Common use of Holding Over Clause in Contracts

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 30 contracts

Samples: Hotel Lease Agreement, Hotel Lease Agreement (Apple REIT Ten, Inc.), Hotel Lease Agreement (Apple REIT Ten, Inc.)

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Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150125% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 11 contracts

Samples: Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT II, Inc.), Hotel Lease Agreement (Moody National REIT I, Inc.)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 7 contracts

Samples: Master Lease Agreement, Master Lease Agreement (Supertel Hospitality Inc), Master Lease Agreement (Supertel Hospitality Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the TermTerm with respect to such Leased Property, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 6 contracts

Samples: Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.), Lease Agreement (American Realty Capital Hospitality Trust, Inc.)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or earlier termination of the TermTerm hereof, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental each month 150% of month, the aggregate of (ai) one-twelfth of 150% multiplied by the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year month of the Term, (bii) all Additional Charges accruing during the applicable such month and (ciii) all other sums, if any, sums payable by Lessee under this Lease with respect pursuant to the Leased Propertyprovisions of this Lease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 6 contracts

Samples: Master Lease Agreement (Alterra Healthcare Corp), Lease (Brookdale Senior Living Inc.), Master Lease Agreement (Assisted Living Concepts Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 5 contracts

Samples: Consolidated Lease Agreement (Equity Inns Inc), Lease Agreement (Equity Inns Inc), Lease Agreement (RFS Hotel Investors Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all b)all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 5 contracts

Samples: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two (2) times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Summit Hotel OP, LP), Lease Agreement (Strategic Hotel Capital Inc), Lease Agreement (Strategic Hotel Capital Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all b)all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. ARTICLE ------- 20

Appears in 4 contracts

Samples: Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust), Lease Agreement (Hersha Hospitality Trust)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 4 contracts

Samples: Lease Agreement (Gadsden Growth Properties, Inc.), Lease Agreement (Capital Lodging), Lease Agreement (Ashford Hospitality Trust Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property Any holding over by Tenant after the expiration or earlier sooner termination of this Lease (other than with the Term, such possession express written consent of Landlord) shall be treated as a tenant tenancy at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of at a rate equal to (a) one and one-half (1.5) times one-twelfth of the aggregate Base Minimum Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month Accounting Period, and (c) all other sums, if any, payable by Lessee Tenant under this Lease with respect to the Leased PropertyProperty during the applicable Accounting Period. During Tenant shall also pay to Landlord all damages (direct or indirect) sustained by reason of any such periodholding over. Otherwise, Lessee such holding over shall be obligated to perform and observe all of on the terms, covenants terms and conditions of set forth in this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Propertyapplicable. Nothing contained herein shall constitute the consent, express or implied, of Lessor Landlord to the holding over of Lessee Tenant after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (HMC Merger Corp), Lease Agreement (Crestline Capital Corp), Lease Agreement (HMC Merger Corp)

Holding Over. If Lessee for any reason remains in possession of the ------------ Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Master Hotel Lease Agreement (Apple Hospitality Two Inc), Hotel Lease Agreement (Apple Suites Inc), Master Hotel Lease Agreement (Apple Hospitality Two Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Integrated Living Communities Inc), Lease Agreement (Ramsay Health Care Inc), Consent and Agreement (Grand Court Lifestyles Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% one hundred fifty percent of the aggregate of (a) one-twelfth (1/12) of the aggregate Base Rent and Percentage Rent payable with respect to the last full Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Felcor Lodging Trust Inc), Lease Agreement (Bristol Hotels & Resorts Inc), Lease Agreement (Felcor Suite Hotels Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of any portion of the Leased Property and/or any Capital Additions after the expiration or earlier termination of the Term, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental Minimum Rent for each month an amount equal to one hundred fifty percent (150% %) of the aggregate of (a) one-twelfth of the aggregate Base monthly Minimum Rent and Percentage Rent payable with respect applicable to the last Fiscal Year of the Termprior Lease Year, (b) together with all Additional Charges accruing during the applicable month and (c) all other sums, if any, sums payable by Lessee under pursuant to this Lease with respect to the Leased PropertyLease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased PropertyProperty and/or any Capital Additions. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Master Lease and Security Agreement (Brookdale Senior Living Inc.), Master Lease and Security Agreement (Brookdale Senior Living Inc.), Master Lease and Security Agreement (Hcp, Inc.)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Termterm of this Lease, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year year of the Termterm of this Lease, (b) all Additional Charges additional charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 3 contracts

Samples: Lease Agreement (Crescent Operating Inc), Lease Agreement (Crescent Real Estate Equities Inc), Lease Agreement (Crescent Real Estate Equities Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property or any part thereof after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of one hundred five percent (105%) of (a) one-twelfth (1/12th) of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies tenants at sufferance, to continue its continued occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Percentage Lease Agreement (Red Lion Inns Limited Partnership), Percentage Lease Agreement (Boykin Lodging Co)

Holding Over. If Lessee for any reason remains in possession of ------------ the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Boston Properties Inc), Lease Agreement (Boston Properties Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month month, and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Host Funding Inc), Lease Agreement (Host Funding Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (cand(c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (MHI Hospitality CORP), Lease Agreement (MHI Hospitality CORP)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month month, (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, ; plus (b) all Additional Charges accruing during the applicable month month; and plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Global Medical REIT Inc.), Lease Agreement (Global Medical REIT Inc.)

