent during such Interim Rental Period to accrue based on the Base Rate, then for such Interim Rental Period, Interim Rent shall instead accrued be determined on Equipment Cost at a rate equal to the basis of the Base RateRate plus the Applicable Margin, and (iiiy) if there is less than one month remaining after the end of any Interim Rental Period until the Basic Term Commencement DateFacility Completion Date for such Facility, Interim Rent for the final Interim Rental Period shall instead accrue be determined on Equipment Cost at a rate equal to the basis of the Base RateRate plus the Applicable Margin. In As provided in Section 27(e), in the event any Equipment Facility Cost on which Rent accrued based on the Adjusted LIBO Rate is prepaid other than on the last day of the Interim Rental Period with respect thereto (including by reason of the occurrence of a Lease Termination Date for any reason), the Lessee shall compensate the Lessor for any funding losses incurred by it as a result of such prepayment. On the Basic Term Commencement DateFacility Completion Date for each Facility, all Soft Costs incurred and Interim Rent accrued during the period from the Acquisition Facility Commencement Date through the Basic Term Commencement Facility Completion Date for such Facility shall be capitalized and added to Equipment CostFacility Cost for such Facility; provided, that in no event shall the aggregate Equipment Facility Cost for all Facilities (including all Capitalized Expenses) exceed the Commitment, and to the extent any such capitalization of Soft Costs or Interim Rent would cause the aggregate Equipment Facility Cost for all Facilities to exceed the Commitment, the amount of the excess shall be payable to the Lessor on the Basic Term Commencement Facility Completion Date on which such excess occurs. In the event any Vendor requires any advance payments, progress payments or full payments prior to the Acquisition Date of the Equipment proposed to be added to the Lease, the Lessee shall execute and deliver to the Lessor a Progress Payment Agreement, and the Lessor will make available amounts pursuant thereto for such purpose. For any Equipment which is the subject of any payments made by the Lessor under a Progress Payment Agreement, unpaid Additional Rent under such Progress Payment Agreement with respect to such Equipment shall be capitalized and, together with the amount of 3 such payments made by the Lessor with respect to such Equipment, shall be added to and constitute part of the Equipment Cost.

Interim Rent. During For each Phase, during the period commencing on the Closing Phase Commencement Date and ending on the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent with respect to such Phase shall accrue on Equipment Cost during each Interim Rental Period at a rate per annum equal to the sum of (i) the Adjusted LIBO Rate prevailing on the first day of such Interim Rental Period plus (a) with respect to any portion of the Applicable MarginEquipment Cost for any Phase funded before the aggregate funded Equipment Cost equals $80,000,000, 45 basis points, and (b) with respect to any portion of the Equipment Cost for any Phase funded after the aggregate funded Equipment Cost equals or exceeds $80,000,000, 60 basis points; provided, that (i) as to Equipment purchased after the commencement of any Interim Rental Period and prior to the last day thereof, Interim Rental for such Equipment during such Interim Rental Period shall accrue on Equipment cost therefor at a rate equal to the Base Rate, (ii) if the Lessee notifies the Lessor at least 3 Business Days prior to the commencement of any Interim Rental Period that it desires for Interim Rent during such Interim Rental Period to accrue based on the Base Rate, then for such Interim Rental Period, Interim Rent shall instead accrued on Equipment Cost at a rate equal to the Base Rate, (iii) if there is less than one month remaining after the end of any Interim Rental Period until the Basic Term Commencement DatePhase Completion Date for such Phase, Interim Rent for the final Interim Rental Period shall instead accrue be determined on Equipment Cost at a rate equal to the basis of 80% of the Base Rate. Interim Rent shall be paid in arrears on the last day of the Interim Rental Period with respect thereto. In the event any Equipment Cost on which Rent interest accrued based on the Adjusted LIBO Rate is prepaid other than on the last day of the Interim Rental Period with respect thereto (including by reason of the occurrence of a Lease Termination Date for any reason), the Lessee shall compensate the Lessor for any funding losses incurred by it as a result of such prepayment. On the Basic Term Commencement DatePhase Completion Date for each Phase, all Soft Costs incurred and Interim Rent accrued during the period from the Acquisition Phase Commencement Date through the Basic Term Commencement Phase Completion Date for such Phase shall be capitalized and added to Equipment CostCost for such Phase; provided, that in no event shall the aggregate Equipment Cost (including for all Capitalized Expenses) Phases exceed the Commitment$100,000,000, and to the extent any such capitalization of Soft Costs or Interim Rent would cause the aggregate Equipment Cost for all Phases to exceed the Commitment$100,000,000, the amount of the excess shall be payable to the Lessor on the Basic Term Commencement Phase Completion Date on which such excess occurs. In the event any Vendor requires any advance payments, progress payments or full payments prior to the Acquisition Lease Addition Date of the Equipment proposed to be added to the LeaseLease for any Phase, the Lessee shall execute and deliver to the Lessor a Progress Payment AgreementAgreement for such Phase, and the Lessor will make available amounts pursuant thereto for such purpose. For any Equipment which is the subject of any payments made by the Lessor under a Progress Payment AgreementAgreement for any Phase, unpaid Additional Rent under such Progress Payment Agreement with respect to such Equipment shall be capitalized and, together with the amount of 3 such payments made by the Lessor with respect to such 181 Equipment, shall be added to and constitute part of the Equipment CostCost for such Phase.