Common use of Late Charges Clause in Contracts

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 5 contracts

Sources: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement

Late Charges. If any Monthly Debt Service Payment due (a) All non-scheduled payments required hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datei.e., or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is dueMonthly Base Rent, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition toRent Adjustments, and not in lieu ofRent Adjustment Deposits, any interest payable at the Default Rate pursuant which shall be due as hereinbefore provided) to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest Landlord shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for within thirty (30) days or moreafter Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest on such unpaid amount(s) shall accrue from the date payment is due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event that Landlord has not received any installment of Rent due under this Lease on the date it is due, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, no late charge shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full Tenant on the Maturity Datefirst occasion in any twelve-month period of a delay in receipt of any payment hereunder, then provided that Tenant delivers such payment to Landlord within two (2) business days after the date that it is otherwise due. Under no circumstances shall interest shall accrue be payable on any late charge. (c) Payment of interest at the Default Rate on all such unpaid amounts from and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 5 contracts

Sources: Lab Lease (OmniAb, Inc.), Lease Agreement (Avista Public Acquisition Corp. II), Lab Lease (OmniAb, Inc.)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Landlord or its designee within five (5) business days after receipt by Tenant of written notice from Landlord that such installment or sum was not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is when due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and reasonable attorneys' fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for four (4) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 5 contracts

Sources: Quarterly Report, Lease Agreement (Verisign Inc/Ca), Lease Agreement (Verisign Inc/Ca)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee (i) within ten five (105) days after written notice from Landlord that said amount was not paid when due, or (or fifteen (15ii) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after upon the date such said amount is due, inclusive if Tenant has previously received two (2) or more notices from Landlord during the immediately preceding twenty-four (24) month period stating that Tenant failed to pay any amount required to be paid by Tenant under this Lease when due, then Tenant shall pay to Landlord a late charge equal to six percent (6%) of the overdue amount plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid (a) within five (5) days after written notice from Landlord that said amount was not paid when due, or (b) upon the date on which such said amount is due, Borrower shall if Tenant has previously received one (1) or more notices from Landlord during the immediately preceding twelve (12) month period stating that Tenant failed to pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled amount required to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimatepaid by Tenant under this Lease when due, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default shall bear interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is when due until paid at a rate per annum equal to the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on lesser of (x) the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower annual “Bank Prime Loan” rate cited in the same manner Federal Reserve Statistical Release publication H.15(519), published weekly (or such other comparable index as provided for Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, and (y) the payment of Monthly Debt Service Payments. To the extent highest rate permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 5 contracts

Sources: Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.), Office Lease (ViewRay, Inc.)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇Lender, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d2.2(g). ▇▇▇▇▇▇▇▇ Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇Lender. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ Lender against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 4 contracts

Sources: Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement, Multifamily Loan and Security Agreement

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment Rent is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Datefirst day of each month by 4:00 pm and that is when Landlord expects to be paid. Rent is LATE if not paid by 4:00 pm on the first day of each month. Rent received before 4:00 pm on the sixth (6th) day of the month in which it is due will not be penalized with a late charge. After 4:00 pm on the sixth day of the month, then interest shall accrue at a late charge of five percent (5%) of the Default Rate monthly rental amount (as stated in Article I, Section 2 of this Lease Contract) or fifteen dollars ($15.00), whichever is greater, will be incurred and added to the total of the past due rent. If the sixth day of the month falls on all such unpaid amounts from a Saturday, Sunday, or a holiday observed by the Maturity Date until fully paid and shall Landlord, the Rent must be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower placed in the designated rent drop box prior to the opening of the first business day following the weekend or holiday; otherwise the Rent will be considered received on the opening of the next business day and late fees my accrue if that next business day is after the sixth (6th) day of the month. Acceptance of Rent after the due date shall not be considered a waiver or relinquishment of any of Landlord’s other rights and remedies. If the Rent is mailed, the late charge will be applied to any Rent received by mail after the sixth (6th) day of the month in which it is due. To ensure timely payment by the first day of the month, please mail the Rent by the 20th day of the previous month. Tenant acknowledges that any Rent received by Landlord will be first applied to any outstanding charges (such as late charges, returned check charges, damages) incurred by or on behalf of Tenant prior to applying the same manner as provided for to the current monthly Rent regardless of whether or not Tenant has made notations on the payment instrument and regardless of Monthly Debt Service Paymentswhen the obligations came about. To Partial payments of rent will not relieve Tenant of late charges. If the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained payment tendered by ▇▇▇▇▇▇ against Borrower in connection with fails to cover the Mortgage Loan. To total charges outstanding, then Tenant shall immediately pay the extent Borrower or difference, plus any other Person is vested with a right late charge incurred by virtue of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any Tenant’s failure to timely pay all amounts sums due in respect of from Tenant to Landlord. Check writing is a privilege that the Mortgage Loan on the Maturity Date, Landlord may suspend or during the discontinue at any time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan and require Tenant to make payment with a money order. There will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; a twenty-five dollar ($25.00) handling fee for any check for each time it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risksrefused payment by any bank. Also, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇if ▇▇▇▇▇▇’s delinquent check is refused for any reason by a bank or on whomever it is drawn, it is the same as if ▇▇▇▇▇▇ has not paid rent on time and Tenant will be responsible for paying any late charges that are charged for late payment. These terms also apply to any payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)made electronically.

Appears in 4 contracts

Sources: Residential Rental Contract, Residential Rental Contract, Residential Rental Contract

Late Charges. If any Monthly Debt Service Payment due (a) All payments required hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is dueMonthly Base Rent, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition toRent Adjustments, and not in lieu ofRent Adjustment Deposits, any interest payable at the Default Rate pursuant which shall be due as hereinbefore provided) to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest Landlord shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for within thirty (30) days or moreafter Landlord’s demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest on such unpaid amount(s) shall accrue from the date payment is due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be payable upon demand paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by ▇▇▇▇▇▇. If any Indebtedness due Tenant, while the payment of late charges is not paid to compensate Landlord for its additional administrative expenses in full on the Maturity Date, then handling and processing delinquent payments. (c) Payment of interest shall accrue at the Default Rate on all such unpaid amounts from and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 3 contracts

Sources: Office Lease (Kinemed Inc), Lease Agreement (Transcept Pharmaceuticals Inc), Lease Agreement (Transcept Pharmaceuticals Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount rent is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 3 contracts

Sources: Lease Agreement (Telocity Inc), Lease (Legato Systems Inc), Lease Agreement (Telocity Inc)

Late Charges. If any Monthly Debt Service Payment TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder is will cause LANDLORD to incur costs not received contemplated by Lender within ten (10) days (this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on LANDLORD by the terms of any mortgage or fifteen (15) days for trust deed covering the Premises. Accordingly, if any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) rent or any other Loan Document is sum due from TENANT shall not be received by Lender LANDLORD or LANDLORD'S designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice to TENANT, TENANT shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLANDLORD a late charge equal to five percent (5%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs LANDLORD will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by TENANT. Acceptance of such late charge by LANDLORD shall in no event constitute a waiver of TENANT'S default with respect to such overdue amount, nor prevent LANDLORD from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any other provision hereof to the contrary. The parties agree that the payment of late charges and the additional compensation Lender payment of interest as provided elsewhere herein are distinct and separate from one another in that the payment of interest is entitled to receive compensate LANDLORD for the increased risks use of nonpayment associated with a delinquency on LANDLORD'S money by TENANT and the Mortgage Loan (taking into account all circumstances existing on the Effective Date)payment of late charges is to compensate LANDLORD for administrative and other expenses incurred by LANDLORD.

Appears in 3 contracts

Sources: Lease Agreement, Lease Agreement, Lease Agreement

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor. All such amounts (or fifteen including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid within five (155) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (c) Notwithstanding the foregoing, Tenant shall be entitled to notice and the expiration of a five (5) day cure period prior to a imposition of any amount due late charge or interest charge under this Section 25.1 one (1) time per calendar year; after such written notice has been provided to Tenant in respect a calendar year, Tenant shall not be entitled to any further notice prior to imposition of the Mortgage Loan a late charge or interest under this Section 25.1 in such calendar year. (other than amounts due on the Maturity Dated) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 3 contracts

Sources: Office Lease (XOMA Corp), Lease Agreement (XOMA Corp), Lease Agreement (XOMA Corp)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenants failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 3 contracts

Sources: Lease Agreement (Exact Sciences Corp), Lease Agreement (Codexis Inc), Lease Agreement (Codexis Inc)

Late Charges. If any Monthly Debt Service Payment due hereunder is installment of Base Rent shall not be received by Lender Landlord or Landlord's designee within ten five (105) business days after the due date therefor, then Tenant shall pay to Landlord a fixed late charge equal to [***] plus any attorneys' fees (if any) incurred by Landlord by reason of Tenant's failure to pay such Base Rent; provided, however, that for the first three (3) months of the Lease Term following the expiration of the [***] [***] Confidential portions of this document have been redacted and filed separately with the Commission. [***] Landlord shall waive the imposition of such late charge during such [***] month period. If any installment of Rent (other than Base Rent) or any other sum due from Tenant shall not be received by Landlord or landlords designee within fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datedue date therefor, or then Tenant shall pay to Landlord a late charge equal to [***] percent ([***]%) of the amount due plus any amount payable under this Loan Agreement attorneys' fees incurred by Landlord by reason of Tenants failure to pay such Rent (other than Base Rent) or other charges when due hereunder. The foregoing late charges shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlords other rights and remedies hereunder, at law and/or in equity and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. Notwithstanding the above (and in addition to the waiving of any late charge by reason of Tenants failure to pay Base Rent during the first three (3) months following the Base Rent Abatement Period described above), no late charge or interest will be assessed for the [***] late payment due on the Maturity Date for repayment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant in any [***] during the Lease Term (including the Option Terms, if applicable). In addition to the late charge described above, any Rent or other amounts owing hereunder which are not received paid by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive that they am due shall thereafter bear interest until paid at a rate (the "Interest Rate") equal to the lesser of (i) the date on which such amount is due, Borrower shall pay "Prime Rate" or "Reference Rate" announced from time to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained time by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure Bank (or such reasonable comparable national banking institution as selected by Landlord in the event JPMorgan Chase Bank ceases to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Dateexist or publish a Prime Rate or Reference Rate), plus [***] percent ([***]%), or during (ii) the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur highest rate permitted by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)applicable Laws.

Appears in 3 contracts

Sources: Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc), Lease Agreement (Bridgepoint Education Inc)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 3 contracts

Sources: Lease Agreement (Genomic Health Inc), Lease Agreement (Acelrx Pharmaceuticals Inc), Lease Agreement (Maxygen Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located not paid when due shall bear interest from the date due until the date paid at the Default Rate in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due effect on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount payment was due. (b) In the event Tenant is duemore than five (5) days late in paying any installment of Rent due under this Lease, inclusive Tenant shall pay Landlord a late charge equal to five percent (5%) of the date on delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such amount late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is due, Borrower shall pay to Lender, immediately without demand compensate Landlord for its inability to use the money improperly withheld by ▇▇▇▇▇▇, while the Late Charge. The Late Charge payment of late charges is payable to compensate Landlord for its additional administrative expenses in addition to, handling and not in lieu of, any processing delinquent payments. (c) Payment of interest payable at the Default Rate pursuant and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 3 contracts

Sources: Sub Sublease (Carmot Therapeutics Inc.), Sub Sublease (Carmot Therapeutics Inc.), Office/Laboratory Lease (Aduro Biotech, Inc.)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to ten percent (10%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment and by Tenant. Notwithstanding the additional compensation Lender is entitled to receive foregoing, Landlord will not assess a late charge until Landlord has given written notice of such late payment for the increased risks first late payment in any twelve (12) month period and after Tenant has not cured such late payment within three (3) days from receipt of nonpayment associated such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a delinquency on late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance.

Appears in 3 contracts

Sources: Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Standard Industrial/Commercial Single Tenant Lease Modified Net (Ooma Inc), Lease Agreement (EGAIN Corp)

Late Charges. If Tenant fails to pay, when the same is due and payable, any Monthly Debt Service Payment Base Rent or Other Charges described above, or any other amounts due hereunder pursuant to this Lease, which amounts shall be and are referred to as "additional rent," then such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due to the date of payment unless such amount would violate any applicable usury or other law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any monthly installment of Base Rent, Other Charge or additional rent will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses include, without limitation, administrative and collection costs, processing and accounting expenses, and interest and penalties imposed by the terms of any contracts, mortgages or deeds of trust covering the Leased Premises, the Building or the Real Property. Therefore, if any Base Rent, Other Charge or additional rent payment is not received by Lender Landlord from Tenant by the fifth (5th) day after such payment is due, Tenant shall immediately pay to Landlord a late charge equal to twelve percent (12%) of such payment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expenses suffered by such nonpayment by Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant's breach or default with respect to such nonpayment by Tenant nor prevent Landlord from exercising any or all other rights and remedies available to Landlord under this Lease. Notwithstanding the foregoing, provided Tenant in not otherwise in default or breach of this Lease and pays in full any amount not paid when due within ten (10) days of being advised by Landlord that a payment has not been received when due, Landlord shall waive up to one (or fifteen 1) late charge in any twenty-four (1524) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after month period during the applicable Payment Date, or any amount payable Lease Term; provided Tenant has paid all sums due under this Loan Agreement Lease on or before the first (other than the payment due on the Maturity Date for repayment 1st) day of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower calendar month in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or previous twenty-four (24) calendar months during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Lease Term.

Appears in 2 contracts

Sources: Office Lease (Eddie Bauer Holdings, Inc.), Office Lease (Eddie Bauer Holdings, Inc.)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s written invoice therefor together with reasonable back-up information substantiating the invoiced payments. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional expenses Lender will incur by reason delinquent installment of any Rent, provided, however, that Landlord agrees to waive the first such late payment. Default Rate. Default interest charge in each calendar year during the Tenn. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Caribou Biosciences, Inc.), Office/Laboratory Lease (Caribou Biosciences, Inc.)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure I fail to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such payment when due you may charge a late payment. Default Rate. Default interest shall be paid charge as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower set out in the same manner as provided for the payment of Monthly Debt Service PaymentsFederal Truth in Lending Disclosure. To the extent permitted Unless otherwise required by applicable law, for purposes of determining whether a late charge is due with regard to a current installment due you will apply any payments you receive to the oldest maturing installment due in the manner provided above. Any late charge will be in addition~ to and not in place of accrued interest under this Promissory Note. EVENTS of DEFAULT. I will be in default under this Promissory Note if I fail to make any payment when due. regardless Of how such amount may have become due, or if I fail to payor perform 8Dy other obligation, liability or indebtedness to NationsBank, or if any covenant agreement or condition herein is not fully and timely performed, observed or kept; or if any bankruptcy or insolvency proceeding is instituted ~ or against me, or if any tax lien, levy or garnishment is levied against me; or if you in good faith believe that the prospect of repayment or performance under any agreement I may have with you is impaired; or if you reasonably deem yourself insecure for any reason; or if you determine that any representation made to you is. or was, materially untrue or misleading; or if any Borrower shall also accrue at die, or. if any Borrower is a corporation. partnership, limited liability company, association or other duly organized business entity, if such Borrower shall be dissolved. liquidated, terminated or otherwise fail to maintain good standing in its state of organization; or if any event of default exists or occurs under any security agreement or other document evidencing a lien against any Collateral; or if any of the Default Rate on events described in this section with respect to any judgment obtained guarantor of this Promissory Note. If this Promissory Note is secured by ▇▇▇▇▇▇ improved real property and any part or all of the Collateral is sold transferred, conveyed or all Signed(including to a spouse, to a trust (living. revocable or otherwise). through probate or as a gift) without your prior; written consent, I will be in default of this Promissory Note. A default by me any of us (if this is a joint loan) will be a default by all of us. You may collect from or bring legal action against Borrower in connection with the Mortgage Loan. To the extent Borrower or any of us (if this is a joint loan) without giving up any of your rights against any other Person person. A court decree for divorce or separation o~ a non-court approved mutual agreement does not affect eliminate or reduce any Borrower's liability for the Outstanding Balance since NationsBank is vested with not a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate party to the Default Rate represents a fair and reasonable estimate of decree or to the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)agreement.

