Common use of Prorations and Apportionments Clause in Contracts

Prorations and Apportionments. (a) All revenues from the Property and all expenses of the Property shall be prorated and apportioned as of 12:01 a.m., Pacific time, on the Closing Date (the "PRORATIONS"). Taxes shall be prorated as of the Closing Date, based on a 365-day year. Contributors shall be charged and credited for such Prorations up to the Closing Date and the Company shall be charged and credited (or, at Contributors' option, paid by check for unused security or other deposits) for all of the same on and after the Closing Date. Prior to the Closing, the Company and Contributors shall review and approve the Prorations. If the actual amounts to be prorated are not then known, or if any additional expenses are incurred or income received after the date the Prorations are made, the Prorations shall be made on the basis of the best evidence then available. When actual figures are later received, a cash settlement will be made between Contributors and the Company. To the extent possible, Contributors shall have all metered utilities read by the applicable utility provider as of the Closing Date. As to each utility which is so read, Contributors shall have the responsibility to pay at Closing each bill xxxrefore, and the Company shall be responsible for all subsequent charges for such utilities. To the extent such utilities may not be read as of the Closing, such utility bills shall be prorated when the last bill xxxurred by Contributors is received. No Prorations shall be made for rents, license payments, receivables or accounts ("REVENUES") delinquent as of the Closing Date, and no credit shall be given to Contributors for any Revenues delinquent as of the Closing Date. As used in the immediately preceding sentence, the term "delinquent" shall mean, with respect to any Revenue, that the Revenue in question accrued at any time prior to the then-current calendar month. Nevertheless, if the Company collects any Revenues that were delinquent on or before the Closing, such Revenues shall be attributed first to the current Revenues and then to the portion that was delinquent on or before the Closing and the Company shall promptly remit to Contributors the portion of such Revenues collected, if any, attributable to the period of time prior to the Closing Date; provided, however, that Contributors shall not be entitled to commence any legal proceeding or alternative proceedings seeking to compel any Tenant to pay delinquent rents or amounts claimed to be owing by Contributors to the extent that such proceeding could have the effect of evicting such Tenant or otherwise interfering with the Tenant's use and enjoyment of its lease with the LLC. The parties further agree that Contributors shall have a period of nine (9) months from the Closing Date to resolve any rent delinquencies existing as of the Closing Date.

Prorations and Apportionments. (a) All revenues from the Property and all expenses of the Property shall be prorated and apportioned as of 12:01 a.m., Pacific time, on the Closing Date (the "PRORATIONS"). Taxes shall be prorated as of the Closing Date, based on a 365-day year. Contributors Seller shall be charged and credited for such Prorations up to the Closing Date and the Company Buyer shall be charged and credited (or, at Contributors' Seller's option, paid by check for unused security or other deposits) for all of the same on and after the Closing Date. Prior to the Closing, the Company Buyer and Contributors Seller shall review and approve the Prorations. If the actual amounts to be prorated are not then known, or if any additional expenses are incurred or income received after the date the Prorations are made, the Prorations shall be made on the basis of the best evidence then available. When actual figures are later received, a cash settlement will be made between Contributors Seller and the CompanyBuyer. To the extent possible, Contributors Seller shall have all metered utilities read by the applicable utility provider as of the Closing Date. As to each utility which is so read, Contributors Seller shall have the responsibility to pay at Closing each bill xxxrefore, and the Company Buyer shall be responsible for all subsequent charges for such utilities. To the extent such utilities may not be read as of the Closing, such utility bills shall be prorated when the last bill xxxurred by Contributors Seller is received. No Prorations shall be made for rents, license payments, receivables or accounts ("REVENUES") delinquent as of the Closing Date, and no credit shall be given to Contributors Seller for any Revenues delinquent as of the Closing Date. As used in the immediately preceding sentence, the term "delinquent" shall mean, with respect to any Revenue, that the Revenue in question accrued at any time prior to the then-current calendar month. Nevertheless, if the Company Buyer collects any Revenues that were delinquent on or before the Closing, such Revenues shall be attributed first to the current Revenues and then to the portion that was delinquent on or before the Closing and the Company Buyer shall promptly remit to Contributors Seller the portion of such Revenues collected, if any, attributable to the period of time prior to the Closing Date; provided, however, that Contributors Seller shall not be entitled to commence any legal proceeding or alternative proceedings seeking to compel evict any Tenant because of such Tenant's failure to pay delinquent rents or amounts claimed to be owing by Contributors to the extent that such proceeding could have the effect of evicting such Tenant or otherwise interfering with the Tenant's use and enjoyment of its lease with the LLC. The parties further agree that Contributors shall have a period of nine (9) months from the Closing Date to resolve any rent delinquencies existing as of the Closing DateSeller.