Holding Over. If Lessee Tenant for any reason remains in possession of the ------------ Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee Tenant shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee Tenant under this Lease with respect to the Leased Property. During such period, Lessee Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor Landlord to the holding over of Lessee Tenant after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Hudson Hotels Trust), Lease Agreement (Hudson Hotels Trust)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Participating Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, right to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (American General Hospitality Corp), Lease Agreement (Capstar Hotel Co)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of 105% of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies tenants at sufferance, to continue its continued occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Percentage Lease Agreement (Boykin Lodging Trust Inc), Percentage Lease Agreement (Realty Refund Trust)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth l/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

Samples: Lease Agreement (Balanced Care Corp), Lease Agreement (Balanced Care Corp)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof without Lessor consent, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month 150an amount equal to the sum of (a) 150 % of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 2 contracts

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

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or earlier termination of the TermTerm hereof, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental each month 150% of month, the aggregate of (ai) one-twelfth of 150% multiplied by the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year month of the Term, (bii) all Additional Charges accruing during the applicable such month and (ciii) all other sums, if any, sums payable by Lessee under this Lease with respect pursuant to the Leased Propertyprovisions of this Lease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. -30-

Appears in 2 contracts

Samples: Lease (Alterra Healthcare Corp), Lease (Alterra Healthcare Corp)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150the agoregate of 105% of the aggregate of (a) oneone- t-twelfth vvelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the TermTenn, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law la,,v to tenancies tenants at sufferance, to continue its continued occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Percentage Lease Agreement (South Seas Properties Co LTD Partnership)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month month, and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Host Funding Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the- expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant t4 the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. ARTICLE 19

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, Term plus (b) all Additional Charges ---- accruing during the applicable such month and plus (c) all other sums, if any, payable by Lessee under pursuant to ---- the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

Holding Over. If Lessee for any reason remains in possession of the ------------ Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Humphrey Hospitality Trust Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Humphrey Hospitality Trust Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month month, (a) 150% of the aggregate of (a) one-twelfth 1/12th of the aggregate Base Rent and Percentage annual Minimum Rent payable with respect to during the last Fiscal Year period immediately before the expiration of the Term, ; plus (b) all Additional Charges accruing during the applicable month month; and plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Global Medical REIT Inc.)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the TermTerm with respect to such Leased Property, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Eagle Hospitality Properties Trust, Inc.)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental Base Rent each month 150% one-hundred twenty-five percent (125%) of the aggregate sum of (a) one-twelfth of the aggregate monthly Base Rent and Percentage Rent payable with respect applicable to the last Fiscal Year of the Termprior Lease Year, (b) together with all Additional Charges accruing during the applicable month and (c) all other sums, if any, sums payable by Lessee under pursuant to this Lease with respect to the Leased PropertyLease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the rights granted or necessarily implied in connection with such obligations and right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sunlink Health Systems Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Interstate Hotels Management Inc)

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Holding Over. If Lessee for any reason remains in possession of the a Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the TermTerm with respect to such Leased Property, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Master Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Master Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Master Lease.

Appears in 1 contract

Samples: Master Lease Agreement (Winston Hotels Inc)

Holding Over. If Operating Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Operating Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Operating Lessee under this Lease with respect to the Leased Property. During such period, Operating Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its Operating Lessee's occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Operating Lessor to the holding over of Operating Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sunstone Hotel Investors, Inc.)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm without written authorization from Lessor, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150(i) 118% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Additional Rent payable with respect to the last complete Fiscal Year prior to the expiration or earlier termination of the Term, ; and (bii) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Propertymonth. During such periodperiod of tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies tenants at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease. If Lessee becomes such a tenant at sufferance, Lessee shall not be held to a term longer than month-to-month.

Appears in 1 contract

Samples: And Attornment Agreement (Iasis Healthcare Corp)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its Lessee’s occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Sunstone Hotel Investors, Inc.)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. 236

Appears in 1 contract

Samples: Revolving Credit Agreement (Sunstone Hotel Investors Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth l/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. ARTICLE XIX

Appears in 1 contract

Samples: Balanced Care Corp

Holding Over. If Lessee for any reason remains in possession of the ------------- Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Hotel Lease Agreement (Apple Suites Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Equity Inns Inc)

Holding Over. If Lessee for any reason remains in possession of the ------------ Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Participating Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, right to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (American General Hospitality Corp)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of Accounting Period two times the aggregate of (a) one-twelfth thirteenth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all b)all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Innkeepers Usa Trust/Fl)

Holding Over. If Lessee for any reason remains in possession of the Leased ------------ Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Humphrey Hospitality Trust Inc)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-one- twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Itt Corp /Nv/)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its Lessee's occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Hammons John Q Hotels Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. ARTICLE 19