Appears in 2 contracts

Sources: Promissory Note (Diamond Powersports Inc), Promissory Note (Diamond Powersports Inc)

Late Charges. If Time is of the essence for all payments and other obligations due under this Note. Borrower acknowledges that if any Monthly Debt Service Payment due hereunder payment required under this Note is not received by Lender within ten (10) calendar days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datesame becomes due and payable, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason extra administrative expenses (i.e., in addition to expenses incident to receipt of any such late timely payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of ) and the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of funds in connection with the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risksdelinquency in payment. Because, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate nature of the additional riskscase, costs, and expenses the actual damages suffered by Lender will incur by reason of ▇▇▇▇▇▇▇▇’s such administrative expenses and loss of the use of funds would be impracticable or extremely difficult to ascertain, Borrower agrees that five percent (5%) of the amount of the delinquent payment and payment, together with interest accruing on the additional compensation entire principal balance of this Note at the Default Rate, as provided above, shall be the amount of damages which Lender is entitled to receive upon Borrower’s failure to make a payment of principal or interest when due, in compensation therefor. Therefore, Borrower shall, in such event, without further demand or notice, pay to Lender, as Lender’s monetary recovery for such extra administrative expenses and loss of use of funds, liquidated damages in the increased risks amount of nonpayment associated with five percent (5%) of the amount of the delinquent payment (in addition to interest at the Default Rate). The provisions of this paragraph are intended to govern only the determination of damages in the event of a delinquency on breach in the Mortgage performance of Borrower to make timely payments hereunder. Nothing in this Note shall be construed as in any way giving Borrower the right, express or implied, to fail to make timely payments hereunder, whether upon payment of such damages or otherwise. The right of Lender to receive payment of such liquidated and actual damages, and receipt thereof, are without prejudice to the right of Lender to collect such delinquent payments and any other amounts provided to be paid hereunder or under any of the Loan (taking into account all circumstances existing on Documents, or to declare a default hereunder or under any of the Effective Date)Loan Documents.

Appears in 2 contracts

Sources: Business Loan Agreement (Redwood Mortgage Investors IX), Business Loan Agreement (Redwood Mortgage Investors Viii)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) days after such amount shall be due (or fifteen that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (155) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Dateday period, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan first (1st) occasion in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date calendar year on which such Tenant fails to timely pay an amount is duedue hereunder), Borrower then, without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to ten percent (10%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s delinquent payment Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to receive the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent in a timely fashion for the increased risks of nonpayment associated with four (4) consecutive calendar quarters, Rent shall thereafter be payable on a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)monthly basis.

Appears in 2 contracts

Sources: Lease (Penumbra Inc), Lease (Penumbra Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit agreement, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after receipt of written notice to comply with applicable law) after the applicable Payment DateTenant from Landlord that such sum is overdue, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower then Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. If any Base Monthly Rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for four (4) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 2 contracts

Sources: Lease Agreement (Zilog Inc), Lease Agreement (Zilog Inc)

Late Charges. If The sums and charges set forth in this Section 8 shall be “Additional Rent”. Tenant acknowledges that late payment (the second (2nd) day of each month or any Monthly Debt Service Payment time thereafter) of Rent and all other sums due hereunder hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum payable by Tenant is not received by Lender within Landlord when due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an amount equal to ten percent (10%) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any of such delinquent amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within plus interest thereon at ten percent (10%) days (per annum for every month or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after portion thereof that such sums remain unpaid. Notwithstanding the date such amount is dueforegoing, inclusive of Landlord waives the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided charge for the payment of Monthly Debt Service Payments. To first (1st) instance during the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower Term in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure which Tenant fails to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costsRent, and expenses; interest shall not commence to accrue until the third (3rd) day following Landlord’s giving to Tenant its notice of default. If Tenant delivers to Landlord two (2) checks for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier’s check for the amount of such check and all other charges payable hereunder. The parties agree that this late charge and the increase from the Interest Rate to the Default Rate represents other charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇such late payment by Tenant, excluding attorneys’ fees and costs. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and the additional compensation Lender is entitled remedies available to receive Landlord for the increased risks any other default of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Tenant under this Lease.

Appears in 2 contracts

Sources: Lease Agreement (GigOptix, Inc.), Lease Agreement (Endwave Corp)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount the rent is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. Notwithstanding the foregoing, upon the first failure of Tenant to make timely payment in any calendar year of the Term, Tenant shall not be liable for such late charge if Tenant pays such overdue amount to Landlord within three (3) business days after receipt of written notice that such amount was not received when due. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 2 contracts

Sources: Lease Agreement (Broadcom Corp), Lease Agreement (Broadcom Corp)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent and other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender within ten (10) days (this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or fifteen (15) days for trust deed covering the Premises. Accordingly, if any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designated agent within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is duedue and owing, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five percent (5%) of such overdue amount each time a late charge is payable during the Lease Term. Notwithstanding the above, immediately without demand on three occasions during the Lease Term (as it may be extended) but not more than once every twelve (12) months during the Lease Term, Tenant shall be entitled to written notice of non-receipt of Rent from Landlord, and Tenant shall not be liable for any late charge, interest or other late fee hereunder if such Rent is received by ▇▇▇▇▇▇, the Late ChargeLandlord within three (3) business days after Tenant’s receipt of such written notice from Landlord. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Rent, then Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding Section 4.01 or any other provision of this Lease to the contrary. The late charge shall be deemed Additional Rent and the additional compensation Lender is entitled right to receive for the increased risks require it shall be in addition to all of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner.

Appears in 2 contracts

Sources: Triple Net Space Lease (Cloudera, Inc.), Triple Net Space Lease (Cloudera, Inc.)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten twenty (1020) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, Landlord shall provide written notice to Tenant with respect to the first late payment in any amount twelve month period and there shall not be a late charge becoming due in respect of the Mortgage Loan unless Tenant fails to pay such sums within five (other than amounts due on the Maturity Date) remains past due for thirty (305) days or more, after written notice thereof. (c) Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 2 contracts

Sources: Lease Agreement (Guardant Health, Inc.), Lease Agreement (Guardant Health, Inc.)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Landlord or its designee within five (5) days after the rent is due, Tenant shall pay to Landlord a late charge equal to five (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. Landlord agrees to provide Tenant a notice to pay rent or quit if the Base Monthly Rent is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located when due and further agrees to waive said late charge in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan event all amounts set forth in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not notice are paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all by cashier's check within five (5) days after Landlord's service upon Tenant of such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lendernotice. Absent a demand by Lender, any The parties agree that such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate late charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)remedies granted hereunder.

Appears in 2 contracts

Sources: Lease (Bea Systems Inc), Lease (Bea Systems Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located not paid when due shall bear interest from the date due until the date paid at the Default Rate in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due effect on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount payment was due. (b) In the event Tenant is duemore than five (5) days late in paying any installment of Rent due under this Lease, inclusive Tenant shall pay Landlord a late charge equal to five percent (5%) of the date on delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such amount late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is due, Borrower shall pay to Lender, immediately without demand compensate Landlord for its inability to use the money improperly withheld by ▇▇▇▇▇▇, while the Late Chargepayment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. The Late Charge is payable Notwithstanding the foregoing, Landlord will not assess a late charge until Landlord has given written notice of such late payment for the first late payment in addition to, any twelve (12) month period and after Tenant has not in lieu of, any cured such late payment within three (3) days from receipt of such notice. No other notices will be required during the following twelve (12) months for a late charge to be incurred. (c) Payment of interest payable at the Default Rate pursuant and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Kyverna Therapeutics, Inc.), Office/Laboratory Lease (Kyverna Therapeutics, Inc.)

Late Charges. Any amount not paid by Tenant after its due date, in accordance with the terms of this Lease, shall bear interest from such due date until paid in full at the lesser of (a) the highest rate permitted by applicable law or (b) the Prime Rate (as reported in the Wall Street Journal) of interest (“Prime Rate”) plus ten percent (10%) per annum. It is expressly the intent of Landlord and Tenant at all times to comply with applicable law governing the maximum rate or amount of any interest payable on or in connection with this Lease. If applicable law is ever judicially interpreted so as to render usurious any Monthly Debt Service Payment interest called for under this Lease, or contracted for, charged, taken, reserved, or received with respect to this Lease, then it is Landlord’s and Tenant’s express intent that all excess amounts theretofore collected by Landlord be credited on the applicable obligation (or, if the obligation has been or would thereby be paid in full, refunded to Tenant), and the provisions of this Lease immediately shall be deemed reformed and the amounts thereafter collectible hereunder reduced, without the necessity of the execution of any new document, so as to comply with the applicable law, but so as to permit the recovery of the fullest amount otherwise called for hereunder. Landlord, in addition to all other rights and remedies available to it, may charge Tenant a fee equal to five percent (5%) of the delinquent payment to reimburse Landlord for its cost and inconvenience incurred as a consequence of Tenant’s delinquency. Notwithstanding anything contained in the foregoing to the contrary, Landlord hereby agrees that for the first occurrence of a late payment of Base Rent by Tenant hereunder within any consecutive twelve (12) month period, Tenant shall not be obligated for the payment of Default Interest or the late charge described herein unless and until such amounts remain outstanding ten (10) days after Tenant’s receipt of written notice from Landlord that such amounts are or were due hereunder is and payable. If the amounts due are not received by Lender paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateTenant’s receipt of written notice, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower Default Interest shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing begin accruing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount was originally due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)payable.

Appears in 2 contracts

Sources: Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.), Lease Agreement (Ulta Salon, Cosmetics & Fragrance, Inc.)

Late Charges. If Tenant acknowledges that the late payment of Rent will cause Landlord to incur damages, the exact amount of which would be impractical and extremely difficult to ascertain. Such damages may include, without limitation, processing, accounting, and other administrative costs, loss of use of the overdue funds, and late charges that may be imposed on Landlord by the terms of any Monthly Debt Service Payment due hereunder is encumbrance and note secured by any encumbrance covering the Premises. Landlord and Tenant agree that if Landlord does not received by Lender receive a payment of Rent within ten (10) days after such payment becomes due, Tenant shall pay to Landlord a late charge in an amount equal to three percent (or fifteen (153%) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after of such overdue Rent. Notwithstanding the applicable Payment Dateforegoing, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment such late charge shall not be assessed if all of the Mortgage Loan in fullfollowing conditions shall apply: (a) or any other Loan Document the late payment is not received by Lender made within ten (10) days after Landlord’s written notice of delinquent payment and (or fifteen (15b) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after Landlord shall not, during the 365-day period immediately preceding the due date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect , have delivered to Tenant written notice of the Mortgage Loan more than one (1) then delinquent payment of Minimum Monthly Rent or more than two (2) other delinquent payments of Rent (other than amounts due Minimum Monthly Rent). In addition to the provisions set forth in Section 23 of this Lease and in Section 50 of this Lease, except that Tenant shall have no obligation to pay to Landlord interest on the Maturity Date) remains past due for interest, if Landlord does not receive a payment of Rent within thirty (30) days or moreafter such payment becomes due, interest on such unpaid amount(s) Tenant shall accrue from the date payment is due pay to Landlord additional late charges computed at the Default Rate and shall be payable upon demand interest rate of ten percent (10%) per annum or, if lower, the maximum interest rate allowed by ▇▇▇▇▇▇law (the “Interest Rate”). If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and Landlord agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount payments due in respect of the Mortgage Loan is delinquent for more than from Landlord to Tenant that are not received by Tenant within thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine days after such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from payment becomes due shall bear interest at the Interest Rate until paid. Such interest shall begin to the Default Rate represents accrue as of such 30th day after such Rent payment became due. The parties agree that such late charges represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender cost that Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of any late charge by Landlord shall not cure or waive Tenant’s delinquent payment default nor prevent Landlord from exercising, before or after such acceptance, any of the rights and remedies for a default provided by this Lease or at law. Tenant shall be liable for late charges regardless of whether Tenant’s failure to pay the additional compensation Lender is entitled to receive for the increased risks Rent when due constitutes an Event of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Default under this Lease.

Appears in 2 contracts

Sources: Office Lease Agreement (Riverbed Technology, Inc.), Office Lease Agreement (Riverbed Technology, Inc.)

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day after Landlord's delivery of written notice that any Monthly Debt Service Payment sum has not been paid when due hereunder or any time thereafter) by Tenant to Landlord of Base Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses or other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant is not received by Lender Landlord within ten two (102) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after Landlord's delivery of written notice that such sum is otherwise due, Tenant shall promptly pay to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment Landlord all of the Mortgage Loan in fullfollowing, as applicable: (a) an additional sum equal to seven percent (7%) of such delinquent amount as a late charge for every month or any other Loan Document is portion thereof that such sums remain unpaid, and (b) the amount of fifty dollars ($50) relating to checks for which there are not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is duesufficient funds; provided, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇however, the Late Chargeforegoing late charges shall only be required to be paid by Tenant if Tenant has been late in making such payments more than three (3) times during the Term of this Lease. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable hereunder. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; parties agree that this late charge and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant's default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Appears in 2 contracts

Sources: Lease Agreement (Cisco Systems Inc), Lease Agreement (Cisco Systems Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall hear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).terminate this Lease,

Appears in 2 contracts

Sources: Lease Agreement, Lease (Gritstone Oncology, Inc.)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Lender Landlord or Landlord's designee within ten (10) 10 days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to 5% of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan remedies granted hereunder. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, IF TENANT IS DELINQUENT IN THE PAYMENT OF RENT AND IS SUBJECT TO A LATE CHARGE OR INTEREST FEE, LANDLORD AGREES TO WAIVE THE LATE CHARGE OR INTEREST FEE IF (taking into account all circumstances existing on the Effective Date)i) TENANT HAS NOT BEEN LATE IN ITS PAYMENT OF RENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE RENT DELINQUENCY IN QUESTION AND (ii) THE RENT DUE IS PAID WITHIN FIVE (5) DAYS OF LANDLORD'S WRITTEN NOTICE TO THE TENANT OF THE DELINQUENCY AMOUNT OWED.

