Common use of Rental Amounts Clause in Contracts

Rental Amounts. Fixed Rent for the First Lease Year shall be at the rate of $1,560,000 per annum, payable in equal monthly installments of $130,000 (which monthly installments of Fixed Rent shall be pro-rated for the first and last months of the First Lease Year in accordance with Section 3.1.1 above). Without limitation of Section 28 below, each Tenant’s allocable share of Fixed Rent shall be equal to the product of (i) the Tenant’s Proportionate Share for such Tenant set forth on Schedule 2 attached hereto; and (ii) the Fixed Rent due hereunder, as applicable. Commencing upon the commencement of the second (2nd) Lease Year of the Initial Term, and upon the commencement of each Lease Year thereafter during the Initial Term, the Fixed Rent for such Lease Year shall be an amount equal to the sum of (x) the Prior Period Fixed Rent applicable to such Lease Year, plus (y) the product of (a) the Prior Period Fixed Rent applicable to such Lease Year and (b) provided the Rent Escalation Condition has been satisfied with respect to such Lease Year, the amount equal to the greater of (1) two percent (2%) (in the case of Lease Years 2 through 5) and three percent (3%) (in the case of each Lease Year during the Initial Term after Lease Year 5); or (2) seventy-five percent (75%) of the CPI Increase, expressed as a percentage, for such Lease Year for which such calculation is being performed. Notwithstanding anything contained herein to the contrary, if the Rent Escalation Condition fails with respect to any one or more Lease Years during the Term, the Fixed Rent determined for the next Lease Year with respect to which the Rent Escalation Condition is satisfied shall be determined as if the Rent Escalation Condition had been satisfied for all previous Lease Years and the Fixed Rent had been escalated pursuant to, and in accordance with, the terms of this Section 3.1.2 for all prior Lease Years. By way of illustration only, if: (A) the Rent Escalation Condition has failed for both the second Lease Year and the third Lease Year of the respective Term; but (B) the Rent Escalation Condition is satisfied for the fourth Lease Year of the respective Term, the Fixed Rent for the fourth Lease Year shall be determined as if the Rent Escalation Condition for the two preceding Lease Years (and all other Lease Years) had been satisfied such that the Fixed Rent for that fourth Lease Year shall include, and be determined on the basis of, the Xxxxxxxxxxx Xxxxx escalations for all prior Lease Years which would have occurred pursuant to this Section 3.1.2 had the Rent Escalation Condition for all prior Lease Years been satisfied.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