Prorations and Apportionments. (a) All revenues from the Property and all expenses of the Property shall be prorated and apportioned as of 12:01 a.m., Pacific time, on the Closing Date (the "PRORATIONS"). Taxes shall be prorated as of the Closing Date, based on a 365-day year. Contributors Contributor shall be charged and credited for such Prorations up to the Closing Date and the Company shall be charged and credited (or, at Contributors' Contributor's option, paid by check for unused security or other deposits) for all of the same on and after the Closing Date. Prior to the Closing, the Company and Contributors Contributor shall review and approve the Prorations. If the actual amounts to be prorated are not then known, or if any additional expenses are incurred or income received after the date the Prorations are made, the Prorations shall be made on the basis of the best evidence then available. When actual figures are later received, a cash settlement will be made between Contributors Contributor and the Company. To the extent possible, Contributors Contributor shall have all metered utilities read by the applicable utility provider as of the Closing Date. As to each utility which is so read, Contributors Contributor shall have the responsibility to pay at Closing each bill xxxrefore, and the Company shall be responsible for all subsequent charges for such utilities. To the extent such utilities may not be read as of the Closing, such utility bills shall be prorated when the last bill xxxurred by Contributors Contributor is received. No Prorations shall be made for rents, license payments, receivables or accounts ("REVENUES") delinquent as of the Closing Date, and no credit shall be given to Contributors for any Revenues delinquent as of the Closing Date. As used in the immediately preceding sentence, the term "delinquent" shall mean, with respect to any Revenue, that the Revenue in question accrued at any time prior to the then-current calendar month. Nevertheless, if the Company collects any Revenues that were delinquent on or before the Closing, such Revenues shall be attributed first to the current Revenues and then to the portion that was delinquent on or before the Closing and the Company shall promptly remit to Contributors the portion of such Revenues collected, if any, attributable to the period of time prior to the Closing Date; provided, however, that Contributors shall not be entitled to commence any legal proceeding or alternative proceedings seeking to compel any Tenant to pay delinquent rents or amounts claimed to be owing by Contributors to the extent that such proceeding could have the effect of evicting such Tenant or otherwise interfering with the Tenant's use and enjoyment of its lease with the LLC. The parties further agree that Contributors shall have a period of nine (9) months from the Closing Date to resolve any rent delinquencies existing as of the Closing Date.accounts