Appears in 2 contracts

Sources: Lease (Harmonic Inc), Lease (Harmonic Inc)

Late Charges. If you fail to pay any Monthly Debt Service Payment payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located to KVH promptly and when due, KVH may require you to pay, in Mississippi or North Carolina addition to comply with the payment, interest thereon at a rate equal to the lesser of 1-1/2% per month and the maximum rate of interest allowable under applicable law) after , from the applicable Payment Dateoriginal due date until full payment has been made by you or on your behalf. LIMITED WARRANTY: KVH warrants that all Services provided under the Agreement shall be performed professionally, or in a workmanlike manner and by employees with appropriate skills and expertise. If you are dissatisfied at any amount payable under this Loan Agreement (other than point with the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason performance of any such late payment. Default Rate. Default interest KVH employee(s), you shall be paid as follows: If promptly (and in any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for event within thirty (30) days or morefollowing the completion of the Service in question) notify KVH in writing. Upon receipt of such notice, interest on such unpaid amount(s) KVH shall accrue from meet with you to discuss the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Dateproblem and, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lenderif applicable, any such amounts shall be payable by Borrower in the same manner as provided will arrange for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled performance to be compensated for such additional risks, costsraised to the warranted level, and expenses; for identifiable defects caused by prior substandard performance to be cured. This Section sets forth the sole and exclusive remedy if you believe the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risksServices are inadequate or defective. NO IMPLIED WARRANTIES: THE WARRANTIES GIVEN IN THESE TERMS ARE THE ONLY WARRANTIES GIVEN BY KVH WITH RESPECT TO THE SERVICES AND ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES, costsEXPRESS, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR EXCLUSIVE REMEDIES, AND KVH’S SOLE LIABILITY, FOR ANY DEFICIENCY OR DELAY IN THE SERVICES SHALL BE THOSE EXPRESSED HEREIN. LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL KVH’S LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR KVH’S PERFORMANCE OR ASSERTED FAILURE TO PERFORM HEREUNDER, IN CONTRACT, TORT (taking into account all circumstances existing on the Effective Date).INCLUDING NEGLIGENCE) OR OTHERWISE, INCLUDING LIABILITY FOR THE ACTION OR FAILURE TO ACT OF KVH’S EMPLOYEES OR AGENTS, EXCEED THE PURCHASE PRICE OF THE SERVICES TO WHICH SUCH LIABILITY RELATES. IN NO EVENT SHALL KVH BE LIABLE FOR SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL OR OTHER INDIRECT DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOSS OF USE, PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT KVH HAS BEEN

Appears in 2 contracts

Sources: Standard Terms and Conditions, Standard Terms and Conditions

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within five (5) days after the rent is due, Tenant shall pay to Landlord a late charge equal to five (5%) percent of such overdue amount, which late charge shall be due and payable on the same date that the overdue amount was due. The foregoing notwithstanding, Tenant shall be granted one exception per calendar year when Base Monthly Rent may be received by Landlord up to ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after notice to comply with applicable law) after Tenant that such Base Monthly Rent is past due before Tenant incurs the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge5% late charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J and calculated from the additional compensation Lender date thirty (30) days following the date such amount became due until the date such rent is entitled paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to receive such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the event that a late charge is payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the increased risks Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of nonpayment associated with a delinquency on this Lease to the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 2 contracts

Sources: Lease Termination and Settlement Agreement (Network Equipment Technologies Inc), Lease Agreement (Network Equipment Technologies Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located not paid when due shall bear interest from the date due until the date paid at the Default Rate in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due effect on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount payment was due. (b) In the event Tenant is duemore than five (5) business days late in paying any installment of Rent due under this Lease, inclusive Tenant shall pay Landlord a late charge equal to five percent (5%) of the date on delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such amount late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is due, Borrower shall pay to Lender, immediately without demand compensate Landlord for its inability to use the money improperly withheld by ▇▇▇▇▇▇, while the Late Charge. The Late Charge payment of late charges is payable to compensate Landlord for its additional administrative expenses in addition to, handling and not in lieu of, any processing delinquent payments. (c) Payment of interest payable at the Default Rate pursuant and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 2 contracts

Sources: Office/Laboratory Lease (Avista Public Acquisition Corp. II), Office/Laboratory Lease (Ligand Pharmaceuticals Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount written notice that rent is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 2 contracts

Sources: Lease Agreement (Data Domain, Inc.), Lease Agreement (Data Domain, Inc.)

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the second day of each month or any Monthly Debt Service Payment time thereafter) by Tenant to Landlord of Base Rent, Tenant's Share of Increased Operating Expenses, Increased Tax Expenses, Common Area Utility Costs, and Utility Expenses, Administrative Expenses or other sums due hereunder hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant is not received by Lender within Landlord when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any of such delinquent amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, plus interest on such unpaid amount(s) shall accrue from the date payment is due delinquent amount at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late charge for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy-five dollars ($75) for each three-day notice prepared for, or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If any Indebtedness due is Tenant delivers to Landlord a check for which there are not paid in full on the Maturity Datesufficient funds, then interest shall accrue Landlord may, at the Default Rate on all its sole option, require Tenant to replace such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent check with a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided cashier's check for the payment amount of Monthly Debt Service Paymentssuch check and all other charges payable hereunder. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time The parties agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; this late charge and the increase from the Interest Rate to the Default Rate represents other charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant's default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Appears in 2 contracts

Sources: Lease Agreement (Competitive Companies Inc), Lease Agreement (Third Enterprise Service Group Inc)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the due date such amount is duetherefor, inclusive of the date on which such amount is due, Borrower then Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant Landlord a late charge equal to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, five percent (5%) of the additional expenses Lender will incur overdue amount plus any reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay such amounts when due; provided, however, that Tenant shall not be required to pay a late charge for the first (1st) late payment in any consecutive twelve (12) month period to the extent Tenant pays the amount due within five (5) days after receipt of written notice from Landlord that Tenant failed to make such payment when due. The parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent such late payment by Tenant. The late charge shall be deemed Additional Rent and the additional compensation Lender is entitled right to receive require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days after the date they are due shall bear interest from the date when due until paid at an annual interest rate (the “Interest Rate”) equal to the lesser of (i) the annual “Bank Prime Loan” rate cited in the Federal Reserve Statistical Release Publication H.15(519), published weekly (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published), plus four (4) percentage points, and (ii) the highest rate permitted by Applicable Laws; provided, however, that Tenant shall not be required to pay interest for the increased risks first (1st) late payment in any consecutive twelve (12) month period to the extent Tenant pays the amount due within five (5) days after receipt of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)written notice from Landlord that Tenant failed to make such payment when due.

Appears in 2 contracts

Sources: Lease (Kardigan, Inc.), Lease (Kardigan, Inc.)

Late Charges. If Tenant fails to pay, when the same is due and payable, any Monthly Debt Service Payment Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due hereunder to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Lender within ten Landlord from Tenant by the fifth (105th) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) day after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount installment is due, inclusive Tenant shall immediately pay to Landlord, in addition to the installment due, a late charge equal to twelve percent (12%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the date on which such following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not fact paid in full by Tenant on or before the Maturity Date, then interest shall accrue at fifteenth (15th) day of the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, month in which any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 2 contracts

Sources: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any ground lease, mortgage or deed of trust covering the Premises. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) days after such amount shall be due (or fifteen that provided, however that Tenant shall be entitled to notice, prior to the commencement of such five (155) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Dateday period, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan first (1st) occasion in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date calendar year on which such Tenant falls to timely pay an amount is duedue hereunder), Borrower then, without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to ten percent (10%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge be Landlord shall in no event constitute a waiver of Tenant’s delinquent payment Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Rent, then notwithstanding Paragraph 4.1 or any other provision of this Lease to receive the contrary, Base Rent shall, at Landlord’s option, become due and payable quarterly in advance; provided, however, that if Tenant subsequently pays such quarterly Base Rent in a timely fashion for the increased risks of nonpayment associated with four (4) consecutive calendar quarters, Rent shall thereafter be payable on a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)monthly basis.

Appears in 2 contracts

Sources: Lease (Penumbra Inc), Lease Agreement (Penumbra Inc)

Late Charges. If any Monthly Debt Service Payment installment of rent or other sum due hereunder is from Tenant shall not be received by Lender Landlord or Landlord’s designee at the address stated in, and in accordance with, the Rent Payment Instructions attached as Exhibit H to this Lease, within ten five (105) business days after such amount shall be due, then, without any requirement for notice to Tenant, Tenant shall pay to Landlord a late charge equal to five percent (or fifteen (155%) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Dateof such overdue amount. Any postdated checks, two party checks, third party checks or any amount payable under this Loan Agreement (check from a party other than the Tenant named in this Lease will not be accepted and will be deemed late unless a check from Tenant is received within such five (5) day period. Tenant acknowledges that late payment by Tenant to Landlord of rent and other sums due on hereunder will cause Landlord to incur costs not contemplated by this Lease, the Maturity Date exact amount of which will be extremely difficult to ascertain. Notwithstanding the foregoing, Tenant shall not be obligated to pay such late charge for repayment of the Mortgage Loan first such late payment in fullany twelve (12) or any other Loan Document month period, provided that such payment is not received by Lender made within ten three (103) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date notice from Landlord that such amount is was not paid when due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any Parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment Default or Breach with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In addition to the late charge, in the event (i) any check is returned for insufficient funds, (ii) Landlord receives a check for an installment of rent at an address other than the address set forth in the Rent Payment Instructions attached as Exhibit H to this Lease, or (iii) Landlord receives a postdated check, a two party check, a third party check or any check for Rent from a party other than the Tenant named in this Lease, Tenant shall pay to Landlord, as additional compensation Lender rent, the sum of $50.00. In the event that more than one (1) check of Tenant is entitled returned for insufficient funds in any twelve (12) month period, Landlord shall have the right to receive for require that any or all subsequent payments by Tenant to Landlord be in the increased risks form of nonpayment associated with a delinquency cashier’s or certified check drawn on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)an institution acceptable to Landlord, notwithstanding any prior practice of accepting payments in any different form.

Appears in 2 contracts

Sources: Standard Form Industrial Net Lease (Cue Health Inc.), Standard Form Industrial Net Lease (Cue Health Inc.)

Late Charges. If Tenant fails to pay, when the same is due and payable, any Monthly Debt Service Payment Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due hereunder to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Lender within ten Landlord from Tenant by the fifth (105th) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) day after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount installment is due, inclusive Tenant shall immediately pay to Landlord, in addition to the installment due, a late charge equal to twelve percent (12%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease. Landlord shall apply payments made by Tenant fast to accrued charges, interest and rent in the date on which such following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not fact paid in full by Tenant on or before the Maturity Date, then interest shall accrue at fifteenth (15th) day of the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, month in which any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 2 contracts

Sources: Office Lease (Smartsheet Inc), Office Lease (Smartsheet Inc)

Late Charges. If Any rent payment not made by the fifth day of the month shall be considered overdue and in addition to Sublessor's other remedies, Sublessor may levy a late payment charge equal to five percent (5%) per month on any Monthly Debt Service Payment due hereunder is not received overdue amount. Rent Payments and Security Deposit Prior to taking possession of the Premises, Sublessee shall pay first month's rent, the last two months' rent, and a two month security deposit in the amount of $125,000.00 (One Hundred and Twenty Five Thousand Dollars) for the full and faithful performance by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina the Sublessee of all the terms of this Commercial Sublease. The security deposit will be refunded to comply with applicable law) Sublessee after the applicable Payment Dateexpiration of this sublease, or any amount payable provided the Sublessee has fully and faithfully carried out all of its obligations under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeAgreement. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest Master Lease's rent shall be paid directly to Landlord and the difference between the Sublease and the Master Lease will be paid directly to Sublessor. Sublessor agrees to notify Sublessee in writing on any notices received by Sublessor from landlord, including but not limited to a breach of Master Lease. Sublessor agrees that Sublessee has the right to cure said breach, and offset the cost of said cure from payments due Sublessor. Utilities Sublessee shall pay directly for all utilities, services and charges provided to the premises, including any and all deposits required. Parking Space Sublessee is assigned parking as follows: all on Property Use. If consistent with City of Denver zoning requirements, Sublessee shall use the premises for licensed medical/retail marijuana growing, medical/retail processing (MIPS) and medical/retail center purposes only, and for no other purpose without Sublessor's prior written consent. Notwithstanding the forgoing, Sublessee shall not use the Premises for the purposes of storing, manufacturing or selling any amount due explosives, flammables or other inherently dangerous substance, chemical, thing or device. Quiet Enjoyment Sublessor covenants and warrants that upon performance by Sublessee of its obligations hereunder, Sublessor will keep and maintain Lessee in respect exclusive, quiet, peaceable and undisturbed and uninterrupted possession of the Mortgage Loan (Premises during the term of this sublease. Repairs Sublessee shall at its own expenses make all necessary repairs to the Premises. Such repairs shall include routine repairs of floors, walls, ceilings, and other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect parts of the Mortgage Loan on Premises damaged or worn through normal occupancy, except for major mechanical systems or the Maturity Dateroof, or during subject to the time that any amount due in respect obligations of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk parties otherwise set forth in this Sublease. Termination Upon the expiration or earlier termination of nonpayment of this Agreement, Sublessee shall return the Mortgage Loan will be materially increased; Lender’s ability Premises to meet its other obligations Sublessor in good repair, condition and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs working order, ordinary wear and expenses arising tear resulting from its loss of the proper use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)thereof alone excepted.

Appears in 1 contract

Sources: Commercial Sublease Agreement (Diego Pellicer Worldwide, Inc)

Late Charges. If Lessee shall fail to pay any installment of rent, including Monthly Debt Service Payment due hereunder is Rent, additional rent or other charges to be paid by Lessee pursuant to this Lease and Lessee shall not received by Lender have cured such failure within ten five (105) days after written notice from Lessor, Lessee shall be obligated to pay a late charge equal to five percent (5%) of any rent or other charge not so paid when due. In addition, any installments of Monthly Rent, additional rent or other charges to be paid by Lessee pursuant to this Lease which are not paid by Lessee within five (5) days after receipt of notice from Lessor that the same is due and payable shall bear interest at a rate equal to two (2) percentage points above the then applicable Wall Street Journal Prime Rate (U.S. money center commercial banks) or its successor (or fifteen (15) days for any Mortgaged Property located in Mississippi the absence thereof such similar rate reasonably 39 44 CARR ▇▇▇L ESTATE SERVICES -------------------------------------------------------------------------------- designated by Lessor), accruing from the date such installment or North Carolina payment became due and payable to comply the date of payment thereof by Lessee. Such interest shall constitute additional rent due and payable to Lessor by Lessee upon the date of payment of the delinquent payment referenced above. The foregoing late charges and interest shall not be payable with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement respect to a charge (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is dueMonthly Rent, inclusive of the date on which such amount is dueEstimated Payments, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition toLessee's Net Obligation, and not in lieu of, any interest payable at the Default Rate payments of damages pursuant to Section 2.02(d)29 hereof) that Lessee is disputing reasonably and in good faith. ▇▇▇▇▇▇▇▇ acknowledges The foregoing notwithstanding, once Lessor has given written notice of an overdue payment pursuant to this Section of this Lease on one (1) occasion in any calendar year, then for the remainder of such calendar year the giving of such notice shall not be a condition to Lessor's assessment of a late charge or interest as aforesaid, and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing such interest and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest charge shall be paid as follows: If due and payable on any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on subsequent occasion during such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due calendar year when rent is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in within five (5) days after the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges becomes due and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)payable.

