LEASING DEPOSIT Sample Clauses

LEASING DEPOSIT. That portion of the Escrow Deposit identified as the sum of ___________ and 00/100 Dollars ($_____________.00) is hereby referred to as the "LEASING DEPOSIT." The Leasing Deposit is applicable to ___ square feet of tenant space at the property not leased to tenants as of the date hereof who Exhibit H-1 are occupying all of their premises and who have commenced full payments of rent and reimbursable expenses (the "VACANT SPACE") and is allocable to the Vacant Space as shown on EXHIBIT A. Buyer shall receive a prorated credit from the Leasing Deposit on the date hereof for the rent and reimbursable expenses attributable to the Vacant Space from the date hereof through the end of the current month. Thereafter, Buyer shall receive (and Escrow Agent is hereby authorized to pay to Buyer without further direction from Seller) monthly payments, in advance, for rent and reimbursable expenses, from the Leasing Deposit. The amount of the monthly disbursement to Buyer from the Leasing Deposit shall be as directed by Buyer by notice to Seller and Escrow Agent each month, according to the form of request attached as EXHIBIT C (which shall be equal to 1/12 of the Leasing Deposit prorated for any partial months) (the "LEASING DEPOSIT MONTHLY PAYMENT").
Sample 1
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LEASING DEPOSIT. (a) That portion of the Escrow Amount identified as the sum of Seven Hundred Twenty Six Thousand Nine Hundred Fourteen and 25/100 Dollars ($726,914.25) is hereby referred to as the "LEASING DEPOSIT." The Leasing Deposit equals twenty-four (24) months of PRO FORMA base rent and reimbursable expenses (I.E., pro rata expenses such as a tenant's pro rata share of common area maintenance expenses and real estate taxes) for each tenant space at the Property not leased to tenants as of the CLOSING DATE (as defined in the Contribution Agreement) (the "PROJECT VACANT SPACE") and that are not part of the EARNOUT SPACE (as that term is defined in the Contribution Agreement) and the LEASED BUT NOT OPEN SPACE (as that term is defined in Section 2.1 A hereof.) Each Project Vacant Space, the size of such space, the TI and LC (as those terms are defined in Section 2.2 hereof) allocated to such space, the Leasing Deposit allocated to such space and the average (over a five year period) monthly PRO FORMA base rent and reimbursable expenses attributable to such space (the "MONTHLY PRO FORMA BASE RENT AND EXPENSES") is scheduled on EXHIBIT "A" attached hereto.
Sample 1
LEASING DEPOSIT. That portion of the Escrow Deposit identified as the sum of Eight Hundred Forty Seven Thousand Eight Hundred Forty Nine and 68/100 Dollars ($847,849.18) is hereby referred to as the "LEASING DEPOSIT." Five Hundred Forty Seven Thousand Eight Hundred Forty Nine and 18/100 Dollars ($547,849.18) of the Leasing Deposit ("VACANT SPACE PORTION") is applicable to 8,026 square feet of tenant space and PAD F at the property not leased to tenants as of the date of Closing (as defined in the Contract) (the "VACANT SPACE"), and $300,000 of the Leasing Deposit ("PAD F PORTION") is applicable to the arrangement regarding the rental rate at which PAD F is ground leased (if it is leased) as described in Paragraph 2 of the Second Amendment to the Contract. Seller shall be required to place the Vacant Space (excluding PAD F) into a "vanilla box" condition at the sole cost and expense of Seller and disbursements related thereto shall not be permitted therefor from the Escrow Deposit. Buyer shall receive a prorated credit from the Vacant Space portion of the Leasing Deposit on the date of Closing (as defined in the Contract) for the rent and reimbursable expenses attributable to the Vacant Space from the date of Closing through the end of the month in which Closing occurs. Thereafter, Buyer shall receive (and Escrow Agent is hereby authorized to pay to Buyer without further direction from Seller) monthly payments, in advance, for rent and reimbursable expenses, from the Vacant Space portion of the Leasing Deposit, in the sum of l/24th of the Vacant Space portion of the Leasing Deposit (prorated for any partial months) (the "LEASING DEPOSIT MONTHLY PAYMENT"). The Leasing Deposit Monthly Payment shall be made by Escrow Agent to Buyer until such time as the respective tenants for the Vacant Space (other than PAD F) have: (a) accepted its premises, and (b) opened for business at the Property to the public, and (c) commenced paying rent and other charges under any Vacant Space lease, and (d) all leasing commissions and tenant improvement allowances are fully paid, and (e) delivered a certificate of occupancy to Buyer for its respective space (collectively, the "TENANT CONDITIONS"). As to PAD F, the Escrow Agent shall make the Leasing Deposit Monthly Payment until rent commences under a ground lease with a PAD F tenant which shall be the Tenant Condition for PAD F. Buyer and Seller shall promptly notify Escrow Agent of the date any tenant satisfies the Tenant Conditions. As the Vaca...
