Common use of Rents Clause in Contracts

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, retain for thirty (30) days after the Closing Date, the right to receive any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or ▇▇▇ to evict any tenants or terminate any Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to Closing Date.

Appears in 8 contracts

Sources: Purchase and Sale Agreement, Purchase and Sale Agreement (Griffin-American Healthcare REIT IV, Inc.), Purchase and Sale Agreement (Griffin-American Healthcare REIT IV, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Tenant Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Tenant Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants tenants or exercise any legal remedies under the Tenant Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period periods prior to Closing Date; provided, however, notwithstanding the foregoing, if Seller collects any payments from tenants after the Closing Date through its own collection efforts, Seller may first apply such payments to rent due Seller for the period prior to the Closing Date.

Appears in 7 contracts

Sources: Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Tenant Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Tenant Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants tenants or exercise any legal remedies under the Tenant Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period periods prior to Closing Date; provided, however, notwithstanding the foregoing, if Seller collects any payments from tenants after the Closing Date through its own collection efforts, Seller may first apply such payments to rent due Seller for the period prior to the Closing Date.

Appears in 2 contracts

Sources: Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.), Real Estate Purchase Agreement (Griffin-American Healthcare REIT III, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, retain for thirty (30) days after the Closing Date, the right to receive any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or ▇▇▇ to evict any tenants or terminate any Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to Closing Date.

Appears in 2 contracts

Sources: Asset Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.), Asset Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)

Rents. Buyer will receive a credit at Closing closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or ▇▇▇ does not seek to evict any tenants or tenants, terminate any Leases, exercise any remedies under a Lease or otherwise commence any legal proceedings against a tenant. Buyer shall cooperate with Seller after the Closing Date to collect any unpaid rent under the Leases which has accrued as of the Closing DateClosing; provided, however, Buyer shall not be obligated to s▇▇ any Residents or Tenants tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to the Closing Datemonth; Buyer receive a credit for any free or partially abated rent under the Leases. With respect to delinquent rents and other amounts or rights of any kind respecting tenants who are no longer tenants of the Property as of the Closing, Seller shall retain all rights relating thereto.

Appears in 1 contract

Sources: Purchase and Sale Agreement (American Realty Capital - Retail Centers of America, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Developed Land Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Developed Land Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants until these sums are paid, and Developed Land Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Developed Land Seller has no right to directly collect, contact or ▇does not s▇▇ to evict any tenants or terminate any Leases. Buyer shall cooperate with Developed Land Seller after the Closing Date to collect any rent under the Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to s▇▇ any Residents or Tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Developed Land Seller for the period prior to Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (NorthStar Healthcare Income, Inc.)

Rents. Buyer will receive a credit at the Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller at Closing for accrued and unpaid rent or any other non-current sums due from Residents or Tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, retain for thirty (30) days after the Closing Date, the right to receive any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or shall not ▇▇▇ any Tenant (including any suit to evict any tenants same), or terminate any LeasesLeases without Buyer’s prior written approval thereof from and after the expiration of the Inspection Period, which approval shall not be unreasonably withheld. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Leases which has accrued as of the Closing Dateand which has not theretofore been paid or otherwise credited to Seller; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection procedures or expenses. All payments collected from Residents and Tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to Closing; payments collected by either party after Closing Dateshall be paid over to the party entitled thereto under this Section 7.7.1.2 within five (5) business days after receipt thereof (which obligation shall survive the Closing).

Appears in 1 contract

Sources: Purchase and Sale Agreement (NNN 2003 Value Fund LLC)

Rents. Buyer Notwithstanding anything to the contrary in Section 16.3 above, rents under the Leases (collectively, “Rents”), shall be addressed in the manner set forth in this Section 16.4. Purchaser will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Leases. Buyer Purchaser shall cooperate with Seller after the Closing Date to collect any rent under the Leases which has accrued as of the Closing Date; provided, however, Buyer Purchaser shall not be obligated to ▇▇▇ any Residents or Tenants tenants or exercise any legal remedies under the Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer Purchaser for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period periods prior to Closing Date; provided, however, notwithstanding the foregoing, if Seller collects any payments from tenants after the Closing Date through its own collection efforts, Seller may first apply such payments to rent due Seller for the period prior to the Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT II, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Tenant Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Tenant Leases which has accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants or exercise any legal remedies under the Tenant Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period periods prior to Closing Date; provided, however, notwithstanding the foregoing, if Seller collects any payments from Tenants after the Closing Date through its own collection efforts, Seller may first apply such payments to rent due Seller for the period prior to the Closing Date.

Appears in 1 contract

Sources: Real Estate Purchase Agreement (Griffin-American Healthcare REIT IV, Inc.)

Rents. Buyer will receive a credit at Closing for all rents and other revenue generated from the ownership and operation of the Property collected by Seller prior to the Closing Date and allocable that are attributed to the period from and after month in which the Closing Date occurs. Such rents shall be prorated based upon the period of Buyer’s ownership and the actual number of days in the month. No credit shall be given to the Seller for accrued and unpaid rent or any other non-current sums due from Residents or Tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Tenant Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under the Tenant Leases which has accrued as of the Closing DateClosing; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants or exercise any legal remedies under the Tenant Leases or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants after the Closing Date whether by Seller or Buyer shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to Closing DateClosing.

Appears in 1 contract

Sources: Purchase and Sale Agreement (G Reit Inc)

Rents. Buyer will receive a credit at Closing closing for all rents and (other revenue generated from the ownership and operation of the Property than CAM Charges) collected by Seller prior to the Closing Date and allocable to the period from and after the Closing Date based upon the actual number of days in the month. No credit shall be given to Seller for accrued and unpaid rent or any other non-current sums due from Residents or the Tenants until these sums are paid, and Seller shall, subject to the last sentence of this paragraph, shall retain for thirty (30) days after the Closing Date, the right to receive collect any such rent collected by Buyer for the benefit of Seller; provided Seller has no right to directly collect, contact or does not ▇▇▇ to evict any tenants or terminate any Leases. Buyer shall cooperate with Seller after the Closing Date to collect any rent under Leases the Leases, which has have accrued as of the Closing Date; provided, however, Buyer shall not be obligated to ▇▇▇ any Residents or Tenants Tenant, or exercise any legal remedies under the Leases any Lease or to incur any expense over and above its own regular collection expenses. All payments collected from Residents and Tenants the Tenants, after the Closing Date shall first be applied to the month in which the Closing occurs, then to any rent due to Buyer for the period after the Closing Date through the month in which such payment was made, and finally to any rent due to Seller for the period prior to Closing Date; provided, however, notwithstanding the foregoing, if Seller collects any payments from Tenants, after the Closing Date through its own collection efforts, Seller may first apply such payments to rent due Seller for the period prior to the Closing Date.

Appears in 1 contract

Sources: Purchase and Sale Agreement (Grubb & Ellis Healthcare REIT II, Inc.)