Prorations and Apportionments. (a) All revenues from the Property and all expenses of the Property shall be prorated and apportioned as of 12:01 a.m.11:59 p.m., Pacific California time, on the day before the Closing Date (the "PRORATIONS"). Taxes shall be prorated as of the Closing Date, based on a 365-day year. Contributors Accrued and unpaid interest under the Existing Loan shall be prorated as of the Closing Date, based on a 360 day year as provided for pursuant to the terms and provisions of the Existing Loan. Seller shall be charged and credited for such Prorations up to the Closing Date and the Company Buyer shall be charged and credited (or, at Contributors' Seller's option, paid by check for unused security or other deposits) for all of the same on and after the Closing Date. Prior to the Closing, the Company Buyer and Contributors Seller shall review and approve the Prorations. If the actual amounts to be prorated are not then known, or if any additional expenses are incurred or income received after the date the Prorations are made, the Prorations shall be made on the basis of the best evidence then available. When actual figures are later received, a cash settlement will be made between Contributors Seller and the CompanyBuyer. To the extent possible, Contributors shall have all metered utilities read by the applicable utility provider as of the Closing Date. As to each utility which is so read, Contributors shall have the responsibility to pay at Closing each bill xxxrefore, and the Company shall be responsible for all subsequent charges for such utilities. To the extent such utilities may not be read as of the Closing, such All utility bills shall be prorated when the last bill xxxurred xxxx incurred by Contributors Seller is received. No Prorations shall be made for rents, license payments, receivables or accounts ("REVENUES") delinquent as of the Closing Date, and no credit shall be given to Contributors Seller for any Revenues delinquent as of the Closing Date. As used in the immediately preceding sentence, the term "delinquent" shall mean, with respect to any Revenue, that the Revenue in question accrued at any time prior to the then-then- current calendar month. Nevertheless, if the Company Buyer collects any Revenues that were delinquent on or before the Closing, such Revenues shall be attributed first to the current Revenues and then to the portion that was delinquent on or before the Closing and the Company Buyer shall promptly remit to Contributors Seller the portion of such Revenues collected, if any, attributable to the period of time prior to the Closing Date; provided, however, that Contributors shall not be entitled to commence any legal proceeding or alternative proceedings seeking to compel any Tenant to pay delinquent rents or amounts claimed to be owing by Contributors to the extent that such proceeding could have the effect of evicting such Tenant or otherwise interfering with the Tenant's use and enjoyment of its lease with the LLC. The parties further agree that Contributors shall have a period of nine (9) months from the Closing Date to resolve any rent delinquencies existing as of the Closing Date.

Prorations and Apportionments. (a) All revenues from the Property and all expenses of the Property shall be prorated and apportioned as of 12:01 a.m.11:59 p.m., Pacific Nevada time, on the day before the Closing Date (the "PRORATIONS"). Taxes and assessments shall be prorated as of the Closing Date, based on a 365-day year. Contributors Seller shall be charged and credited for such Prorations up to the Closing Date and the Company Buyer shall be charged and credited (or, at Contributors' Seller's option, paid by check for unused security or other deposits) for all of the same on and after the Closing Date. Prior to the Closing, the Company Buyer and Contributors Seller shall review and approve the Prorations. If the actual amounts to be prorated are not then known, or if any additional expenses are incurred or income received after the date the Prorations are made, the Prorations shall be made on the basis of the best evidence then available. When actual figures are later received, a cash settlement will be made between Contributors Seller and the Company. To the extent possible, Contributors shall have all metered utilities read by the applicable utility provider as of the Closing Date. As to each utility Buyer which is so read, Contributors shall have the responsibility to pay at Closing each bill xxxrefore, and the Company shall be responsible for all subsequent charges for such utilitiesno later than March 1, 1998. To the extent such utilities may not be read as of the Closing, such All utility bills shall be so prorated when the last bill xxxurred xxxx incurred by Contributors Seller is received. No Prorations shall be made for rents, license payments, receivables or accounts ("REVENUES") delinquent as of the Closing Date, and no credit shall be given to Contributors Seller for any Revenues delinquent as of the Closing Date. As used in the immediately preceding sentence, the term "delinquent" shall mean, with respect to any Revenue, that the Revenue in question accrued at any time prior to the then-current calendar month. Nevertheless, if the Company Buyer collects any Revenues that were delinquent on or before the Closing, such Revenues shall be attributed first to the current Revenues and then to the portion that was delinquent on or before the Closing and the Company Buyer shall promptly remit to Contributors Seller the portion of such Revenues collected, if any, attributable to the period of time prior to the Closing Date; provided. Buyer shall use commercially reasonable efforts to collect any such delinquent Revenues, however, that Contributors shall not be entitled to commence any legal proceeding or alternative proceedings seeking to compel any Tenant to pay delinquent rents or amounts claimed with the reasonable costs of such efforts to be owing by Contributors deducted from the amounts due Seller. As used in the next preceding sentence "commercially reasonable efforts" shall require only that Buyer give written notice to the applicable Tenant, setting forth in reasonable detail the nature and extent that such proceeding could have of the effect of evicting such Tenant or otherwise interfering deficiency and requiring its cure in accordance with the applicable terms and provisions of that Tenant's use and enjoyment of its lease with the LLC. The parties further agree that Contributors shall have a period of nine (9) months from the Closing Date to resolve any rent delinquencies existing as of the Closing DateLease.