Sample 1
LEASING DEPOSIT. Purchaser shall be entitled, at the closing, to receive from the Leasing Deposit a prorata share of the rent due Purchaser for the Giant TV space for the month of the closing. Thereafter, commencing on the first day of the first month following the closing and continuing on the first day of each calendar month thereafter, Purchaser shall be entitled to receive from the Leasing Deposit, an amount equal to 1/3 (with the last month adjusted for the rent payment paid to Purchaser at the closing for the prorated portion of the month of the closing) of the initial balance of the Leasing Deposit, which monthly payment shall continue until the earlier of (a) the date the Leasing Deposit has been disbursed in full or (b) the date that all of the Giant TV Space has been leased to a third party tenant or tenants and such third party tenant or tenants have commenced full payments of Base Rent, CAM, real estate taxes and insurance passthroughs (the "Lease-Up Event"). At such time as Escrow Agent receives notice from Purchaser that the Lease-Up Event has occurred, then any remaining portion of the Leasing Deposit shall be disbursed by Escrow Agent to Seller.
Sample 1
LEASING DEPOSIT. In the event that, at Closing hereunder, there are any Vacant Spaces at the Property, then, at Closing, Seller shall deposit with Escrowee an amount (the "LEASING DEPOSIT") equal to one hundred percent (100%) of the sum of the following products for all of the Vacant Spaces, less the allowed vacancy (if any) per the project proforma shown on EXHIBIT "G": as to each Vacant Space, (a) the sum of (i) the per square foot annual base rent set forth on the Project Pro Forma for such Vacant Space or in the lease for an unoccupied, but leased, Vacant Space plus (ii) $4.55 per square foot, MULTIPLIED by (iii) the amount of the square footage of such Vacant Space. The Leasing Deposit shall be held in escrow by Escrowee, subject to the terms and conditions of this Agreement, and shall be disbursed as hereinafter provided.
Sample 1
LEASING DEPOSIT. In the event that, at Closing hereunder, there are any Vacant Spaces at the Property, then, at Closing, Seller shall deposit with Escrowee an amount (the ALeasing Deposit@) equal to one hundred percent (100%) of the sum of the following products for all of the Vacant Spaces, as to each Vacant Space, (a) the sum of (i) the per square foot annual base rent set forth on the Project Pro Forma for such Vacant Space or in the lease for an unoccupied, but leased, Vacant Space or occupied leased Vacant Space lease with respect to which a tenant is delinquent more than thirty (30) days (a “Delinquent Vacant Space”) plus (ii) $4.85 per square foot, multiplied by (iii) the amount of the square footage of such Vacant Space, multiplied by (b) 1.5. The Leasing Deposit shall be held in escrow by Escrowee, subject to the terms and conditions of this Agreement, and shall be disbursed as hereinafter provided.
Sample 1
LEASING DEPOSIT. (a) That portion of the Escrow Amount identified as the sum of Zero Dollars ($0.00) is hereby referred to as the "LEASING DEPOSIT." The Leasing Deposit equals six (6) months of PRO FORMA base rent and reimbursable expenses (I.E., pro rata expenses such as a tenant's pro rata share of common area maintenance expenses and real estate taxes) for each tenant space at the Property not leased to tenants as of the CLOSING DATE (as defined in the Contribution Agreement) that satisfy the Tenant Conditions (as hereinafter defined) (the "PROJECT VACANT SPACE"). A Project Vacant Space may be vacant, or may be occupied by a tenant whose lease does not satisfy the Tenant Conditions. Each Project Vacant Space, the size of such space, the TI and LC (as those terms are defined in Section 2.2 hereof) allocated to such space, the Leasing Deposit allocated to such space and the average (over a five year period) monthly PRO FORMA base rent and reimbursable expenses attributable to such space (the "MONTHLY PRO FORMA BASE RENT AND EXPENSES") is scheduled on EXHIBIT "A" attached hereto.
Sample 1
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Related to LEASING DEPOSIT