Appears in 1 contract

Sources: Office Lease (Charles River Associates Inc)

Late Charges. (a) If Tenant shall default in the performance of any Monthly Debt Service Payment due hereunder of Tenant’s obligations under this Lease, Landlord, without thereby waiving such default, may (but shall not be obligated to) perform the same for the account and at the expense of Tenant, (1) without notice, in the case where the Term has ended, (2) after oral notice as is reasonable under the circumstances in the case of an emergency, and (3) in any other case, only if such default continues after the expiration of (i) five (5) Business Days from the date Tenant receives notice of Landlord’s intention so to do, or (ii) the applicable grace period provided in in this Lease for cure of such default, whichever occurs later. To the extent Landlord performs any such obligation for the account of Tenant, Tenant shall not received by Lender be deemed in default of the underlying obligation, but Tenant shall remain obligated and liable to Landlord for the cost of such performance, as provided in this Article. (b) If Tenant shall fail to pay in full any Base Rent or Additional Rent within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) Business Days after the applicable Payment Date, or any amount payable same is due under this Loan Agreement Lease (other than without taking into account any cure period that may be applicable thereto), then Tenant shall promptly pay to Landlord as Additional Rent, a late charge equal to three percent (3%) percent of amount of the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document that is not received by Lender paid when so first due (the “Late Charge”). In addition, if Tenant shall fail to pay in full any Base Rent or Additional Rent within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) Business Days after the date such amount same is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately due under this Lease (without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account any cure period that may be applicable thereto), such payments shall accrue interest at the Interest Rate until paid in full. Nothing herein contained shall be intended to violate any applicable Requirement and in all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any instances all such late payment. Default Rate. Default charges and rates of interest shall be paid as follows: automatically reduced to any maximum applicable legal charge or rate. The provisions of this Section are in addition to all other rights and remedies available to Landlord for nonpayment of Base Rent or Additional Rent. (c) If Tenant shall make any amount payments due in respect under this Lease by check, and such check shall be returned for insufficient funds or uncollected funds, or the account being closed, then Landlord shall not be obligated to accept any payment from or on behalf of Tenant other than by unendorsed certified check or official bank check. If payment made by Tenant to Landlord shall be returned for any of the Mortgage Loan (other than amounts due on above reasons, then the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and in question shall be payable upon demand deemed not to have been made by ▇▇▇▇▇▇. If any Indebtedness due is not paid Tenant, and, in full on the Maturity Dateaddition to all of Landlord’s other rights and remedies under this Lease, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid including under subsection (b) above and Article 25 hereof, there shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts an additional charge to Tenant of two hundred fifty dollars ($250.00) which shall be immediately due and payable by Borrower in Tenant upon the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect giving of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability demand to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Tenant.

Appears in 1 contract

Sources: Lease Agreement (Yelp Inc)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received Tenant hereby acknowledges that late payment by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina Tenant to comply with applicable law) after the applicable Payment DateLandlord of Base Rent, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by T▇▇▇▇▇'s Share of Operating Expense or Real Property Tax increases, after hours HVAC charges, or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the Late Chargeexact amount of which will be extremely difficult to ascertain. The Late Charge is payable in addition Such costs include, but are not limited to, processing and not in lieu ofaccounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed encumbering the Project. Accordingly, if any interest payable at the Default Rate pursuant to Section 2.02(d). installment of Base Rent, T▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate's Share of Operating Expense or Real Property Tax increases, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower after hours HVAC charges or any other Person is vested with sum due from Tenant shall not be received by Landlord when such amount shall be due, then, without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Landlord a right late charge equal to five percent (5%) of redemption, interest such overdue amount. The foregoing late charge shall continue not apply to accrue at the Default Rate during any redemption first late payment in each consecutive 12 month period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on Term so long as Tenant cures the Maturity Datedefault within 3 business days following the date of Landlord’s written notice, or during the it being agreed that in no event shall Landlord be required to deliver Tenant written notice of any delinquency more than one time that any amount due in respect each consecutive 12 month period of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine Term. The parties hereby agree that such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate late charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of late payment by T▇▇▇▇▇▇▇▇’s delinquent payment . Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder including the additional compensation Lender is entitled to receive for the increased risks assessment of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)interest under Section 13.5.

Appears in 1 contract

Sources: Office Lease (Auxilio Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent, Additional Rent and other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender within ten (10) days (this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, accounting charges and late payment fees which may be imposed on Landlord by the terms of any mortgage or fifteen (15) days for trust deed covering the Premises. Accordingly, if any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Dateinstallment of Base Monthly Rent, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) Additional Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord's designee within ten Four (104) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord as Additional Rent a late charge equal to ten percent (10%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payments by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In no event shall this provision for a late charge be deemed to grant to Tenant a grace period or extension of time within which to pay any installment of Base Monthly Rent or Additional Rent or prevent Landlord from exercising any right or remedy available to Landlord upon Tenant's failure to make such payment and when due. In the additional compensation Lender event any payment of Base Monthly Rent or Additional Rent is entitled to receive not received by Landlord by the thirtieth (30th) day after the due date for such payment or installment, such payment or installment shall bear interest at the increased risks of nonpayment associated with a delinquency Permitted Rate, as defined in Paragraph 20.17 below, commencing on the Mortgage Loan thirty-first (taking into account all circumstances existing on 31st) day after the Effective Date)due date for such payment or installment and continuing until the same is paid.

Appears in 1 contract

Sources: Lease Agreement (Intest Corp)

Late Charges. If Tenant fails to pay, when the same is due and payable, any Monthly Debt Service Payment Minimum Rent or Percentage Rent or Additional Rent, or the Other Charges described herein, such unpaid amounts shall bear interest at Default Rate on the first day of each month, commencing on the date due hereunder to the date of payment. In addition to such interest, Tenant acknowledges that either the late reporting of gross sales or late payment by Tenant of any monthly installment of Minimum Rent, Percentage Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any gross sales or any installment of Minimum Rent, Percentage Rent or Other Charges is not received by Lender Landlord from Tenant within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after Landlord has given written notice of such delinquency to comply with applicable law) after the applicable Payment DateTenant, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower Tenant shall immediately pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge of Two Hundred and No/100 Dollars ($200.00) for each delinquency. The Late Charge is payable in addition to, Landlord and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge Tenant agree that this late charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, estimate of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from and is fair compensation to Landlord for its loss suffered by such nonpayment by Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s default with respect to such nonpayment by Tenant nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the use of the amounts due; it is extremely difficult following order: Late Charges, interest, Minimum Rent, Percentage Rent, Other Charges and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expensesAdditional Rent; and the increase from the Interest Rate any balance remaining to the Default Rate represents a fair current Minimum Rent, Percentage Rent, Other Charges and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Additional Rent.

Appears in 1 contract

Sources: Lease Agreement (J Crew Operating Corp)

Late Charges. If Tenant's failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any Monthly Debt Service Payment ground lease or deed of trust encumbering the Demised Premises. Payments due hereunder to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received by Lender within ten on or before five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement due date (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower merely deposited in the same manner as provided for the payment of Monthly Debt Service Payments. To mail), Landlord may, at Landlord's option and to the extent permitted allowed by applicable law, interest shall also accrue at the Default Rate impose a Late Charge on any judgment obtained by ▇▇▇▇▇▇ against Borrower late payments in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right an amount equal to one-half of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect one percent (.5%) of the Mortgage Loan amount of the past due payment (the "Late Charge") per day for each day after the due date, until the past due amount in Good Funds is received by Landlord, up to a maximum of ten percent (10%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord's other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay to the Maturity Dateparty receiving payments under this Lease a fee of twenty-five dollars ($25.00), or during the time plus (at Landlord's option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations Late Charge and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents dishonored check fee represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent the late payment or dishonored check. Payments received from Tenant shall be applied first to any Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the additional compensation Lender is entitled foregoing, Landlord will not impose a Late Charge as to receive for the increased risks first late payment in any calendar year, unless Tenant fails to pay the late payment to Landlord within three (3) business days after the delivery of nonpayment associated with a delinquency written notice from Landlord to Tenant demanding the late payment be paid. However, Landlord may impose a Late Charge without advance notice to Tenant on any subsequent late payment in the Mortgage Loan (taking into account all circumstances existing on the Effective Date)same calendar year.

Appears in 1 contract

Sources: Commercial Lease Agreement (Ace Hardware Corp)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of rent or any other sum due form Tenant shall not be received by Lender Landlord or Landlord's designee within ten Ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is payment was due, Borrower Tenant shall pay to LenderLandlord a late change equal to Five percent (5%) of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount question was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord form exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks contrary. In the event of nonpayment associated with a delinquency on natural disaster affecting the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Premises this paragraph 6. does not apply.

Appears in 1 contract

Sources: Lease Agreement (Integrated Telecom Express Inc/ Ca)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure I fail to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such payment when due you may charge a late payment. Default Rate. Default interest shall be paid charge as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower set out in the same manner as provided for the payment of Monthly Debt Service PaymentsFederal Truth in Lending Disclosure. To the extent permitted Unless otherwise required by applicable law, for purposes of determining whether a late charge is due with regard to a current installment due you will apply any payments you receive to the oldest maturing installment due in the manner provided above. Any late charge will be in addition~ to and not in place of accrued interest under this Promissory Note. EVENTS of DEFAULT. I will be in default under this Promissory Note if I fail to make any payment when due. regardless Of how such amount may have become due, or if I fail to payor perform 8Dy other obligation, liability or indebtedness to NationsBank, or if any covenant agreement or condition herein is not fully and timely performed, observed or kept; or if any bankruptcy or insolvency proceeding is instituted ~ or against me, or if any tax lien, levy or garnishment is levied against me; or if you in good faith believe that the prospect of repayment or performance under any agreement I may have with you is impaired; or if you reasonably deem yourself insecure for any reason; or if you determine that any representation made to you is. or was, materially untrue or misleading; or if any Borrower shall also accrue at die, or. if any Borrower is a corporation. partnership, limited liability company, association or other duly organized business entity, if such Borrower shall be dissolved. liquidated, terminated or otherwise fail to maintain good standing in its state of organization; or if any event of default exists or occurs under any security agreement or other document evidencing a lien against any Collateral; or if any of the Default Rate on events described in this section with respect to any judgment obtained guarantor of this Promissory Note. If this Promissory Note is secured by ▇▇▇▇▇▇ improved real property and any part or all of the Collateral is sold transferred, conveyed or all Signed(including to a spouse, to a trust (living. revocable or otherwise). through probate or as a gift) without your prior; written consent, I will be in default of this Promissory Note. A default by me any of us (if this is a joint loan) will be a default by all of us. You may collect from or bring legal action against Borrower in connection with the Mortgage Loan. To the extent Borrower or any of us (if this is a joint loan) without giving up any of your rights against any other Person person. A court decree for divorce or separation o~ a non-court approved mutual agreement does not affect. eliminate or reduce any Borrower's liability for the Outstanding Balance since NationsBank is vested with not a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate party to the Default Rate represents a fair and reasonable estimate of decree or to the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)agreement.

Appears in 1 contract

Sources: Promissory Note (Diamond Powersports Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Maxygen Inc)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within five (5) business days following Tenant’s receipt of notice that said amount is past due, then Tenant shall pay to Landlord a late charge equal to the greater of (i) five percent (5%) of the overdue amount (ii) two Hundred Fifty Dollars ($250.00), plus any actual and reasonable attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any following Tenant’s receipt of notice that said amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains are past due for thirty (30) days or more, shall bear interest on such unpaid amount(s) shall accrue from the date payment is when due until paid at a rate per annum equal to the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid lesser of (i) the annual “Bank Prime Loan” rate cited in full the Federal Reserve Statistical Release Publication H.15(519), published on the Maturity Datefirst Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, then interest shall accrue at and (ii) the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent highest rate permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Office Lease (Obagi Medical Products, Inc.)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇Lender, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇Lender. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ Lender against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Multifamily Loan and Security Agreement

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor if not otherwise set forth in this Lease. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. 68 (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Sublease (Dynavax Technologies Corp)

Late Charges. If any Monthly Debt Service Payment TENANT hereby acknowledges that late payment by TENANT to LANDLORD of rent and other sums due hereunder is will cause LANDLORD to incur costs not contemplated by this Lease, the exact amount of which will be impractical or extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on LANDLORD by the terms of the trust deed encumbering the Premises. Accordingly, if any installment of rent or any other sum due from TENANT shall not be received by Lender LANDLORD within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is due, Borrower TENANT shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLANDLORD a late charge equal to 10% of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs LANDLORD will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment late payment. TENANT acknowledges that the aforesaid amount of 10% is not a penalty, but is an amount that is acknowledged by the parties as the amount representing the liquidated damages that LANDLORD will suffer as a result of the late payment, taking into consideration all facts and circumstances known to the additional compensation Lender parties at this time and represents a fair and reasonable estimate of the costs the LANDLORD will incur by reason of the late payment. The parties further agree that proof of actual damage would be costly or inconvenient. The late charge shall be considered Additional Rent as defined in Paragraph 4 of this Lease, and shall be in addition to all of LANDLORD's other rights and remedies hereunder or at law. In addition to the late charge described herein, any Monthly Basic Rent, or other amounts owed by TENANT to LANDLORD which are not paid on or before the date they are due, shall thereafter bear interest until paid in full at a rate equal to twelve percent (12%) per annum, provided that in no event shall such rate exceed the highest rate permitted by applicable law. The Late Charge and interest payable hereunder shall be considered Rent. If TENANT's check is entitled returned by the bank, in addition to receive the late charge of 10% as specified above, TENANT shall also pay to LANDLORD the charge made by the bank for the increased risks returned check and LANDLORD's return check charge of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).$15.00 per check returned. LANDLORD: /S/ RE TENANT: /S/ MY ------ ------

Appears in 1 contract

Sources: Office Building Lease (TMSF Holdings Inc)

Late Charges. If Tenant fails to pay, when the same is due and payable, any Monthly Debt Service Payment Rent, Additional Rent or Other Charges, such unpaid amounts shall bear interest at the rate of two percent (2%) per month from the date due hereunder to the date of payment, unless such amount would violate any applicable usury law, in which event such unpaid amounts shall bear interest at the highest rate then allowed by law. In addition to such interest, Tenant acknowledges that the late payment by Tenant of any installment of Rent, Additional Rent or Other Charges will cause Landlord to incur certain costs and expenses not contemplated under this Lease, the exact amount of such costs being extremely difficult or impractical to fix. Such costs and expenses will include, without limitation, administrative and collection costs, and processing and accounting expenses. Therefore, if any Rent, Additional Rent or Other Charge installment is not received by Lender within ten Landlord from Tenant by the fifth (105th) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) day after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount installment is due, inclusive of the date on which such amount is due, Borrower Tenant shall immediately pay to LenderLandlord, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇▇▇.▇▇▇ NNN Lease 12 addition to the installment due, a late charge equal to twelve percent (12%) of such installment. Landlord and Tenant agree that this late charge represents a reasonable estimate of such costs and expenses and is fair compensation to Landlord for its loss and expense suffered by such nonpayment by Tenant. Acceptance of this late charge shall not constitute a waiver of Tenant’s delinquent default with respect to such nonpayment by Tenant nor prevent Landlord from exercising all other rights and remedies available to Landlord under this Lease. Landlord shall apply payments made by Tenant first to accrued charges, interest and rent in the following order: (a) Late Charges; (b) interest; (c) Rent; Other Charges and Additional Rent; and (d) any balance remaining to current Rent, Other Charges, and Additional Rent. Notwithstanding anything in this Section 7 to the contrary, provided Tenant pays all sums due hereunder by electronic funds transfer, Landlord shall waive the first (1st) late charge that may be incurred by Tenant during any twelve (12) month period during the Lease Term, provided the unpaid amount is in fact paid in full by Tenant on or before the fifteenth (15th) day of the month in which any such payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)due.