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Rental Amounts. Fixed Rent for the First Lease Year shall be at the rate of was $1,560,000 4,473,500.00 per annum, payable in equal monthly installments of $130,000 (which monthly installments of Fixed Rent shall be pro-rated for the first and last months of the First Lease Year in accordance with 372,791.67, subject to Section 3.1.1 above). Without limitation of Section 1.3 above or Section 28 below, each Tenant’s allocable share of Fixed Rent shall be equal to the product of (i) the Tenant’s Proportionate Share for such Tenant set forth on Schedule 2 attached hereto; and (ii) the Fixed Rent due hereunder, as applicable. Commencing upon the commencement of the second (2nd) Lease Year of the Initial TermTerm the Fixed Rent for such Lease Year was, and upon the commencement of each Lease Year thereafter during the Initial Term, Term the Fixed Rent for such Lease Year shall be be, an amount equal to the sum of (x) the Prior Period Fixed Rent applicable to such Lease Year, plus (y) the product of (a) the Prior Period Fixed Rent applicable to such Lease Year and (b) provided the Rent Escalation Condition has been satisfied with respect to such Lease Year, the amount equal to 2.5%; provided, however, the greater of (1) two percent (2%) (in Fixed Rent for the case of first Lease Years 2 through 5) and three percent (3%) (in the case Year of each Lease Year during Extended Term and the Initial Term after Lease Year 5); or (2) seventy-five percent (75%) Fixed Rent for each of the CPI Increaseother Lease years of the second Extended Term, expressed if applicable, shall be determined as a percentage, for such Lease Year for which such calculation is being performedprovided in Section 43 below. Notwithstanding anything contained herein to the contrary, if the Rent Escalation Condition fails with respect to any one or more Lease Years during the TermYears, the Fixed Rent determined for the next Lease Year with respect to which the Rent Escalation Condition is satisfied shall be determined as if the Rent Escalation Condition had been satisfied for all previous Lease Years and the Fixed Rent had been escalated pursuant to, and in accordance with, the terms of this Section 3.1.2 for all prior Lease YearsYears (except for the Lease Years in the second Extended Term, which shall be determined as if the Fixed Rent had been escalated pursuant to Section 43.2.2 below). By way of illustration only, if: (A) the Rent Escalation Condition has failed for both the second Lease Year commencing as of April 1, 2007 and the third Lease Year commencing as of the respective TermApril 1, 2008; but (B) the Rent Escalation Condition is satisfied for the fourth Lease Year commencing as of the respective TermApril 1, 2009, the Fixed Rent for the fourth Lease Year commencing as of April 1, 2009 shall be determined as if the Rent Escalation Condition for the two preceding Lease Years (and all other Lease Years) had been satisfied such that the Fixed Rent for that fourth the Lease Year commencing as of April 1, 2009 shall include, and be determined on the basis of, the Xxxxxxxxxxx Xxxxx escalations for all prior Lease Years which would have occurred pursuant to this Section 3.1.2 had the Rent Escalation Condition for all prior Lease Years been satisfied. Further by way of illustration, if the Rent Escalation Condition is satisfied for each Lease Year, then the Fixed Rent for each Lease Year of the Initial Term shall be as set forth on Schedule 3.1.2 attached hereto and made a part hereof.

Appears in 1 contract

Samples: Master Lease Agreement (Assisted Living Concepts Inc)

Rental Amounts. Fixed Rent for the First Lease Year shall be at the rate of $1,560,000 5,962,500 per annum, payable by Tenant to Landlord in equal monthly installments of $130,000 (which monthly installments of Fixed Rent shall be pro-rated for the first and last months of the First Lease Year in accordance with Section 3.1.1 above)496,875. Without limitation of Section 28 below, each Each Tenant’s 's allocable share of Fixed Rent shall be equal to the product of (i) the Tenant’s 's Proportionate Share for such Tenant set forth on Schedule 2 attached heretohereto and made a part thereof; and (ii) the Fixed Rent due hereunder, as applicable. Notwithstanding anything contained herein to the contrary, the existence of a Tenant's Proportionate Share and the allocation of Fixed Rent described in the preceding sentence or elsewhere in this Lease does not change the joint and several nature of the obligation of each Tenant to pay Rent hereunder and otherwise perform the duties and obligations of Tenant hereunder (it being acknowledged that each Tenant shall be jointly and severally liable for any and all obligations of each other Tenant hereunder, including, but not limited to, each individual Tenant's obligations to pay Rent). Commencing upon the commencement of the second (2nd) Lease Year of the Initial Term, and upon the commencement of each Lease Year to occur thereafter during the Initial Term (including during Extended Terms except as noted below with respect to the first Lease Year in any Extended Term), the Fixed Rent for such Lease Year shall be an amount equal to the sum of (xi) the Prior Period Fixed Rent applicable to such Lease Year, plus Year and (yii) the product of (a) the Prior Period Fixed Rent applicable to such Lease Year and (b) provided the Rent Escalation Condition has been satisfied with respect to such Lease Year, the amount equal to the greater of (1x) two percent (2%) (in the case of Lease Years 2 through 5) and three percent (3%) (in the case of each Lease Year during the Initial Term after Lease Year 5); or (2y) seventy-five fifty percent (7550%) of the CPI Increase, expressed as a percentage, for such Lease Year for which such calculation is being performed; provided, however, that (i) the Fixed Rent for the first Lease Year of any Extended Term shall be in the amount determined and described in Section 1.3 above; and (ii) if the Rent Escalation Condition has not been satisfied with respect to such Lease Year (i.e. the Prior Period Operating Income for such Lease Year does not equal or exceed seventy-five percent (75%) of the Adjusted Base Year Operating Income allocable to the period for which the Prior Period Operating Income has been determined), the Fixed Rent for such Lease Year shall be equal to the Prior Period Fixed Rent. Notwithstanding anything contained herein to the contrary, if the Rent Escalation Condition fails with respect to any one or more Lease Years during the TermYears, the Fixed Rent determined for the next Lease Year with respect to which the Rent Escalation Condition is satisfied shall be determined as if the Rent Escalation Condition had been satisfied for all previous Lease Years and the Fixed Rent had been escalated pursuant to, and in accordance with, the terms of this Section 3.1.2 for all prior Lease Years. By way of illustration only, if: (Axx) the Rent Escalation Condition has failed for both the second Lease Year commencing as of November 1, 2006 and expiring as of October 31, 2007 and the third Lease Year commencing as of the respective TermNovember 1, 2007 and expiring October 31, 2008; but (Byy) the Rent Escalation Condition is satisfied for the fourth Lease Year commencing as of the respective TermNovember 1, 2008 and expiring as of October 31, 2009, the Fixed Rent for the fourth Lease Year commencing as of November 1, 2008 and expiring as of October 31, 2009 shall be determined as if the Rent Escalation Condition for the two preceding Lease Years (and all other Lease Years) had been satisfied such that the Fixed Rent for that fourth the Lease Year commencing as of November 1, 2008 and expiring as of October 31, 2009 shall include, and be determined on the basis of, the Xxxxxxxxxxx Xxxxx escalations for all prior Lease Years which would have occurred pursuant to this Section 3.1.2 had the Rent Escalation Condition for all prior Lease Years been satisfied.