  • Lease Deposit Upon the execution hereof, Lessor shall loan Lessee an amount equal to twenty-five percent (25%) of the first full year's Base Rent (the "Lease Deposit"). The Lease Deposit shall be held by Lessor as security for the performance by Lessee of Lessee's covenants and obligations under the Lease. The Lease Deposit shall not be considered an advance payment of rental or a measure of Lessor's damages in case of default by Lessee. Lessor may, from time to time, without prejudice to any other remedy, use the proceeds thereof to make good any arrearages of Rent, to satisfy any other covenant or obligation of Lessee hereunder or to compensate Lessor for any other loss or damage which Lessor may suffer by reason of any default by Lessee. Following any such use of the Lease Deposit by the Lessor, Lessee shall deliver to Lessor on demand an amount sufficient to restore the aggregate amount held by Lessor, not including any interest earned on the Lease Deposit, to the amount of the original Lease Deposit. If Lessee is not in default at the termination of the Lease, and has complied with all of the provisions of this Lease to be performed by Lessee, including surrender of the Leased Property in accordance with the provisions hereof and has repaid the loan of the Lease Deposit, the Lease Deposit, not including any interest earned on such Lease Deposit, shall be returned by Lessor to Lessee, subject to any draws which have previously been made by Lessor against the Lease Deposit and not replenished by the Lessee. Lessee will not assign or encumber Lessee's interest in the Lease Deposit, and neither Lessor nor Lessor's successors or assigns will be bound by any such attempted assignment or encumbrance of the Lease Deposit. Any interest earned on the Lease Deposit will be for the sole benefit of the Lessor and shall not in any way reduce any amounts owed by Lessee under the terms hereof.

  • Initial Deposit On the Closing Date, the Depositor will deposit, or cause to be deposited, the Required Reserve Amount in the Reserve Account according to Section 4.1 of the Exchange Note Sale Agreement.

  • Initial Deposits On the Closing Date and on each Addition Date thereafter, the Servicer will deposit (in immediately available funds) into the Collection Account all Collections received after the applicable Cut-Off Date and through and including the Closing Date or Addition Date, as the case may be, in respect of Eligible Assets being transferred to and included as part of the Collateral on such date.

  • Disbursements from the Escrow Account a. At such time as Escrow Agent has collected and deposited instruments of payment in the total amount of the Advance and has received such Common Stock via D.W.A.C from the Company which are to be issued to the Investor pursuant to the Standby Equity Distribution Agreement, the Escrow Agent shall notify the Company and the Investor. The Escrow Agent will continue to hold such funds until the Investor and Company execute and deliver a Joint Written Direction directing the Escrow Agent to disburse the Escrow Funds pursuant to Joint Written Direction at which time the Escrow Agent shall wire the Escrow Funds to the Company. In disbursing such funds, Escrow Agent is authorized to rely upon such Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Investor that Escrow Agent already has on file. Simultaneous with delivery of the executed Joint Written Direction to the Escrow Agent the Investor and Company shall execute and deliver a Common Stock Joint Written Direction to the Escrow Agent directing the Escrow Agent to release via D.W.A.C to the Investor the shares of the Company's Common Stock. In releasing such shares of Common Stock the Escrow Agent is authorized to rely upon such Common Stock Joint Written Direction from Company and may accept any signatory from the Company listed on the signature page to this Agreement and any signature from the Escrow Agent has on file. In the event the Escrow Agent does not receive the amount of the Advance from the Investor or the shares of Common Stock to be purchased by the Investor from the Company, the Escrow Agent shall notify the Company and the Investor.