Appears in 1 contract

Sources: Office Lease (Smartsheet Inc)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment All rents and charges are due on the Maturity Date first of each month without notice. On the eleventh day, any rents due and unpaid shall be considered late and there will be a late charge assessed for repayment late payment of rents, said charge to be twenty five ($25.00) per month or five percent (5%) of the Mortgage Loan in full) or any other Loan Document monthly rent, which ever is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Chargegreater. The Late Charge is payable in addition to, late charges assessed will be due and not in lieu of, any interest payable at the Default Rate pursuant time the regular rent is remitted. In the event all rent due, including late charges, remains unpaid for a period of 31 consecutive days, Lessor shall have the option of extending the delinquent period or giving notice to Section 2.02(d)the Lessee to vacate premises. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure In the event the Lessor shall decide to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest extend said delinquent period said extension shall be paid as follows: If in writing and delivered to Lessee. Failure to receive said extension notice shall be deemed automatic notice of Lessor’s intent to have Lessee vacate premises occupied under this Lease and no additional notice shall be deemed necessary. In the event Lessee shall have, in the opinion of Lessor, vacated the leased premises without paying all rents and charges due, including but not limited to any amount and all charged due until expiration of said Lease the Lessor may then enter the premises after the said period of 31 days and either change the existing lock or remove the former Lessee’s belongings and hold them for value against unpaid rent and charges due under this Lease. In addition, the Lessor shall have the duty to notify the former occupant in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due writing at the Default Rate Lessee’s last known address, that such belongings are being held and will be offered for sale after 30 days and that any proceeds therefrom shall be payable upon demand by ▇▇▇▇▇▇used to reduce any rents and charges due. If any Indebtedness due is not paid in full on In the Maturity Date, then interest shall accrue at the Default Rate on all event that after such unpaid amounts from the Maturity Date until fully paid sale and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided after deducting for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower related expenses in connection with said sale, there exist, excess funds over the Mortgage Loanamounts due regarding said lease, any excess funds shall be held for Lessee in escrow and said Lessee notified that such funds are available. To In the extent Borrower or event proceeds are insufficient to cover amounts due under this Lease, Lessor reserves the right to proceed under law, to collect any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during additional amounts due including any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and all expense in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)procedures under law.

Appears in 1 contract

Sources: Lease Agreement (Healthessentials Solutions Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount rent is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without which late charge shall be due and payable within five (5) days after written demand by ▇▇▇▇▇▇, the Late Charge("Demand"). The Late Charge is foregoing notwithstanding, if Landlord issues more than three (3) Demands during any 24-month period of the Lease, then Landlord shall no longer be obligated to issue Demands and a late charge shall be thereafter due and payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the same date hereof, of that the additional expenses Lender will incur by reason of any overdue amount was due. The parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant, excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 19.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant's default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 1 contract

Sources: Sublease (Webex Inc)

Late Charges. If any Monthly Debt Service Payment Tenant acknowledges that late payment by Tenant to ------------ Landlord of rent or other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender this lease, including without limitation processing and accounting charges, administrative expense, and additional interest expense or late charges to Landlord resulting from late payment by Landlord of payments due on obligations of Landlord, whether or not secured by an encumbrance on the premises. Tenant acknowledges that the exact amount of such damages would be extremely difficult and impractical to ascertain, and that the expense of attempting to ascertain the exact amount of such damages would be an additional cost not contemplated by this lease. Accordingly, in the event that Tenant shall fail to pay any installment of rent or any sum due hereunder within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment later of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is duedue or the effective date of any notice required to be given by Landlord in connection therewith, inclusive of the date on which such amount is dueand without regard to whether Landlord exercises any remedy herein provided for default by Tenant, Borrower Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, Landlord as additional rent a late charge equal to four percent (4%) of each such installment or other sum. Landlord and Tenant agree that the Late Charge. The Late Charge late charge herein provided is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, estimate of the additional expenses Lender will damages which Landlord shall incur by reason of late payment by Tenant. Landlord's acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount if Tenant fails to pay such late payment. Default Rate. Default interest amount within any applicable grace period provided in this lease, nor shall be paid as follows: If such acceptance prevent Landlord from exercising any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days rights or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as remedies herein provided for the payment of Monthly Debt Service Payments. To the extent permitted default by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Tenant.

Appears in 1 contract

Sources: Sublease Agreement (E Stamp Corp)

Late Charges. If Tenant’s failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by any Monthly Debt Service Payment ground lease or deed of trust encumbering the Demised Premises. Payments due hereunder to Landlord under this Lease are not an extension of credit. Therefore, if any payment under the Lease is not actually received by Lender within ten on or before the due date (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower merely deposited in the same manner as provided for the payment of Monthly Debt Service Payments. To mail), Landlord may, at Landlord’s option and to the extent permitted allowed by applicable law, interest shall also accrue at the Default Rate impose a Late Charge of $50.00 plus on any judgment obtained by ▇▇▇▇▇▇ against Borrower late payments in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue an amount equal to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect 0.5% of the Mortgage Loan amount of the past due payment (the “Late Charge”) per day for each day after the due date, until the past due amount in Good Funds is received by Landlord, up to a maximum of seventeen percent (17%) of the past due amount. A Late Charge may be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of rent. If any check tendered to Landlord by Tenant under this Lease is dishonored for any reason, Tenant shall pay to the Maturity Dateparty receiving payments under this Lease a fee of one hundred dollars ($100.00), or during the time plus (at Landlord’s option) a Late Charge as provided above until good funds are received by Landlord. The parties agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations Late Charge and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents dishonored check fee represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent the late payment or dishonored check. Payments received from Tenant shall be applied first to any Late Charges, second to Base Rent, and last to other unpaid charges or reimbursements due to Landlord. Notwithstanding the additional compensation Lender is entitled foregoing, Landlord will not impose a Late Charge as to receive for the increased risks first late payment in any calendar year, unless Tenant fails to pay the late payment to Landlord within three (3) business days after the delivery of nonpayment associated with a delinquency written notice from Landlord to Tenant demanding the late payment be paid. However, Landlord may impose a Late Charge without advance notice to Tenant on any subsequent late payment in the Mortgage Loan (taking into account all circumstances existing on the Effective Date)same calendar year.

Appears in 1 contract

Sources: Commercial Lease Agreement (Oryon Technologies, Inc.)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date written notice from Landlord that such amount is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to Lender, immediately without demand Landlord a late charge equal to five (5%) percent of such overdue amount which shall be due and payable with the payment then delinquent. Landlord agrees to waive said late charge in the event the Base Monthly Rent or other sum due is received within five (5) days after receipt by ▇▇▇▇▇▇, the Late ChargeTenant of Landlord’s notice to quit or pay rent. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 1 contract

Sources: Lease Agreement (Xenoport Inc)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or Additional Rent due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing, administration and accounting charges and late charges which may be imposed on Landlord by the terms of any encumbrance covering the Premises. Accordingly, if any installment of Rent or any other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten (10) business days after receipt of a Notice from Landlord that such amount was not paid when said amount is due, then Tenant shall pay to Landlord a late charge equal to the greater of (i) five percent (5%) of the overdue amount, or (ii) Two Hundred Fifty Dollars ($250.00) plus any attorneys’ fees incurred by Landlord by reason of Tenant’s failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower they are due shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any bear interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is when due until paid at a rate per annum equal to the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid lesser of (i) the annual “Bank Prime Loan” rate cited in full the Federal Reserve Statistical Release Publication G.13(415), published on the Maturity Datefirst Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus two (2) percentage points, then interest shall accrue at and (ii) the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent highest rate permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Office Lease (Internet Brands, Inc.)

Late Charges. If Any and all sums of charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the fifteenth day of each month or any Monthly Debt Service Payment time thereafter) by Tenant to Landlord of Base Rent, Tenant's Share of Operating Expenses, Tax Expenses, Common Area Utility Costs, and Utility Expenses, Administrative Expenses, or the other sums due hereunder hereunder, will cause Landlord to incur cost not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such cost include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina Landlord when due, Tenant shall promptly pay to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment Landlord all of the Mortgage Loan in fullfollowing, as applicable: (a) or any other Loan Document is not received by Lender within ten an additional sum equal to five percent (105%) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such delinquent amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, plus interest on such unpaid amount(s) shall accrue from the date payment is due delinquent amount at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇rate equal to the prime rate plus three percent (3%) for the time period such payments are delinquent as a late charge for every month or portion thereof that such sums remain unpaid, (b) the amount of seventy five dollars ($75) for each three-day notice prepared for or served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If any Indebtedness due is Tenants delivers to Landlord a check for which there are not paid in full on the Maturity Datesufficient funds, then interest shall accrue Landlord may, at the Default Rate on all its sole option, require Tenant to replace such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent check with a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided cashier' s check for the payment amount of Monthly Debt Service Paymentssuch check and all other charges payable hereunder. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time The parties agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; this late charge and the increase from the Interest Rate to the Default Rate represents other charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant's default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Appears in 1 contract

Sources: Lease Agreement (Infiniti Solutions LTD)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, administrative, processing, accounting charges, and late charges, which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or any other sum due from Tenant shall not be received by Lender Landlord or Landlord's designee when due, Tenant shall pay to Landlord a late charge equal to five (5%) percent of such overdue amount which shall be due and payable with the payment then delinquent. Landlord agrees to waive said late charge in the event the Base Monthly Rent or other sum due is received within ten (10) days (after receipt by Tenant of Landlord's notice to quit or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Chargerent. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled to receive payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then Landlord shall notify Tenant in writing that for the increased risks balance of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on Lease Term, rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to the Effective Date)contrary.

Appears in 1 contract

Sources: Lease Agreement (Visx Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇L▇▇▇▇▇▇▇’s written demand therefor. All such amounts (including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by T▇▇▇▇▇, while the payment of late charges is to compensate Landlord for its additional compensation Lender is entitled administrative expenses in handling and processing delinquent payments. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to receive for Landlord upon Tenant’s failure to pay Rent when due, including the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)right to terminate this Lease.

Appears in 1 contract

Sources: Office/Laboratory Lease (CytomX Therapeutics, Inc.)

Late Charges. If Tenant’s failure to promptly pay sums due under this Lease may cause Landlord to incur unanticipated costs. The exact amount of those costs is impractical or extremely difficult to ascertain. The costs may include, but are not limited to, processing and accounting charges and late charges that may be imposed on Landlord by any Monthly Debt Service Payment ground lease or deed of trust, mortgage or other equivalent consensual security interest encumbering the Premises. Payments due hereunder to Landlord under this Lease are not an extension or credit. Therefore, if any payment under this Lease is not actually received by Lender within on or before the due date (and not merely deposited in the mail), Tenant shall pay as Additional Rent a Late Charge on any late payments in an amount equal to five percent (5%) of the amount of the past due payments (the “Late Charge”) after the payment is more than ten (10) days (or fifteen (15) days past due. A Late Charge shall be imposed only once on each past due payment. Any Late Charge will be in addition to Landlord’s other remedies for nonpayment of Rent. Additionally, if any check tendered by Tenant under this Lease is dishonored for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datereason, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a dishonored check fee of Thirty Dollars ($30.00 USD), immediately without demand plus (at Landlord’s option) a Late Charge as provided above until Good Funds (defined below) are received by ▇▇▇▇▇▇, the Late ChargeLandlord. The parties agree that any Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents dishonored check fee represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent the late payment or dishonored check. If there are any Late Charges, dishonored check fees, installments of Base Rent, and other unpaid charges or reimbursements due to Landlord, then Landlord may apply any payments received from Tenant to any amounts due in any order Landlord may choose. Payment of the additional compensation Lender is entitled Late Charge shall not be construed to receive extend the date for payment of any sums required to be paid by Tenant hereunder or to relieve Tenant of its obligation to pay all such sums at the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)times herein stipulated.

Appears in 1 contract

Sources: Commercial Lease Agreement (Nutex Health, Inc.)

Late Charges. If Any and all sums or charges set forth in this Section 10 are considered part of Additional Rent. Tenant acknowledges that late payment by Tenant to Landlord of Rent and all other sums due hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any Monthly Debt Service Payment note secured by any encumbrance against the Premises, and late charges and penalties due hereunder to the late payment of real property taxes on the Premises. Therefore, if any installment of Base Rent or estimated monthly charges for Operating Expenses is not paid when due or if any other sum payable by Tenant is not received by Lender within ten (10) days (Landlord on or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing before 5:00 p.m. Pacific Time on the date hereofwhen due, Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an, amount equal to ten percent (10%) of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any delinquent amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, plus interest on such delinquent amount at a rate equal to the prime rate (as published in the Wall Street Journal money rates section ) plus three percent (3%) per annum ("Default Interest Rate") for every month or portion thereof that such sums remain unpaid amount(s) shall accrue from (excluding the date first event of Tenant's late payment is due at the Default Rate and of Rent, in which case no late charges shall be payable upon demand by ▇▇▇▇▇▇incurred). If any Indebtedness due is not paid in full on Notwithstanding the Maturity Dateforegoing, then interest shall accrue at Landlord waives the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided late charge for the payment first (1st) instance during the Term of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower this Lease in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure which Tenant fails to timely pay Rent. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may require Tenant to replace such check with a cashier's check for the amount of such check and all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time other charges payable hereunder. The parties agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; this late charge and the increase from the Interest Rate to the Default Rate represents other charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s such late payment by Tenant, excluding attorneys' fees and costs. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant's default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord's sole option, can either require the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Rent be paid quarterly in advance or be paid monthly in advance by cashier's check or by electronic funds transfer.

