Operating Fund Payments definition

Operating Fund Payments refer to such payments as Landlord shall reasonably determine to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Section. In the event that operating fund payments are so demanded, and if the aggregate of said operating fund payments is not adequate to pay Tenant's share of operating expenses, Tenant shall pay to Landlord the amount by which such aggregate is less than the amount of said share, such payment to be due and payable at the time set forth above. Any surplus operating fund payments shall be accounted for to Tenant after such surplus has been determined, and shall be refunded to Tenant promptly.
Operating Fund Payments refer to such payments as Landlord shall determine to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Section. In the event that Operating Fund Payments are so demanded, and if the aggregate of said Operating Fund Payments is not adequate to pay Tenant’s Proportionate Share of Taxes and Operating Expenses, Tenant shall pay to Landlord the amount by which such aggregate is less than the amount of said share, such payment to be due and payable at the time set forth above. Any surplus Operating Fund Payments shall be accounted for to Tenant after such surplus has been determined, and may be credited by Landlord against future Operating Fund Payments or refunded to Tenant at Landlord’s option. Notwithstanding anything to the contrary in this Section 6.4, “Taxes and Operating Expenses.”, Operating Expenses shall not include any of the following, except as otherwise specifically provided for above in item (3) above in the first paragraph of this Section 6.4, “Operating Expenses”:
Operating Fund Payments shall refer to such payments as Landlord shall determine from time to time to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Lease, including, without limitation, Landlord’s Costs. In the event that Landlord determines at any time and from time to time that the amount then set for the payment of Operating Fund Payments will not be adequate to pay all payments required from Tenant under this Lease, Landlord may increase the amount of subsequent Operating Fund Payments as applicable and Tenant shall pay the Operating Fund Payments as so adjusted. Landlord shall, deliver to Tenant an annual statement (the "Landlord's Annual Statement") of Landlord's Costs and Operating Fund Payments for the immediately preceding calendar year. Landlord's Annual Statement shall be delivered to Tenant as soon as reasonably practical after Landlord's compilation of the required information. Upon Tenant's receipt of Landlord's Annual Statement, either (a) Tenant shall pay to Landlord the amount by which Landlord's Costs exceed the Operating Fund Payments for the applicable calendar year or (b) Landlord shall account to Tenant for the amount by which the Operating Fund Payments exceed Landlord's Costs for the applicable calendar year (which excess amount may be credited by Landlord against future Operating Fund Payments or refunded to Tenant at Landlord's option). Provided Tenant is not then in default and is current with all payments required under this Lease (including, without limitation, all Operating Fund Payments), Tenant shall have the right to request that Landlord make available to Tenant and allow Tenant to copy such information as is reasonably available to Landlord and reasonably necessary for the purpose of allowing Tenant to verify the information contained in Landlord's Annual Statement ("Annual Statement Information"). If Landlord does not receive such Tenant request within thirty (30) days after providing Tenant with Landlord's Annual Statement, then Tenant's right to receive any Annual Statement Information and to contest Landlord's Annual Statement shall be deemed waived. If Tenant's request for the Annual Statement Information is timely received by Landlord, then within 30 days after Landlord's receipt of Tenant's request, the Annual Statement Information shall be made available to Tenant at Landlord's offices or, at Landlord's election, the place where Landlord ke...

Examples of Operating Fund Payments in a sentence

  • The establishment of a First Six Month Operating Fund Payments Reserve in the amount of $90,000.00 to be used to pay the sinking fund payments during the first six months of the project.

  • The establishment of a First Six Month Operating Fund Payments Reserve in the amount of $125,000.00 to be used to pay the sinking fund payments during the first six months of the project.

  • Landlord shall, deliver to Tenant an annual statement (the "Landlord's Annual Statement") of Landlord's Costs and Operating Fund Payments for the immediately preceding calendar year.

  • In the event that Landlord determines at any time and from time to time that the amount then set for the payment of Operating Fund Payments will not be adequate to pay all payments required from Tenant under this Lease, Landlord may increase the amount of subsequent Operating Fund Payments as applicable and Tenant shall pay the Operating Fund Payments as so adjusted.

  • No such request shall extend the time within which Tenant is required to pay any amounts shown in Landlord's Annual Statement or any Operating Fund Payments.

  • Sublandlord may terminate this Sublease upon written notice to Subtenant, repossess and re-let the Subleased Premises, in which case Sublandlord shall be entitled to recover as full and final liquidated damages a lump sum equal to the amount of Fixed Rent, Real Estate Taxes, Landlord’s Costs and Operating Fund Payments remaining to be paid by Subtenant for what would have been the balance of the Term.

  • In addition to all other Additional Rent set forth in this Sublease, Subtenant shall pay to Sublandlord as Additional Rent hereunder all of such Real Estate Taxes, Utility Charges, Operating Fund Payments and estimated payments thereof payable by Sublandlord to Master Landlord.

  • Section 305(b) of the Magnuson–Stevens Fishery Conservation and Management Act (MSA) directs federal agencies to consult with NMFS on all actions or proposed actions that may adversely affect essential fish habitat (EFH).