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two times the aggregate of (a) one-twelfth (1/12th) of the aggregate Base Rent and Percentage Participating Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, right to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Stock Purchase Agreement (Keystone Inc Et Al)

Holding Over. If Lessee Tenant for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee Tenant shall pay as rental each month 150% of two (2) times the aggregate of (a) one-twelfth (1/12th) of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee Tenant under this Lease with respect to the Leased Property. During such period, Lessee Tenant shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor Landlord to the holding over of Lessee Tenant after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Agreement of Lease (American Realty Capital Hospitality Trust, Inc.)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Behringer Harvard Opportunity REIT I, Inc.)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or earlier termination of the TermTerm hereof, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental each month 150% of month, the aggregate of (ai) one-twelfth of 150% multiplied by the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year month of the Term, (bii) all Additional Charges accruing during the applicable such month and (ciii) all other sums, if any, sums payable by Lessee under this Lease with respect pursuant to the Leased Propertyprovisions of this Lease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. -29-

Appears in 1 contract

Samples: Master Lease Agreement (Alterra Healthcare Corp)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental Minimum Rent each month 150% of twice the aggregate sum of (ai) monthly Minimum Rent applicable to the prior Lease Year, plus (ii) one-twelfth of the aggregate Base Rent and Percentage Additional Rent payable with respect applicable to the last Fiscal Year of the Termprior Lease Year, (b) together with all Additional Charges accruing during the applicable month and (c) all other sums, if any, sums payable by Lessee under pursuant to this Lease with respect to the Leased PropertyLease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Balanced Care Corp

Holding Over. If Except as provided in Section 19, if Lessee shall for any reason remains remain in possession of the Leased Property and/or Capital Additions of a Facility after the expiration or earlier termination of the then-current Term, such possession shall be as a month-to-month tenant at sufferance during which time Lessee shall pay as rental Minimum Rent each month 150% of twice the aggregate of (a) one-twelfth of the aggregate Base monthly Minimum Rent and Percentage Rent payable with respect applicable to the last Fiscal prior Lease Year of the Termfor such Facility, (b) together with all Additional Charges accruing during the applicable month and (c) all other sums, if any, sums payable by Lessee under pursuant to this Lease with respect to the Leased PropertyLease. During such periodperiod of month-to-month tenancy, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferancemonth-to-month tenancies, to continue its occupancy and use of the Leased PropertyProperty and/or any Capital Additions of such Facility. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.. ARTICLE XXI. 21.1

Appears in 1 contract

Samples: Master Lease (Emeritus Corp\wa\)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the Term, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Lease Year of the Term, (b) all Additional Charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Hersha Hospitality Trust)

Holding Over. If Lessee for any reason remains in possession of the Leased Property after the expiration or earlier termination of the TermTerm of this Lease, such possession shall be as a tenant at sufferance during which time Lessee shall pay as rental each month 150% of two (2) times the aggregate of (a) one-twelfth of the aggregate Base Rent and Percentage Rent payable with respect to the last Fiscal Year year of the TermTerm of this Lease, (b) all Additional Charges additional charges accruing during the applicable month and (c) all other sums, if any, payable by Lessee under this Lease with respect to the Leased Property. During such period, Lessee shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Crescent Operating Inc)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof without Lessor consent, such possession shall be as a tenant tenancy at sufferance will during which time Lessee shall pay as rental each month 150an amount equal to the sum of (a) 150 % of the aggregate of (a) one-twelfth l/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, plus (b) all Additional Charges accruing during the applicable month and such month, plus (c) all other sums, if any, payable by Lessee under pursuant to the provisions of this Lease with respect to the Leased Property. During such periodperiod of tenancy, Lessee and Lessor shall be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Emeritus Corp\wa\)

Holding Over. If Lessee shall for any reason remains remain in possession of the Leased Property after the expiration of the Term or any earlier termination of the TermTerm hereof, such possession shall be as a tenant tenancy at sufferance will during which time Lessee lessee shall pay as rental each month an amount equal to the sum of (a) 150% of the aggregate of (a) one-twelfth 1/12 of the aggregate Base Rent and Percentage Minimum Rent payable with respect to the last Fiscal Year complete year prior to the expiration of the Term, Term plus (b) all Additional Charges ---- accruing during the applicable such month and plus (c) all other sums, if any, payable by Lessee under pursuant to ---- the provisions of this Lease with respect to the Leased leased Property. During such periodperiod of tenancy, Lessee shall and Lessor shaLl be obligated to perform and observe all of the terms, covenants and conditions of this Lease, but shall have no rights hereunder other than the right, to the extent given by law to tenancies at sufferance, Lease and to continue its occupancy and use of the Leased Property. Nothing contained herein shall constitute the consent, express or implied, of Lessor to the holding over of Lessee after the expiration or earlier termination of this Lease.

Appears in 1 contract

Samples: Lease Agreement (Ramsay Health Care Inc)

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