Rata Share. The Selling Key Shareholder shall indicate on such notice the number of shares of Stock it then holds that it wishes to sell pursuant to this Section 4 (the “Selling Key Shareholder Shares”). The sale of the Selling Key Shareholder Shares shall occur within twenty-five (25) days from the beginning of the Co–Sale Period (the “Closing”). This Right of Co–Sale shall not apply with respect to Offered Stock sold to the Company or a Key Shareholder pursuant to the Right of First Refusal.
Rata Share. Subject to the terms of this Agreement, the Borrowers may borrow, repay and reborrow Acquisition Facility Loans at any time prior to December 31, 1999. On December 31, 1999, the Borrower's option to borrow and reborrow Acquisition Facility Loans shall terminate, the Aggregate Acquisition Facility Commitment shall be reduced to zero and the outstanding principal balance of the Acquisition Facility Loans shall be repaid in sixteen (16) equal consecutive quarterly installments of principal, payable on the last Business Day of each fiscal quarter of the Borrower, commencing on December 31, 1999 and continuing thereafter until the Tranche A Term Loan Termination Date, and the Acquisition Facility Loans shall be permanently reduced by the amount of each installment on the date payment thereof is made hereunder. Notwithstanding the foregoing, the final installment shall be in the amount of the then outstanding principal balance of the Acquisition Facility Loans. In addition, the then outstanding principal balance of all Acquisition Facility Loans, if any, shall be due and payable on the Tranche A Term Loan Termination Date."
Rata Share. All accrued commitment fees to, but not including, the effective date of any reduction or termination of Commitments shall be paid on the effective date of such reduction or termination.
Rata Share. The Buyer and Seller shall fund, each in accordance with its respective Pro-Rata Share, any retainers, advances, and regular invoices required or sent by the counsel employed for such enforcement (such amounts to be credited or deducted from the actual amounts owed by the either Buyer or Seller under the immediately preceding sentence) and each party shall reimburse the other party for such party’s costs or expenses that are not satisfied out of the Proceeds of such enforcement and are in excess of such party’s Pro-Rata Share. Nothing contained herein shall limit the Buyer from retaining, at its expense, separate outside counsel who shall be permitted, where reasonably practical, to consult with the lead counsel selected by the Seller for such enforcement.
Rata Share. Wherever pro-rata share is mentioned in this lease, pro-rata share shall be defined as the ratio of the LESSEES' demised area as compared to the total net rentable area of the building of which the demised area is a part. Subject to increase under LESSEE'S "Option to Lease Additional Space," LESSEE's pro-rata share of the building of which the demised premises is a part is 33%.
Rata Share. Each Lender shall remit its Pro-Rata Share of the Swingline Loan to Administrative Agent promptly on demand. All interest payable with respect to such Lender's Pro-Rata Share of the Swingline Loan shall be for the account of Administrative Agent to the date such remittance is made, and shall be for the account of and remitted by Administrative Agent to such Lender as a participant from such date. Further, until such remittance is made, such Lender shall pay to Administrative Agent, on demand, interest on such Lender's Pro-Rata Share of the Swingline Loan at the Federal Funds Rate, and such Lender shall be subject to the restrictions contained in the last sentence of the preceding subsection.
Rata Share. The Offering Party shall have the right to Transfer pursuant to the third party’s offer, the total number of Shares to be acquired by the third party, minus the number thereof to be sold by the Offeree Party exercising its tag along rights pursuant to this Section 7 and the immediately preceding sentence.
Rata Share. All fees accrued with respect thereto until the effective date of any termination of the Aggregate Revolving Commitments shall be paid on the effective date of such termination.
Rata Share. As to any other payment, and as to all payments made when a Default or Event or Default has occurred and is continuing or following the Maturity Date, Borrower hereby irrevocably waives the right to direct the application of any and all payments received from or on behalf of Borrower, and Borrower hereby irrevocably agrees that Agent shall have the continuing exclusive right to apply any and all such payments against the Obligations as Agent may deem advisable notwithstanding any previous entry by Agent in the Loan Account or any other books and records. Except as otherwise expressly set forth herein, payments shall be applied by Agent to amounts then due and payable in the following order: (1) to Fees and Agent's expenses reimbursable hereunder; (2) to interest on the Loans; (3) to the outstanding principal balance of the Loans; and (4) to all other Obligations, including expenses, of the Lenders to the extent reimbursable hereunder.
Rata Share. For purposes of the above computation, the Rentable Square Feet of the Property is Fifty Nine Thousand Five Hundred Twenty Three (59,523) square feet, subject to change 3 based upon remeasurement and/or expansion of the Property. As to any calendar year a portion only of which is contained in the Term, Tenant's obligation for Additional Rent shall be prorated on the basis of the actual number of days in the portion of such calendar year contained in the Term. Tenant shall pay to Landlord Additional Rent in the following manner: During the first calendar year, or the portion of the year commencing on the Delivery Date, of this Lease, Tenant shall pay to Landlord on the first day of each calendar month one-twelfth (1/12) of the amount as estimated by Landlord. If operating expenses increase so that Tenant's Pro-Rata Share exceeds the amount paid by Tenant during any year, then the foregoing amount may be adjusted by Landlord at the end of any calendar year on the basis of Landlord's experience and/or reasonably anticipated cost. Within a reasonable time following the end of each calendar year, Landlord shall furnish Tenant a statement covering the calendar year just expired, certified as correct by a certified public accountant or an officer of Landlord, showing the total operating expenses, Tenant's Pro-Rata Share of operating expenses for such calendar year and the payments made by Tenant with respect to such calendar year as set forth in this paragraph. If said operating expenses exceed Tenant's payments so made, Tenant shall pay Landlord the deficiency within ten (10) days after receipt of said statement. If said payments exceed Tenant's Pro-Rata Share of operating expenses, Tenant shall be entitled to offset the excess against payments thereafter to become due to Landlord as set forth in this paragraph. During the initial Term of the Lease, Tenant's pro-rata share of the Operating Expenses, excluding insurance, shall not exceed the Operating Expense Cap set forth in Section 1.1 above.