Appears in 1 contract

Sources: Lease Agreement (Cell Genesys Inc)

Late Charges. If any Rider 2 - 41 (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord's demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant's failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Exact Sciences Corp)

Late Charges. If the Lessee should fail to pay any Monthly Debt Service Payment amount required to be paid by the Lessee under this Agreement when due hereunder to the Port Authority, including without limitation any payment of rental or any payment of utility or other charges or if any such amount is found to be due as the result of an audit, then, in such event, the Port Authority may impose (by statement, ▇▇▇▇ or otherwise) a late charge with respect to each such unpaid amount for each late charge period (hereinbelow described) during the entirety of which such amount remains unpaid, each such late charge not received by Lender within ten (10) days (or to exceed an amount equal to eight tenths of one percent of such unpaid amount for each late charge period. There shall be twenty-four late charge periods on a calendar year basis; each late charge period shall be for a period of at least fifteen (15) calendar days except one late charge period each calendar year may be for any Mortgaged Property located a period of less than fifteen (but not less than thirteen) calendar days. Without limiting the generality of the foregoing, late charge periods in Mississippi or North Carolina the case of amounts found to comply with applicable law) after have been owing to the applicable Payment Date, or any Port Authority as the result of Port Authority audit findings shall consist of each late charge period following the date the unpaid amount payable should have been paid under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeAgreement. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such Each late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and charge shall be payable immediately upon demand made at any time therefor by ▇▇▇▇▇▇the Port Authority. If No acceptance by the Port Authority of payment of any Indebtedness due is not paid in full on unpaid amount or of any unpaid late charge amount shall be deemed a waiver of the Maturity Date, then interest shall accrue at right of the Default Rate on all Port Authority of payment of any late charge or late charges payable under the provisions of this Section with respect to such unpaid amounts from the Maturity Date until fully paid and amount. Each late charge shall be payable upon demand and become additional rent, recoverable by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower the Port Authority in the same manner and with like remedies as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with if it were originally a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect part of the Mortgage Loan on the Maturity Daterental. Nothing in this Section is intended to, or during shall be deemed to, affect, alter, modify or diminish in any way (i) any rights of the time Port Authority under this Agreement, including without limitation the Port Authority’s rights set forth in Section 20 hereof entitled “Termination by the Port Authority” or (ii) any obligations of the Lessee under this Agreement. In the event that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will late charge imposed pursuant to this Section shall exceed a legal maximum such late charges payable under this Agreement shall be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine payable instead at such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)legal maximum.

Appears in 1 contract

Sources: Lease Agreement (Jetblue Airways Corp)

Late Charges. If Any and all sums or charges set forth in this Section 8 are considered part of Additional Rent. Tenant acknowledges that late payment (the fifth day of each month or any Monthly Debt Service Payment time thereafter) by Tenant to Landlord of Base Rent, Operating Expenses, Tax Expenses and Utility Expenses or other sums due hereunder hereunder, will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and impracticable to fix. Such costs include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum due from Tenant is not received by Lender Landlord within four (4) days of when due, Tenant shall promptly pay to Landlord all of the following, as applicable: (a) an additional sum equal to ten percent (10%) days of such delinquent amount, (or fifteen b) the amount of seventy-five dollars (15$75) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Dateeach three-day notice prepared for, or any served on, Tenant, (c) the amount of fifty dollars ($50) relating to checks for which there are not sufficient funds. If Tenant delivers to Landlord a check for which there are not sufficient funds, Landlord may, at its sole option, require Tenant to replace such check with a cashier's check for the amount of such check and all other charges payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Chargehereunder. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; parties agree that this late charge and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents charges referenced above represent a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s late payment by Tenant. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant's default with respect to the delinquent payment amount, nor prevent Landlord from exercising any of the other rights and remedies available to Landlord for any other breach of Tenant under this Lease. If a late charge or other charge becomes payable for any three (3) installments of Rent within any twelve (12) month period, then Landlord, at Landlord's sole option, can either require the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Rent be paid quarterly in advance, or be paid monthly in advance by cashier's check or by electronic funds transfer.

Appears in 1 contract

Sources: Lease Agreement (Jabil Circuit Inc)

Late Charges. If Time is of the essence for all payments and other obligations due under this Note. Borrower acknowledges that if any Monthly Debt Service Payment due hereunder payment required under this Note is not received by Lender in full within ten seven (107) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datesame becomes due and payable, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason extra administrative expenses (i.e., in addition to expenses incident to receipt of any such late timely payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of ) and the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of funds in connection with the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risksdelinquency in payment. Because, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate nature of the additional riskscase, costs, and expenses the actual damages suffered by Lender will incur by reason of ▇▇▇▇▇▇▇▇’s such administrative expenses and loss of the use of funds would be impracticable or extremely difficult to ascertain, Borrower agrees that a sum equal to five percent (5%) of the amount of the delinquent payment and (or portion thereof), together with Interest accruing on the additional compensation entire Principal balance of this Note at the Default Rate, as provided above (in either case, a "Late Charge"), shall be the amount of damages which Lender is entitled to receive upon Borrower's failure to make a payment of Principal or Interest (or portion thereof) when due, in compensation therefor. Therefore, Borrower shall, in such event, without further demand or notice, pay to Lender, as Lender's monetary recovery for such extra administrative expenses and loss of use of funds, liquidated damages in the increased risks amount of nonpayment associated with the Late Charge (in addition to Interest at the Default Rate), unless waived by Lender in writing. The provisions of this paragraph are intended to govern only the determination of damages in the event of a delinquency on breach in the Mortgage performance of Borrower to make timely payments hereunder. Nothing in this Note shall be construed as in any way giving Borrower the right, express or implied, to fail to make timely payments hereunder, whether upon payment of such damages or otherwise. The right of Lender to receive payment of such Late Charge, and receipt thereof, are without prejudice to the right of Lender to collect such delinquent payments and any other amounts provided to be paid hereunder or under any of the other Loan (taking into account all circumstances existing on Documents, or to declare a default hereunder or under any of the Effective Date)Loan Documents.

Appears in 1 contract

Sources: Loan and Security Agreement (Natural Alternatives International Inc)

Late Charges. If any Monthly Debt Service Payment Tenant acknowledges that late payment by Tenant to Landlord of rent or other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender this lease, including without limitation processing and accounting charges, administrative expense, and additional interest expense or late charges to Landlord resulting from late payment by Landlord of payments due on obligations of Landlord, whether or not secured by an encumbrance on the premises. Tenant acknowledges that the exact amount of such damages would be extremely difficult and impractical to ascertain, and that the expense of attempting to ascertain the exact amount of such damages would be an additional cost not contemplated by this lease. Accordingly, in the event that Tenant shall fail to pay any installment of rent or any sum due hereunder within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment later of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is duedue or the effective date of any notice required to be given by Landlord in connection therewith, inclusive of the date on which such amount is dueand without regard to whether Landlord exercises any remedy herein provided for default by Tenant, Borrower Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, Landlord as additional rent a late charge equal to four percent (4%) of each such installment or other sum. Landlord and Tenant agree that the Late Charge. The Late Charge late charge herein provided is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, estimate of the additional expenses Lender will damages which Landlord shall incur by reason of late payment by Tenant. Landlord's acceptance of any late charge shall not constitute a waiver of Tenant's default with respect to the overdue amount if Tenant fails to pay such late payment. Default Rate. Default interest amount within any applicable grace period provided in this lease, nor shall be paid as follows: If such acceptance prevent Landlord from exercising any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days rights or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as remedies herein provided for the payment of Monthly Debt Service Payments. To the extent permitted default by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Tenant.

Appears in 1 contract

Sources: Sublease Agreement (Keynote Systems Inc)

Late Charges. If Any and all sums or charges set forth in this Section 7 will be paid as Additional Rent. Tenant acknowledges that late payment (the fifth (5th) day of each month or any Monthly Debt Service Payment time thereafter) by Tenant to Landlord of Rent and all other sums due hereunder hereunder, will cause Landlord to incur costs not contemplated by this Lease. Such costs may include, without limitation, processing and accounting charges, and late charges that may be imposed on Landlord by the terms of any note secured by any encumbrance against the Premises, and late charges and penalties due to the late payment of real property taxes on the Premises. Therefore, if any installment of Rent or any other sum payable by Tenant is not received by Lender Landlord within five (5) days from the date due (provided, however, that with respect to Tenant’s first failure during each Lease year to pay any installment of Rent or any other sum payable by Tenant, Landlord shall provide written notice to Tenant of such failure and Tenant shall have five (5) days following the date of such notice to pay such past due amount), Tenant shall promptly pay to Landlord a late charge, as liquidated damages, in an amount equal to ten percent (10%) of such delinquent amount plus interest on such delinquent amount at the maximum legal rate. In addition to the late charge described above, any Rent or other amounts owing hereunder that are not paid within ten (10) days the date that they are due (provided, however, that with respect to Tenant’s first failure during each Lease year to pay any installment of Rent or fifteen any amounts owing hereunder, Landlord shall provide written notice to Tenant of such failure and Tenant shall have five (155) days for any Mortgaged Property located in Mississippi following the date of such notice to pay such past due amount) will bear interest from the date when due until paid at a rate that is the higher of (i) ten percent (10%) per annum or North Carolina to comply with (ii) the highest rate permitted by applicable law) after . The parties agree that this late charge and the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment charges referenced above represent a fair and reasonable estimate of the Mortgage Loan in full) or any other Loan Document is not received costs that Landlord will incur by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date reason of such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand late payment by ▇▇▇▇▇▇, excluding attorneys’ fees and costs. Acceptance of any late charge or other charges shall not constitute a waiver by Landlord of Tenant’s default with respect to the Late Charge. The Late Charge is payable in addition todelinquent amount, and not in lieu of, nor prevent Landlord from exercising any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason other rights and remedies available to Landlord for any other breach of any such Tenant under this Lease. If a late payment. Default Rate. Default interest shall charge becomes payable for three (3) installments of Rent, then Landlord, at Landlord’s sole option, can either require the Rent be paid as follows: If any amount due quarterly in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days advance or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand paid monthly in advance by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand cashier’s check or by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)electronic funds transfer.

Appears in 1 contract

Sources: Lease Agreement (Metagenomi Technologies, LLC)

Late Charges. If Tenant acknowledges that, in addition to interest costs, the late payments by Tenant to landlord of any Monthly Debt Service Payment Basic Rent or other sums due under this Lease will cause Landlord to incur costs not contemplated by this Lease, the exact amount of such costs being extremely difficult and Impractical to fix. Such other costs include, without limitation, processing, administrative and accounting charges and late charges that may be imposed on Landlord by the terms of any mortgage, deed of trust or related loan documents encumbering the Premises, the Building or the Project. Accordingly, if any monthly installment of Basic Rent or Common Area Expenses or any other amount payable by Tenant hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after Landlord by the applicable Payment Datedue ▇▇▇▇ thereof, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord an additional sum of ten percent (10%) of the overdue amount as a late charge, immediately without demand but in no event more than the maximum late charge allowed by law. The parties agree that such late charge represents a fair and reasonable estimate of the costs that Landlord will incur by reason of any late payment as hereinabove referred to by Tenant, and the payment of late charges and interest are distinct and separate in that the payment of Interest Is to compensate Landlord for the use of Landlord’s money by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for while the payment of Monthly Debt Service Paymentslate charges is to compensate Landlord for Landlord’s processing, administrative and other costs incurred by Landlord as a result of Tenant’s delinquent payments. To the extent permitted by applicable law, Acceptance of a late charge or interest shall also accrue not constitute a waiver of Tenant’s default with respect to the overdue amount or prevent Landlord from exercising any of the other rights and remedies available to Landlord under this Lease or at law or in equity now or hereafter in effect. In the Default Rate on event that any judgment obtained payments of any kind made by ▇▇▇▇▇▇ against Borrower in connection with Tenant are returned for insufficient funds, Tenant shall pay to Landlord upon receipt of written demand (1) the Mortgage Loan. To actual NSF fee charged by the extent Borrower or any other Person is vested with a right respective bank, and (2) an additional handling charge of redemptionup to $60.00, interest shall continue and thereafter, Landlord may require Tenant to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts future payments of Rent or other sums due in respect of the Mortgage Loan on the Maturity Date, by money order or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lendercashier’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)check.

Appears in 1 contract

Sources: Retail Lease (La Rosa Holdings Corp.)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises. Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount rent is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately without demand by ▇▇▇▇▇▇, which late charge shall be due and payable on the Late Chargesame date that the overdue amount was due. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant excluding interest and attorneys fees and costs. If any rent or other sum due from Tenant remains delinquent for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate specified in Section 21.J following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency contrary. After four (4) quarterly installments have been paid on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)time, rent shall again be payable monthly.

Appears in 1 contract

Sources: Sublease (Guidewire Software, Inc.)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord's demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant's failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Dynavax Technologies Corp)

Late Charges. If any Monthly Debt Service Payment installment of Rent or any other sum due hereunder is from Tenant shall not be received by Lender Landlord or Landlord's designee within ten (10) days after said amount is due, then Tenant shall pay to Landlord a late charge equal to five percent (5%) of the overdue amount. In addition, if such installment of Rent or fifteen other sum due from Tenant shall still not be received by Landlord or Landlord's designee within the first three (153) days of the following calendar month(s), then Tenant shall pay to Landlord an additional late charge equal to five percent (5%) of the overdue amount for each such month. Tenant shall also be responsible for any Mortgaged Property located attorneys' fees incurred by Landlord by reason of Tenant's failure to pay Rent and/or other charges when due hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in Mississippi addition to all of Landlord's other rights and remedies hereunder or North Carolina at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. Tenant hereby agrees that if Tenant is subject to comply with applicable lawa late charge for two (2) after consecutive months, Rent for the applicable Payment Datefollowing twelve (12) months shall automatically be adjusted to be payable quarterly, or any amount payable under this Loan Agreement (other than in advance, by cashier's check only, commencing upon the payment due on the Maturity Date for repayment first day of the Mortgage Loan month following such consecutive late month and continuing for the next twelve (12) months on a quarterly basis in full) advance. In addition to the late charge described above, any Rent or any other Loan Document is amounts owing hereunder which are not received by Lender paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower they are due shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any bear interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is when due until paid at a rate per annum equal to the Default Rate and shall be payable upon demand lesser of (i) the rate per annum announced from time to time by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity DateCitibank N.A. as its prime rate (or, if such bank fails to announce such a rate, then interest shall accrue at the Default Rate on all such unpaid amounts from prime rate announced by the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower largest state chartered bank operating in the same manner as provided for State of California) plus four (4) percentage points (the payment of Monthly Debt Service Payments. To "INTEREST RATE"), and (ii) the extent highest rate permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Office Lease (Capstone Turbine Corp)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located not paid when due shall bear interest from the date due until the date paid at the Default Rate in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due effect on the Maturity Date for repayment of date such payment was due. (b) In the Mortgage Loan in full) or any other Loan Document event Tenant is not received by Lender within more than ten (10) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (or fifteen (155%) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which delinquent installment of Rent. The parties agree that (i) such amount is due, Borrower shall pay delinquency will cause Landlord to Lender, immediately without demand by ▇▇▇▇▇▇incur costs and expenses not contemplated herein, the Late Chargeexact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (b) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The Late Charge parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is payable to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in addition to, handling and not in lieu of, any processing delinquent payments. (c) Payment of interest payable at the Default Rate pursuant and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Office Lease (NovaBay Pharmaceuticals, Inc.)