  • Additional Deposit Unless Buyer terminates this Agreement in accordance with the terms of Section 4.2, then upon the expiration of the Due Diligence Deadline: (a) the Initial Deposit shall become non-refundable to Buyer except in the event of the Seller's breach or as otherwise expressly provided in this Agreement, and (b) within two (2) Business Days after the expiration of the Due Diligence Deadline, Buyer shall deposit the Additional Deposit with Escrow Holder by wire transfer of immediately available funds and the Additional Deposit shall be non-refundable to Buyer except in the event of Seller's breach or as otherwise expressly provided in this Agreement. The Initial Deposit and, when made, the Additional Deposit, and, if made, the Extension Deposit, are collectively referred to herein as the "Deposit" and shall include all interest which accrues thereon while held by Escrow Holder. Upon the Closing, the Deposit shall be credited to the Purchase Price. Unless Buyer terminates this Agreement in accordance with the terms of Section 4.2, then upon the expiration of the Due Diligence Deadline if Buyer thereafter fails to deliver the Additional Deposit into the Escrow Account strictly as and when contemplated herein or if Buyer fails to deliver the “Additional Deposit” into Escrow as defined in and set forth in the Parallel Agreement, such failure shall constitute a material breach of this Agreement by Buyer and Seller shall have the right, by delivering written notice to Escrow Holder and Buyer within five (5) days after such failure, to terminate this Agreement and receive and retain the Initial Deposit as liquidated damages pursuant to Section 5.1 below, and thereafter neither party shall have any further rights or obligations hereunder except for the Surviving Obligations.

  • Establishment of Escrow Account; Deposits in Escrow Account With respect to those Mortgage Loans on which the Servicer or any Sub-Servicer collects Escrow Payments, if any, the Servicer shall, and shall cause the Sub-Servicer to, segregate and hold all funds collected and received pursuant to each such Mortgage Loan which constitute Escrow Payments separate and apart from any of its own funds and general assets and shall establish and maintain one or more Escrow Accounts, in the form of trust accounts. Such Escrow Accounts shall be established with a commercial bank, a mutual savings bank or a savings and loan association the deposits of which are insured by the FDIC in a manner which shall provide maximum available insurance thereunder, and which may be drawn on by the Servicer. The Servicer shall give notice to the Trustee of the location of any Escrow Account, and of any change thereof, prior to the use thereof. Nothing in this paragraph shall be deemed to require the Servicer to collect Escrow Payments in the absence of a provision in the related Mortgage requiring such collection. The Servicer shall deposit, or cause to be deposited, in any Escrow Account or Accounts on a daily basis, and retain therein, (i) all Escrow Payments collected on account of any Mortgage Loans, for the purpose of effecting timely payment of any such items as required under the terms of this Agreement and (ii) all amounts representing proceeds of any hazard insurance policy which are to be applied to the restoration or repair of any Mortgaged Property. The Servicer shall make withdrawals therefrom only to effect such payments as are required under this Agreement, and for such other purposes as are set forth in Section 5.11. The Servicer shall be entitled to retain any interest paid on funds deposited in the Escrow Account by the depository institution other than interest on escrowed funds required by law to be paid to the related Mortgagor and, to the extent required by law, the Servicer shall pay interest on escrowed funds to the related Mortgagor notwithstanding that the Escrow Account is non-interest-bearing or that interest paid thereon is insufficient for such purposes.

  • Initial Reserve Account Deposit On the Closing Date, the Depositor will deposit or cause to be deposited the Specified Reserve Balance into the Reserve Account from the net proceeds of the sale of the Notes.