  • In addition to the Fixed Rent due hereunder, Subtenant shall also pay to Sublandlord “Subtenant’s Share” (as hereinafter defined) of any additional rent on account of Real Estate Taxes, Landlord’s Costs, and Operating Fund Payments (collectively, “Direct Expenses”) as defined in the Overlease, on an estimated basis (in accordance with the terms and conditions of the Overlease, and subject to the annual reconciliation provisions thereof) for each year of the Term (the “Sublease Direct Expenses”).

  • Subtenant acknowledges that Sublandlord is required to pay to Master Landlord its Proportionate Share of "Real Estate Taxes" and as well for Tenant's charges for "Utilities" and for "Operating Fund Payments" and estimated payments thereof under the Prime Lease.


More Definitions of Operating Fund Payments

Operating Fund Payments shall refer to such payments as Landlord shall determine from time to time to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Lease. In the event that Landlord determines at any time that the Operating Fund Payments will not be adequate to pay all payments required from Tenant under this Lease, Landlord may increase the Operating Fund Payments by the required amount and Tenant shall pay the Operating Fund Payments as so adjusted. Any surplus Operating Fund Payments shall be accounted for to Tenant after such surplus has been determined, and may be credited by Landlord against future Operating Fund Payments or refunded to Tenant at Landlord's option.
Operating Fund Payments refer to such payments as Landlord shall determine to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Section. In the event that Operating Fund Payments are so demanded, and if the aggregate of said Operating Fund Payments is not adequate to pay Tenant's Proportionate Share of Operating Expenses, Tenant shall pay to Landlord the amount by which such aggregate is less than the amount of said share, such payment to be due and payable at the time set forth above. Any surplus Operating Fund Payments shall be accounted for to Tenant after such surplus has been determined, and may be credited by Landlord against future Operating Fund Payments or refunded to Tenant at Landlord's option.
Operating Fund Payments shall refer to such payments as Landlord shall reasonably determine to be sufficient to provide in the aggregate a fund adequate to pay, when they become due and payable, all payments required from Tenant under this Section. In calculating operating fund payments, Landlord shall take into account the operating expenses incurred in the previous year. In the event that the aggregate of said operating fund payments is not adequate to pay Tenant's share of operating expenses, Tenant shall pay to Landlord the amount by which such aggregate is less than the amount of said share, such payment to be due and payable at the time set forth above. Any surplus operating fund payments shall be accounted for to Tenant after such surplus has been determined, and shall be credited by Landlord against future operating fund payments except that if such surplus operating fund payment exceeds $1,500.00, it shall on Tenant's demand be refunded to Tenant. If such surplus fund payment exceeds the amount that should have been paid by more than ten percent (10%), Landlord shall pay to, or credit Tenant (as the case may be) with interest on such surplus at an annual rate of interest equal to two percent (2%) greater than the prime rate of interest, so-called, of the BankBoston, N.A., in effect at the time. In the event of a dispute between Landlord and Tenant as to the propriety in the amount or nature of any operating expense Landlord has requested Tenant to. pay, Tenant shall pay the same at the time called for hereunder as if the same were properly due, but upon notice from Tenant to Landlord, the matter shall be submitted to arbitration in a manner reasonably consistent with the provisions of Exhibit C, hereto.

Related to Operating Fund Payments

  • Sinking Fund Payment means, with respect to a particular Series, as of any particular date of calculation, the amount required to be paid in all events by the Corporation on a single future date for the retirement of Outstanding Bonds which mature after said future date, but does not include any amount payable by the Corporation by reason of the maturity of a Bond or by call for redemption at the election of the Corporation.

  • Sinking Fund Provisions [No sinking fund provisions] [The Designated Securities are entitled to the benefit of a sinking fund to retire $ principal amount of Designated Securities on in each of the years through at 100% of their principal amount plus accrued interest] [, together with [cumulative] [non-cumulative] redemptions at the option of the Company to retire an additional $ principal amount of Designated Securities in the years through at 100% of their principal amount plus accrued interest.] [If Designated Securities are Extendable Debt Securities, insert-- Extendable Provisions: The Designated Securities are repayable on , at the option of the holder, at their principal amount with accrued interest. The initial annual interest rate will be %, and thereafter the annual interest rate will be adjusted on , , and to a rate not less than % of the effective annual interest rate on obligations with year maturities as of the [interest date 15 days prior to maturity date] prior to such [insert maturity date].] [If Designated Securities are Floating Rate Debt Securities, insert-- Floating Rate Provisions: The initial annual interest rate will be % through [and thereafter will be adjusted [monthly] [on each , , and ] [to an annual rate of % above the average rate for -year [-month] [securities] [certificates of deposit] by and [insert names of banks].] [and the annual interest rate [thereafter] [from through ] will be the interest yield equivalent of the weekly average per annum market discount rate for -month Treasury bills plus % of the Interest Differential (the excess, if any, of (i) the then-current weekly average per annum secondary market yield for -month certificates of deposit over (ii) the then-current interest yield equivalent of the weekly average per annum market discount rate for -month Treasury bills); [from and thereafter the rate will be the then-current interest yield equivalent plus % of the Interest Differential].] 23

  • mandatory sinking fund payment has the meaning specified in Section 12.1.