Late Charges. If any ​ (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), and except as otherwise expressly provided in this Lease, all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. ​ (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent; provided, however, that no late charge shall apply to the first instance of a late payment in each calendar year that is cured within five (5) days after Landlord’s written demand therefor. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. ​ (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).terminate this Lease. ​ ​ ​

Appears in 1 contract

Sources: Office Lease (Lemonade, Inc.)

Late Charges. If Tenant shall fail to pay all or any Monthly Debt Service Payment due hereunder is not received by Lender within ten part of any installment of fixed annual rent or additional rent for more than five (105) days after the same shall have become due and payable, and Landlord shall thereafter notify Tenant of such failure, then Tenant shall pay Landlord, within five (or fifteen (155) days after demand, as additional rent hereunder, a late charge of (i) three ($.03) cents for each dollar of the amount of such fixed annual rent or additional rent which shall not have been paid to Landlord within such five (5) days after becoming due and payable or (ii) interest on such sum from the date when first due at the average of all prime rates published from time to time in The Wall Street Journal (Eastern Edition) plus three percent (3%), whichever is greater; provided, however, that Landlord shall not be required to so notify Tenant more than twice in any Mortgaged Property located in Mississippi or North Carolina twelve (12) month period during the term of this lease (so that after such second notice such late charge will be due with respect to comply with applicable lawany subsequent payment by Tenant which is more than five (5) after the applicable Payment Datedays late, or during such Lease Year, without any amount payable under this Loan Agreement (other than further notice from Landlord). Tenant acknowledges that the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) rent after the date such when first due shall result in loss and injury to Landlord the exact amount of which is due, inclusive not susceptible of reasonable calculation and that the date on which such aforesaid amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge of late charge represents a fair reasonable estimate of such losses and reasonable estimateinjury under the circumstances, especially after taking into account all circumstances existing on the date hereofgrace period hereby afforded Tenant before such late charge is to be imposed. The late charge payable pursuant to this Article 44 shall be without prejudice to any of Landlord’s rights and remedies hereunder at law and equity for non-payment or late payment of rent or other sums and in addition to any such rights and remedies, including the right to institute and prosecute a proceeding under Article 7 of the additional expenses Lender will incur Real Property Actions and Proceedings Law. No failure by reason Landlord to insist upon the strict performance by Tenant of any such Tenant’s obligation to pay late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner charges as provided in this Article shall constitute a waiver by Landlord of its right to enforce the provisions of this Article in any instance thereafter occurring. The provisions of this Article shall not be construed in any way to extend the grace periods or notice periods provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower elsewhere in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)this lease.

Appears in 1 contract

Sources: Lease Agreement (Coty Inc /)

Late Charges. If any Notwithstanding anything to the contrary contained in the Lease, Tenant hereby acknowledges that late payment by Tenant to Landlord of Monthly Debt Service Payment Base Rent, Percentage Rent, Tenant’s pro-rata share of the costs and expenses of maintaining and operating the Common Areas, Taxes or other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed on Landlord by the terms of any mortgage or trust deed covering the Complex. Accordingly, if any installment of Monthly Base Rent, Percentage Rent, Tenant’s pro-rata share of the costs and expenses of maintaining and operating the Common Areas, Taxes or other sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee in good funds within ten three (103) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand Landlord a late charge equal to 10% of such overdue amount as additional Rent. If Tenant pays by ▇▇▇▇▇▇check not honored by the bank (i.e. if Tenant’s check “bounces”), the Late ChargeTenant will not have paid in good funds for purposes of this Lease. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted Landlord under the additional compensation Lender is entitled Lease. In addition to receive for the increased risks a late charge, Tenant shall pay to Landlord any attorney fees and expenses incurred by Landlord by reason of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Tenant’s failure to pay rent and/or other charges when due hereunder.

Appears in 1 contract

Sources: Office Lease (Dance Biopharm, Inc.)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located not paid when due shall bear interest from the date due until the date paid at the Default Rate in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due effect on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount payment was due. (b) In the event Tenant is duemore than five (5) business days late in paying any installment of Rent due under this Lease, inclusive Tenant shall pay Landlord a late charge equal to five percent (5%) of the date on delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such amount late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is due, Borrower shall pay to Lender, immediately without demand compensate Landlord for its inability to use the money improperly withheld by T▇▇▇▇▇, while the Late Charge. The Late Charge payment of late charges is payable to compensate Landlord for its additional administrative expenses in addition to, handling and not in lieu of, any processing delinquent payments. (c) Payment of interest payable at the Default Rate pursuant and/or of late charges shall not excuse or cure any default by Tenant under this Lease, nor shall the foregoing provisions of this Article or any such payments prevent Landlord from exercising any right or remedy available to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Office/Laboratory Lease (OmniAb, Inc.)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee (i) within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such said amount is due, inclusive of or (ii) upon the date on which such said amount is duedue if any installment of Rent or other sum due from Tenant has not been received by Landlord or Landlord’s designee within five (5) days after the date due on two (2) or more occasions during any given Lease Year, Borrower then Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant Landlord a late charge equal to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, five percent (5%) of the additional expenses Lender will incur overdue amount plus any attorneys’ fees incurred by Landlord by reason of any such Tenant’s failure to pay Rent and/or other charges when due hereunder. The late payment. Default Rate. Default interest charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid as follows: If (i) within five (5) days after the date they are due, or (ii) upon the date they are due if any amount due in respect of Rent or other amounts owing hereunder have not been received by Landlord or Landlord’s designee within five (5) days after the Mortgage Loan (other than amounts date due on the Maturity Datetwo (2) remains past due for thirty (30) days or moremore occasions during any given Lease Year, shall bear interest on such unpaid amount(s) shall accrue from the date payment is when due until paid at a rate per annum equal to the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid lesser of (i) the annual “Bank Prime Loan” rate cited in full the Federal Reserve Statistical Release Publication G.13(415), published on the Maturity Datefirst Tuesday of each calendar month (or such other comparable index as Landlord and Tenant shall reasonably agree upon if such rate ceases to be published) plus four (4) percentage points, then interest shall accrue at and (ii) the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent highest rate permitted by applicable law, ; provided that interest shall also accrue at the Default Rate on not be charged upon any judgment obtained late charge applied by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Landlord.

Appears in 1 contract

Sources: Office Lease (Novacea Inc)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of rent and other sums due hereunder is will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges. Accordingly, if any installment of rent or other sum due from Tenant shall not be received by Lender Landlord or Landlord's designee within ten (10) 10 days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice to Tenant, Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to 5% of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's Default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan remedies granted hereunder. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LEASE, IF TENANT IS DELINQUENT IN THE PAYMENT OF RENT AND IS SUBJECT TO A LATE CHARGE OR INTEREST FEE, LANDLORD AGREES TO WAIVE THE LATE CHARGE OR INTEREST FEE IF (taking into account all circumstances existing on the Effective Date)I) TENANT HAS NOT BEEN LATE IN ITS PAYMENT OF RENT DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE RENT DELINQUENCY IN QUESTION AND (II) THE RENT DUE IS PAID WITHIN FIVE (5) DAYS OF LANDLORD'S WRITTEN NOTICE TO THE TENANT OF THE DELINQUENCY AMOUNT OWED.

Appears in 1 contract

Sources: Lease (Harmonic Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) days after Landlord’s demand therefor if not otherwise set forth in this Lease. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Office/Laboratory Lease (Dynavax Technologies Corp)

Late Charges. If Tenant recognizes that late payment of any Monthly Debt Service Payment due hereunder Base Rent, Additional Charges or Additional Rent (defined below) will result in administrative expenses to Landlord, the extent of which additional expense is not received by Lender within ten extremely difficult and economically impractical to ascertain. Tenant therefore agrees that if any Base Rent, Additional Charges, or Additional Rent remains unpaid three (103) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date of written notice from Landlord, the amount of such unpaid Base Rent, Additional Charges or Additional Rent shall be increased by a late charge to be paid to Landlord by Tenant, as an Additional Charge, in an amount equal to five percent (5%) (or such greater amount not to exceed six percent (6%) as may be charged by the Mortgagee for a late payment of a monthly Mortgage payment) of the amount of the delinquent Base Rent, Additional Charges or Additional Rent. Notwithstanding the foregoing, Landlord shall not be required to provide such notice more than two (2) times during any two (2) year period during the Term, the late charge accruing with respect to the third such non-payment from the date which is three (3) days after the due date of such amount without the requirement of notice from Landlord. Tenant agrees that such amount is duea reasonable estimate of the loss and expense to be suffered by Landlord as a result of such late payment by Tenant and may be charged by Landlord to defray such loss and expense. In addition, inclusive any outstanding Base Rent, Additional Charges, Additional Rent and late charges shall accrue interest at an annualized rate of the greater of (i) ten percent (10%) or (ii) the Prime Rate as published on the last day of whichever of said three (3) day periods is applicable plus four percent (4%), but in no event greater than the maximum rate allowed by law (the “Default Rate”), until paid to Landlord. The provisions of this Section 3(e) shall not relieve Tenant of the obligation to pay Base Rent, Additional Charges or Additional Rent on or before the date on which such amount is they are due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable or in addition to, and not in lieu of, any interest payable at the Default Rate way affect Landlord’s remedies pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate21(b) if any Base Rent, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days Additional Charges or more, interest on such Additional Rent are unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts after they are due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Lease Agreement (Synopsys Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen (15including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (b) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Dynavax Technologies Corp)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not received limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by Lender within ten (10) days (or fifteen (15) days for the terms of any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datemortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after notice of Tenant’s failure to comply with applicable law) after the date pay such amount is dueamount, inclusive of the date on which such amount is due, Borrower then Tenant shall pay to LenderLandlord a late charge equal to five percent (5%) of the amount; provided, immediately without demand by ▇▇▇▇▇▇however, that the Late Chargefirst (1st) late charge in any consecutive twelve (12) month period shall not exceed $500.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the additional compensation Lender is entitled right to receive for require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the increased risks late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days after notice of nonpayment associated with a delinquency on such failure to pay such amounts shall thereafter bear interest until paid at the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Interest Rate.

Appears in 1 contract

Sources: Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Property Tax increases, parking charges, after hours HVAC charges, or other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender within ten (10) days (this Lease, the exact amount of which will be extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges and late charges which may be imposed on Landlord by the terms of any mortgage or fifteen (15) days for trust deed encumbering the Project. Accordingly, if any Mortgaged installment of Base Rent, Tenant's Share of Operating Expense increases, Tenant's Share of Real Property located in Mississippi or North Carolina to comply with applicable law) Tax increases, parking charges, after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) hours HVAC charges or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date of when such amount is shall be due, inclusive of the date on which such amount is duethen, Borrower without any requirement for notice or demand to Tenant, Tenant shall immediately pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late ChargeLandlord a late charge equal to six percent (6%) of such overdue amount. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder including the additional compensation Lender assessment of interest under Section 13.5. Notwithstanding the foregoing, Landlord agrees to waive imposition of such late charge on one (1) occasion in any twelve (12) month period provided the overdue payment is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan made within five (taking into account all circumstances existing on the Effective Date)5) days after Landlord gives Tenant written notice that payment was not made when due.

Appears in 1 contract

Sources: Lease Agreement (Visual Networks Inc)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments, Rent Adjustment Deposits and Parking charges shall be due when specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than three (3) days late more than once in any twelve (12) month period in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and (iii) that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. jka v14-Continental_Grand-Learning_Tree-Lease (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Office Lease (Learning Tree International Inc)

Late Charges. If any (a) All payments required hereunder (other than the Monthly Debt Service Payment Base Rent, Rent Adjustments, and Rent Adjustment Deposits, which shall be due hereunder is not received by Lender as hereinbefore provided) to Landlord shall be paid within ten (10) business days after Landlord’s demand therefor. All such amounts (or fifteen including Monthly Base Rent, Rent Adjustments, and Rent Adjustment Deposits) not paid when due shall bear interest from the date due until the date paid at the Default Rate in effect on the date such payment was due. (15b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses not contemplated herein, the exact amount of which will be difficult to calculate, including the cost and expense that will be incurred by Landlord in processing each delinquent payment of rent by Tenant, (ii) the amount of such late charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (c) Payment of interest at the Default Rate and/or of late charges shall not excuse or cure any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after default by Tenant under this Lease, nor shall the applicable Payment Date, foregoing provisions of this Article or any amount payable under such payments prevent Landlord from exercising any right or remedy available to Landlord upon Tenant’s failure to pay Rent when due, including the right to terminate this Loan Agreement Lease. (d) Notwithstanding the foregoing, Landlord agrees to waive and forgive the first (1st) of any such late charges and interest thereon arising during any twelve (12) consecutive months during the Term, provided that Landlord receives such overdue Rent or other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender sum within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) Business Days after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Office/Laboratory Lease (Gritstone Oncology, Inc.)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not received limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by Lender within ten (10) days (or fifteen (15) days for the terms of any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datemortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord’s designee within ten five (105) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after notice of Tenant’s failure to comply with applicable law) after the date pay such amount is dueamount, inclusive of the date on which such amount is due, Borrower then Tenant shall pay to LenderLandlord a late charge equal to two percent (2%) of the amount; provided, immediately without demand by ▇▇▇▇▇▇however, that the Late Chargefirst (1st) late charge in any consecutive twelve (12) month period shall not exceed $10,000.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the additional compensation Lender is entitled right to receive for require it shall be in addition to all of Landlord’s other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord’s remedies in any manner. In addition to the increased risks late charge described above, any Rent or other amounts owing hereunder which are not paid within ten (10) days after notice of nonpayment associated with a delinquency on such failure to pay such amounts shall thereafter bear interest until paid at the Mortgage Loan (taking into account all circumstances existing on the Effective Date)Interest Rate.

Appears in 1 contract

Sources: Office Lease (KBS Real Estate Investment Trust II, Inc.)

Late Charges. If any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇Lender, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d2.2(g). ▇▇▇▇▇▇▇▇ Borrower acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇Lender. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ Lender against Borrower or IDOT Guarantor in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ Each Obligor acknowledges and agrees that: its Borrower’s failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ Lender is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇Borrower’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).

