Capped Expenses definition
Examples of Capped Expenses in a sentence
Annual Capped Expenses shall not include uncontrollable expenses as defined as follows: “Uncontrollable Expenses” shall mean those expenses that, in Landlord’s reasonable discretion and judgment, may be subject to increase which are outside the Landlord’s control which shall include but are not limited to any expenses relating to (i) snow plowing and salting, (ii) insurance, and (iii) utilities.
Accordingly, for 2009 and each subsequent calendar year of the Term, the amount of the Capped Expenses shall in no event be greater the Capped Expenses for the 2008 calendar year (the “Initial Amount”) multiplied by a number of factors of 1.05 equal to the number of calendar years from 2008 to the year for which Capped Expenses are being determined.
For example, the amount of the Capped Expenses used in calculating Tenant’s Percentage shall not be greater than the following amounts: in 2009, the Initial Amount times 1.05; in 2010, the Initial Amount times 1.05 times 1.05; in 2011, the Initial Amount times 1.05 times 1.05 times 1.05; etc.
The amounts required to be set forth on Parts I and II of Schedule 3.18(b) are referred to as the "Capped Expenses"; provided that the Capped Expenses shall not include amounts that are paid in shares of Company Common Stock prior to the Closing.
However, if the Company elects not to move forward with the Financing once it is determined that the minimum valuation referenced herein is obtainable then HFG shall be entitled to have all Capped Expenses paid on the Company’s behalf as of the date the Company elects not to move forward reimbursed by the Company.