  • Deposits into the Escrow Account All Subscribers will be directed by the Issuer and its agents to transmit their data and subscription amounts via Escrow Agent’s technology systems (“Issuer Dashboard”), directly to the Escrow Account to be held for the benefit of Subscribers in accordance with the terms of this Agreement and applicable regulations. All Subscribers will transfer funds directly to the Escrow Agent for deposit into the Escrow Account. Escrow Agent shall process all subscription amounts for collection through the banking system, shall hold Escrow Amounts, and shall maintain an accounting of each such subscription amount posted to its ledger, which also sets forth, among other things, each Subscriber’s name and address, the quantity of Securities purchased, and the amount paid. All subscription amounts which have cleared the banking system, are hereinafter referred to as the “Escrow Amount”. No interest shall be paid to Issuer or Subscribers on balances in the Escrow Account. Issuer shall promptly, concurrent with any new or modified subscription agreement (each a “Subscription Agreement”) and/or Offering materials, provide Escrow Agent with a copy of such revised documents and other information as may be reasonably requested by Escrow Agent which is necessary for the performance of its duties under this Agreement. Escrow Agent is under no duty or responsibility to enforce collection of any subscription amounts whether delivered to it or not hereunder. Issuer shall cooperate with Escrow Agent with clearing any and all AML and funds processing exceptions. Funds Hold; Clearing, Settlement and Risk Management Policy: All parties agree that Subscriber funds are considered “cleared” as follows: * Wires — 24 hours (one business day) following receipt of funds; *ACH — 10 days following receipt of funds; *Credit and Debit Cards – 24 hours (one business day) following receipt of funds. For subscription amounts received through ACH transfers, Federal regulations provide Subscribers with the right to recall, cancel or otherwise dispute the transaction for a period of up to 60 days following the transactions. Similarly, subscription amounts processed by credit or debit card transactions are subject to recall, chargeback, cancellation or other dispute for a period of up to 180 days following the transaction. As an accommodation to the Issuer and Broker, subject to the terms of this Agreement, Escrow Agent shall make subscription amounts received through ACH fund transfers available starting 10 calendar days following receipt by Escrow Agent of the subscription amounts and 24 hours following receipt of funds for credit and debit card transactions. Notwithstanding the foregoing, all cleared subscription amounts remain subject to internal compliance review in accordance with internal procedures and applicable rules and regulations. Escrow Agent reserves the right to deny, suspend or terminate participation in the Escrow Account any Subscriber to the extent Escrow Agent, in its sole and absolute discretion, deems it advisable or necessary to comply with applicable laws or to eliminate practices that are not consistent with laws, rules, regulations or best practices. Prime Trust reserves the right to limit, suspend, restrict (including increasing clearing periods) or terminate the use of ACH, credit card and/or debit card transactions at its sole discretion. Without limiting the indemnification obligations under Section 11 of this Agreement, Issuer agrees that it will immediately indemnify, hold harmless and reimburse the Escrow Agent for any fees, costs or liability whatsoever resulting or arising from funds processing failures, including without limitation chargebacks, recalls or other disputes. Issuer acknowledges and agrees that the Escrow Agent shall not be responsible for or obligated to pursue collection of any funds from Subscribers.

  • Escrow Deposit Concurrently with the execution and delivery of this Agreement, the Holder will deliver [the sum of ____________________ Dollars ($_____________) in lawful money of the United States of America by wire transfer of immediately available funds] [and] [[ ] Class A Trust Certificates] [and] [[ ] Class B Trust Certificates] in accordance with Section 14 of the Series Supplement] (the "Escrow Deposit"), to Escrow Agent to be held by Escrow Agent in escrow on the terms and conditions hereinafter provided. Escrow Agent hereby acknowledges receipt of the Escrow Deposit. Any cash amounts in the Escrow Deposit may be increased or decreased in accordance with the terms of Section 2.02(i)(vi) of the Warrant Agreement and the terms of this agreement will apply with equal force and effect to any such increased or decreased cash amounts in the Escrow Deposit.

  • Additional Deposits (a) The Servicer and the Seller, as applicable, shall deposit or cause to be deposited in the Collection Account on the Determination Date on which such obligations are due the aggregate Purchase Amount with respect to Purchased Receivables and the aggregate Sale Amounts with respect to Sold Receivables.

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