Appears in 1 contract

Sources: Multifamily Loan and Security Agreement

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Rent or other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain. Such costs include, but are not received limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by Lender within ten (10) days (or fifteen (15) days for the terms of any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Datemortgage, deed of trust, or ground or underlying lease covering the Premises. Accordingly, if any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord's designee within ten five (105) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina after notice of Tenant's failure to comply with applicable law) after the date pay such amount is dueamount, inclusive of the date on which such amount is due, Borrower then Tenant shall pay to LenderLandlord a late charge equal to two percent (2.0%) of the amount; provided, immediately without demand by ▇▇▇▇▇▇however, that the Late Chargefirst (1st) late charge in any consecutive twelve (12) month period shall not exceed $10,000.00, and no late charge may be assessed unless a notice of, and invoice for, such assessment is sent to Tenant within sixty (60) days after such failure to pay occurs. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of the late payment of Rent by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed Additional Rent and the right to require it shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. In addition to the late charge described above, any Rent or other amounts owing hereunder which are not paid within five (5) business days after notice of such failure to pay such amounts shall thereafter bear interest until paid at a rate per annum equal to Interest Rate. 804296.08/LAH4321-047/10-7-08/nng/law -▇▇- ▇▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇[▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date).▇▇ ▇▇▇▇ Lease]

Appears in 1 contract

Sources: Office/Retail Lease (KBS Real Estate Investment Trust II, Inc.)

Late Charges. If Landlord and Tenant agree that the fixing of actual damages for Tenant's breach of any Monthly Debt Service Payment due hereunder is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) provisions of this Lease, including but not limited to the late payment by Tenant to Landlord of rent and other amounts due hereunder, would cause Landlord to incur costs not contemplated by this Lease, the exact amount of which would be extremely difficult or impracticable to ascertain. Such costs include but are not limited to accounting, processing, administrative, legal and clerical charges and late charges which may be imposed upon Landlord by the terms of any Deed of Trust covering the Premises. Accordingly, if any installment of rent or any other Loan Document is sum due from Tenant hereunder has not been received by Lender Landlord or Landlord’s agent within ten five (105) business days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is was due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant Landlord a late charge equal to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason five percent (5%) of any such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect delinquent installment of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower rent or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemeddelinquent sum due from Tenant. ▇▇▇▇▇▇▇▇ acknowledges Landlord and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time Tenant hereby agree that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate said late charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will cost Landlord would incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant. Acceptance of such late charge by Landlord shall not constitute a waiver of Tenant’s delinquent payment default with respect to such overdue amount nor prevent Landlord from exercising any other rights and remedies provided for in this Lease, at law or in equity. Tenant understands and agrees to the additional compensation Lender foregoing provisions relating to late charges. If a late charge is entitled payable by Tenant whether or not collected, for three (3) consecutive installments of rent, then the Monthly Rent and Operating Expenses and Real Estate Taxes shall automatically become due and payable to receive for Landlord quarterly in advance, notwithstanding any other provision of this Lease to the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 1 contract

Sources: Office Space Lease (Mellanox Technologies, Ltd.)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments and Rent Adjustment Deposits shall be due when and as specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten twenty-one (1021) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, and (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and that such late charge shall be paid as follows: If to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. Notwithstanding the foregoing, Tenant shall be entitled to notice and a five (5) day cure period before any amount due in respect particular late charge accrues the first two (2) times during the initial Lease Term that Tenant fails to pay any installment or other payment of the Mortgage Loan Rent when due. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Lease Agreement (Bolt Biotherapeutics, Inc.)

Late Charges. If any Monthly Debt Service Payment Tenant hereby acknowledges that late payment by Tenant to Landlord of Minimum Annual Rent or other sums due hereunder is will cause Landlord to incur costs not received contemplated by Lender within ten (10) days (this Lease, the exact amount of which are extremely difficult to ascertain. Such costs include, but are not limited to, processing and accounting charges, and late charges which may be imposed upon Landlord by the terms of any mortgage or fifteen (15) days for deed of trust covering the Premises. Accordingly, if any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date, or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment installment of the Mortgage Loan in full) Minimum Annual Rent or any other Loan Document is sum due from Tenant shall not be received by Lender Landlord or Landlord's designee within ten five (105) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which due following written notice, then (and without prejudice to Landlord's rights and remedies in respect of such amount is due, Borrower default) Tenant shall pay to Lender, immediately without demand Landlord a late charge equal to five percent (5%) of such amount overdue plus any attorneys' fees incurred by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur Landlord by reason of any Tenant's failure to pay rent and/or other charges when due hereunder. The parties hereby agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs that Landlord will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent the late payment by Tenant. Acceptance of such late charge by Landlord shall in no event constitute a waiver of Tenant's default with respect to such overdue amount, nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. The late charge shall be deemed additional rent and the additional compensation Lender right to require it shall be in addition to all of Landlord's other rights and remedies hereunder or at law and shall not be construed as liquidated damages or as limiting Landlord's remedies in any manner. In addition to the five percent (5%) late charge described above, any rents or other amounts owing hereunder which are not paid within five (5) days after the date they are due shall thereafter bear interest until paid at a rate per annum equal to the lesser of the prime rate as announced from time to time in the Wall Street Journal (the "Prime Rate") plus seven percent (7%) per annum or the highest rate permitted by applicable law. If such Prime Rate is no longer published, Landlord shall have the right to substitute a replacement index that in Landlord's good faith determination is reasonably similar to the Prime Rate. In the event the Landlord does not commence any proceedings to review or contest any real estate taxes, rent taxes, or other sums due pursuant to this Article on or before sixty (60) days prior to the expiration of the period within which to institute such proceeding, Tenant may, at Tenant's sole cost and expense, undertake such proceedings to review or contest any such tax or assessment as it deems necessary in its name or in the name of the Landlord, and Landlord agrees to cooperate with Tenant and to execute any and all reasonable instruments which may be reasonably required for the prosecution of any such proceedings. Provided that Tenant has complied with all of the terms and conditions of this Lease, beyond any applicable cure or grace periods, including without limitation, the payment of all sums due pursuant to this Article, Tenant shall be entitled to receive the full amount of any refund due on account of taxes or assessments payable upon the Demised Premises if Tenant shall be successful in securing a reduction in such taxes or assessments. To the extent that Landlord incurs any expenses or costs in connection with the Tenant's commencement or any review or contest of any tax or assessment, Tenant shall reimburse Landlord for its reasonable expenses and costs including reasonable attorneys fees, appraisers fees, etc. upon thirty (30) days of demand therefore. Tenant shall provide Landlord with copies of all correspondence, documentation and other writings submitted to any governmental agency having jurisdiction over the increased risks Demised Premises pertaining to any contest. Tenant shall have the right, at its sole cost and expense, to contest all Legal Requirements or Environmental Laws (as defined in Articles 14 and 45) provided such contest does not subject the Landlord to any costs, penalties, judgments, liens, expenses, fines or other impositions of nonpayment associated any kind or nature and provided further that said contest does not subject Landlord to any criminal or civil proceedings of any kind or nature. Tenant shall provide Landlord with a delinquency on copies of all correspondence, documentation and other writings submitted to any governmental agency having jurisdiction over the Mortgage Loan Demised Premises pertaining to any contest. Tenant's compliance with Legal Requirements or Environmental Laws (taking into account as hereinafter defined in Article 45) shall be deemed adequate compliance by Tenant provided said compliance is performed to the satisfaction of all circumstances existing on governmental agencies having jurisdiction over the Effective Date)Demised Premises.

Appears in 1 contract

Sources: Master Lease Agreement (One Liberty Properties Inc)

Late Charges. If any Tenant hereby acknowledges that late payment by Tenant to Landlord of Base Monthly Debt Service Payment Rent and other sums due hereunder will cause Landlord to incur costs not contemplated by this Lease, the exact amount of which is extremely difficult to ascertain, Such costs include but are not limited to: administrative, processing, accounting, and late charges which may be imposed on Landlord by the terms of any contract, revolving credit, mortgage, or trust deed covering the Premises, Accordingly, if any installment of Base Monthly Rent or other sum due from Tenant shall not be received by Lender Landlord or its designee within ten five (105) days after Tenant’s receipt of Landlord’s written notice of such failure to pay rent (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment Date“Late Rent Notice”), or any amount payable under this Loan Agreement (other than the payment due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the date such amount is due, inclusive of the date on which such amount is due, Borrower Tenant shall pay to LenderLandlord a late charge equal to five (5%) percent of such overdue amount, immediately which late charge shall be due and payable on the same date that the overdue amount was due. If Landlord sent a Late Rent Notice to Tenant three (3) times within the Lease Term, all late charges subsequent to the third Late Rent noticed shall become due automatically after Tenant’s failure to pay such Base Monthly Rent or other sum due from Tenant within five (5) days after the same is due without demand by ▇▇▇▇▇▇, the any obligation of Landlord to provide any Late ChargeRent Notice to Tenant. The Late Charge is payable in addition to, and not in lieu of, any interest payable at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing on the date hereof, of the additional expenses Lender will incur by reason of any parties agree that such late payment. Default Rate. Default interest shall be paid as follows: If any amount due in respect of the Mortgage Loan (other than amounts due on the Maturity Date) remains past due for thirty (30) days or more, interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and shall be payable upon demand by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower or any other Person is vested with a right of redemption, interest shall continue to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate charge represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender costs Landlord will incur by reason of ▇▇▇▇▇▇▇▇late payment by Tenant, excluding interest and attorney’s fees and costs. If any rent or other sum due from Tenant remains delinquent payment for a period in excess of thirty (30) days then, in addition to such late charge, Tenant shall pay to Landlord interest on any rent that is not paid when due at the Agreed Interest Rate (as defined in Section 19.J. below) following the date such amount became due until paid. Acceptance by Landlord of such late charge shall not constitute a waiver of Tenant’s default with respect to such overdue amount nor prevent Landlord from exercising any of the other rights and remedies granted hereunder. In the additional compensation Lender event that a late charge is entitled payable hereunder, whether or not collected, for three (3) consecutive installments of Base Monthly Rent, then the Base Monthly Rent shall automatically become due and payable quarterly in advance, rather than monthly, notwithstanding any provision of this Lease to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)contrary.

Appears in 1 contract

Sources: Lease Agreement (Terayon Communication Systems)

Late Charges. If any (a) The Monthly Debt Service Payment Base Rent, Rent Adjustments, Rent Adjustment Deposits and Parking charges shall be due when specifically provided above. Except for such payments and late charges described below, which late charge shall be due when provided below (without notice or demand), all other payments required hereunder is not received by Lender to Landlord shall be paid within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after the applicable Payment DateLandlord’s demand therefor. All Rent and charges, or any amount payable under this Loan Agreement (other than the payment except late charges, not paid when due on the Maturity Date for repayment of the Mortgage Loan in full) or any other Loan Document is not received by Lender within ten (10) days (or fifteen (15) days for any Mortgaged Property located in Mississippi or North Carolina to comply with applicable law) after shall bear interest from the date such amount is due, inclusive of due until the date on which such amount is due, Borrower shall pay to Lender, immediately without demand by ▇▇▇▇▇▇, the Late Charge. The Late Charge is payable in addition to, and not in lieu of, any interest payable paid at the Default Rate pursuant to Section 2.02(d). ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its failure to make timely payments will cause Lender to incur additional expenses in servicing and processing the Mortgage Loan; it is extremely difficult and impractical to determine those additional expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional expenses; and the Late Charge represents a fair and reasonable estimate, taking into account all circumstances existing effect on the date hereofsuch payment was due. (b) In the event Tenant is more than five (5) days late in paying any installment of Rent due under this Lease, Tenant shall pay Landlord a late charge equal to five percent (5%) of the additional delinquent installment of Rent. The parties agree that (i) such delinquency will cause Landlord to incur costs and expenses Lender not contemplated herein, the exact amount of which will incur be difficult to calculate, including the cost and expense that will be incurred by reason Landlord in processing each delinquent payment of any rent by Tenant, (ii) the amount of such late payment. Default Rate. Default interest charge represents a reasonable estimate of such costs and expenses and (iii) that such late charge shall be paid as follows: If any amount to Landlord for each delinquent payment in addition to all Rent otherwise due hereunder. The parties further agree that the payment of late charges and the payment of interest provided for in respect subparagraph (a) above are distinct and separate from one another in that the payment of interest is to compensate Landlord for its inability to use the Mortgage Loan money improperly withheld by Tenant, while the payment of late charges is to compensate Landlord for its additional administrative expenses in handling and processing delinquent payments. (other than amounts due on the Maturity Datec) remains past due for thirty (30) days or more, Payment of interest on such unpaid amount(s) shall accrue from the date payment is due at the Default Rate and and/or of late charges shall be payable upon demand not excuse or cure any default by ▇▇▇▇▇▇. If any Indebtedness due is not paid in full on Tenant under this Lease, nor shall the Maturity Date, then interest shall accrue at the Default Rate on all such unpaid amounts from the Maturity Date until fully paid and shall be payable upon demand by Lender. Absent a demand by Lender, foregoing provisions of this Article or any such amounts shall be payable by Borrower in the same manner as provided for the payment of Monthly Debt Service Payments. To the extent permitted by applicable law, interest shall also accrue at the Default Rate on payments prevent Landlord from exercising any judgment obtained by ▇▇▇▇▇▇ against Borrower in connection with the Mortgage Loan. To the extent Borrower right or any other Person is vested with a right of redemption, interest shall continue remedy available to accrue at the Default Rate during any redemption period until such time as the Mortgaged Property has been redeemed. ▇▇▇▇▇▇▇▇ acknowledges and agrees that: its Landlord upon Tenant’s failure to make timely payments will cause Lender pay Rent when due, including the right to incur additional expenses in servicing and processing the Mortgage Loan; and in connection with any failure to timely pay all amounts due in respect of the Mortgage Loan on the Maturity Date, or during the time that any amount due in respect of the Mortgage Loan is delinquent for more than thirty (30) days: Lender’s risk of nonpayment of the Mortgage Loan will be materially increased; Lender’s ability to meet its other obligations and to take advantage of other investment opportunities will be adversely impacted; Lender will incur additional costs and expenses arising from its loss of the use of the amounts due; it is extremely difficult and impractical to determine such additional costs and expenses; ▇▇▇▇▇▇ is entitled to be compensated for such additional risks, costs, and expenses; and the increase from the Interest Rate to the Default Rate represents a fair and reasonable estimate of the additional risks, costs, and expenses Lender will incur by reason of ▇▇▇▇▇▇▇▇’s delinquent payment and the additional compensation Lender is entitled to receive for the increased risks of nonpayment associated with a delinquency on the Mortgage Loan (taking into account all circumstances existing on the Effective Date)terminate this Lease.

Appears in 1 contract

Sources: Office Lease (National Mercantile Bancorp)