Appears in 1 contract

Samples: Master Lease Agreement (Ventas Inc)

Rental Amounts. From and after the Commencement Date, Fixed Rent for the remainder of the First Lease Year shall be at the rate of $1,560,000 955,000 per annum, annum payable in equal monthly installments of $130,000 (which monthly installments of 79,583.33 per month. Fixed Rent shall be pro-rated for the first and last months of the First second (2nd) Lease Year in accordance with Section 3.1.1 above). Without limitation of Section 28 below, each Tenant’s allocable share of shall increase the Prior Period Fixed Rent shall be by an amount equal to the product of (i) the Tenant’s Proportionate Share for such Tenant set forth on Schedule 2 attached hereto; $173,100 per annum and (ii) the Fixed Rent due hereunder, as applicablefor the third (3rd) Lease Year shall increase the Prior Period Fixed Rent by an amount equal to $73,562 per annum. The Rent Escalation Condition need not be satisfied for the increases described in the immediately preceding sentence to occur. Commencing upon the commencement of the second fourth (2nd4th) Lease Year of the Initial Term, and upon the commencement of each Lease Year thereafter during the Initial Term, the Fixed Rent for such Lease Year shall be an amount equal to the sum of (x) the Prior Period Fixed Rent applicable to such Lease Year, plus (y) the product of (a) the Prior Period Fixed Rent applicable to such Lease Year and (b) provided the Rent Escalation Condition has been satisfied with respect to such Lease Year, the amount equal to the greater of (1) two percent (2%) (in the case of each of Lease Years 2 4 through 57) and or three percent (3%) (in the case of each Lease Year during the Initial Term after Lease Year 5); 7 but before the first Lease Year of any Extended Term) or (2) seventy-five percent (75%) of the CPI Increase, expressed as a percentage, for such Lease Year for which such calculation is being performedperformed or (3) in the case of any Lease Year in an Extended Term after the first Lease Year thereof, three percent (3%), provided, however, that, (A) in the case of the first Lease Year of the first Extended Term, the Fixed Rent for such Lease Year shall equal one hundred five percent (105%) of the Prior Period Fixed Rent for such Lease Year, and (B) in the case of the first Lease Year of the second Extended Term, the Fixed Rent for such Lease Year shall equal the greater of (1) one hundred three percent (103%) of the Prior Period Fixed Rent for such Lease Year or (2) the Fair Market Rental as determined in accordance with Section 43.2 and Section 43.3 hereof. Notwithstanding anything contained herein to the contrary, if the Rent Escalation Condition fails with respect to any one or more Lease Years during the TermYears, the Fixed Rent determined for the next Lease Year with respect to which the Rent Escalation Condition is satisfied shall be determined as if the Rent Escalation Condition had been satisfied for all previous Lease Years and the Fixed Rent had been escalated pursuant to, and in accordance with, the terms of this Section 3.1.2 for all prior Lease Years. By way of illustration only, if: (A) the Rent Escalation Condition has failed for both the second Lease Year commencing as of August 1, 2010 and the third Lease Year commencing as of the respective TermAugust 1, 2011; but (B) the Rent Escalation Condition is satisfied for the fourth Lease Year commencing as of the respective TermAugust 1, 2012, the Fixed Rent for the fourth Lease Year commencing as of August 1, 2012 shall be determined as if the Rent Escalation Condition for the two preceding Lease Years (and all other Lease Years) had been satisfied such that the Fixed Rent for that fourth the Lease Year commencing as of August 1, 2012 shall include, and be determined on the basis of, the Xxxxxxxxxxx Xxxxx escalations for all prior Lease Years which would have occurred pursuant to this Section 3.1.2 had the Rent Escalation Condition for all prior Lease Years been satisfied.