  • Sinking Fund Account means the sinking fund account established and held by the Treasurer of Charleston County designed to provide for the payment of the principal of, premium, if any, and interest on the Bonds, as the same respectively fall due.

  • Sinking Fund Installment means, as of any particular date of calculation, the amount required, as of such date of calculation, to be paid by the Authority on a future date for the retirement of Outstanding Bonds which are stated to mature subsequent to such future date, but does not include any amount payable by the Authority by reason only of the maturity of a Bond.

  • Sinking Fund Redemption Date Has the meaning specified in Section 6.06 of the Indenture.

  • Reserve Fund Property means, the Reserve Fund Initial Deposit and all proceeds thereof and all other amounts deposited in or credited to the Reserve Fund from time to time under this Agreement, all Eligible Investments made with amounts on deposit therein, all earnings and distributions thereon and proceeds thereof.

  • Operating Fund means a fund in which the revenues and expenditures are subject to appropriation control.

  • Sinking Fund means each Sinking Fund Subaccount under the Indenture. To the extent necessary for compliance with the Authority’s tax covenants and other provisions of the Indenture and the Act, the Authorized Officers of the Authority may subdivide each such subaccount in respect of separate categories or issues of Sinking Fund Bonds.

  • optional sinking fund payment has the meaning specified in Section 12.1.

  • Bond Payment Date means any date on which principal of or interest on any Bond is payable.

  • Fund Property means the property and assets of the Fund.

  • Independent Fund Trustee means a trustee of the Trust who is not an “interested person” as that term is defined in Section 2(a)(19) of the 1940 Act.

  • Participating Funds means those Funds that are parties to a particular repurchase transaction effected through the Joint Trading Account.

  • Participating Fund means each Fund, including, as applicable, any series thereof, specified in Exhibit A, as such Exhibit may be amended from time to time by agreement of the parties hereto, the shares of which are available to serve as the underlying investment medium for the aforesaid Contracts.

  • Investing Fund any Fund investing Cash Balances and/or Cash Collateral in an Affiliated Money Market Fund; and

  • Trust Fund Expenses shall have the meaning assigned to such term in the Lead Securitization Servicing Agreement.

  • Matching Funds means the amount and nature of the moneys or resources to be used by the Local Political Subdivision or Nonprofit Organization for the Project. Such funds shall constitute not less than twenty-five percent (25%) of the total Cost of Project set forth in Appendix D and may consist of money by any person, any Local Political Subdivision, the State of Ohio, or the federal government or of contributions in-kind by such parties through purchase or donation of equipment, land, easements, labor, or materials necessary to complete the Project.

  • Buydown Fund Account A separate account or accounts created and maintained pursuant to Section 3.02 (a) with the corporate trust department of the Trustee or another financial institution approved by the Master Servicer, (b) within FDIC insured accounts (or other accounts with comparable insurance coverage acceptable to the Rating Agencies) created, maintained and monitored by a Servicer or (c) in a separate non-trust account without FDIC or other insurance in an Eligible Institution. Such account or accounts may be non-interest bearing or may bear interest. In the event that a Buydown Fund Account is established pursuant to clause (b) of the preceding sentence, amounts held in such Buydown Fund Account shall not exceed the level of deposit insurance coverage on such account; accordingly, more than one Buydown Fund Account may be established.

  • Independent Fund Director means an independent director of an investment company advised by Invesco.

  • Additional Trust Fund Expense Any expense of the Trust Fund that (i) arises out of a default on a Mortgage Loan or a Serviced Pari Passu Companion Loan or an otherwise unanticipated event, (ii) is not included in the calculation of a Realized Loss, (iii) is not covered by a Servicing Advance or a corresponding collection from the related Borrower, and (iv) is not covered by Default Charges collected on the Mortgage Loans to the extent provided herein.

  • Underlying Funds means open-end investment companies registered under the 1940 Act within the ING fund complex. The term, “fund complex” shall have the same meaning as defined in Item 17 of Form N-1A, as it was in effect on May 7, 2013.

  • Additional Trust Fund Expenses (i) Special Servicing Fees, Workout Fees and Liquidation Fees, (ii) interest in respect of unreimbursed Advances, (iii) the cost of various default-related or unanticipated Opinions of Counsel required or permitted to be obtained in connection with the servicing of the Mortgage Loans and the administration of the Trust Fund, (iv) unanticipated, non-Mortgage Loan specific expenses of the Trust Fund, including indemnities and expense reimbursements to the Trustee, the Certificate Administrator, the Master Servicer, the Special Servicer, the Operating Advisor, the Asset Representations Reviewer and the Depositor and federal, state and local taxes, and tax-related expenses, specifically payable out of the Trust Fund, (v) any fees or expenses that are expressly designated as an Additional Trust Fund Expense pursuant to any provision of this Agreement and (vi) any other default-related or unanticipated expense of the Trust Fund that is not covered by a Property Advance and for which there is no corresponding collection from a Mortgagor.