Appears in 1 contract

Samples: Master Lease Agreement (Emeritus Corp\wa\)

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Rental Amounts. Fixed Rent for the First Lease Year shall be at the rate of $1,560,000 1,800,000 per annum, payable in equal monthly installments of $130,000 (which monthly installments of Fixed Rent shall be pro-rated for the first and last months of the First Lease Year in accordance with Section 3.1.1 above)150,000. Without limitation of Section 28 below, each Tenant’s 's allocable share of Fixed Rent shall be equal to the product of (i) the Tenant’s 's Proportionate Share for such Tenant set forth on Schedule 2 attached hereto; and (ii) the Fixed Rent due hereunder, as applicable. Commencing upon the commencement of the second (2nd) Lease Year of the Initial Term, and upon the commencement of each Lease Year thereafter during the Initial Term, the Fixed Rent for such Lease Year shall be an amount equal to the sum of (x) the Prior Period Fixed Rent applicable to such Lease Year, plus (y) the product of (a) the Prior Period Fixed Rent applicable to such Lease Year and (b) provided the Rent Escalation Condition has been satisfied with respect to such Lease Year, the amount equal to the greater of (1) two percent (2%) (in the case of Lease Years 2 through 5) and three percent (3%) (in the case of each Lease Year during the Initial Term after Lease Year Amberleigh 5); or (2) seventy-five percent (75%) of the CPI Increase, expressed as a percentage, for such Lease Year for which such calculation is being performed. Notwithstanding anything contained herein to the contrary, if the Rent Escalation Condition fails with respect to any one or more Lease Years during the Term, the Fixed Rent determined for the next Lease Year with respect to which the Rent Escalation Condition is satisfied shall be determined as if the Rent Escalation Condition had been satisfied for all previous Lease Years and the Fixed Rent had been escalated pursuant to, and in accordance with, the terms of this Section 3.1.2 for all prior Lease Years. By way of illustration only, if: (A) the Rent Escalation Condition has failed for both the second Lease Year and the third Lease Year of the respective Term; but (B) the Rent Escalation Condition is satisfied for the fourth Lease Year of the respective Term, the Fixed Rent for the fourth Lease Year shall be determined as if the Rent Escalation Condition for the two preceding Lease Years (and all other Lease Years) had been satisfied such that the Fixed Rent for that fourth Lease Year shall include, and be determined on the basis of, the Xxxxxxxxxxx Xxxxx escalations for all prior Lease Years which would have occurred pursuant to this Section 3.1.2 had the Rent Escalation Condition for all prior Lease Years been satisfied.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

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