Real Property Apportionments. (a) The following items shall be apportioned at the Closing as of the close of business on the day immediately preceding the Closing Date:
Real Property Apportionments. Representatives of the Purchaser and the Candlewood Parties shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature and taking into account the simultaneous execution of the Lease. The adjustments hereunder shall be calculated or paid in an amount based upon a fair and reasonable estimated accounting performed and agreed to by representatives of the Candlewood Parties and the Purchaser at or prior to the Closing. Subsequent final adjustments and payments shall be made in cash or other immediately available funds as soon as practicable after the Closing Date and in any event within ninety (90) days after such Closing Date, based upon an agreed accounting performed by representatives of the Candlewood Parties and the Purchaser. In the event the parties have not agreed with respect to the adjustments required to be made pursuant to this Section 9.1 within such ninety-day period, upon application by either party, Ernst & Young, LLP or other certified public accountants reasonably acceptable to the Purchaser and the Candlewood Parties shall determine any such adjustments which have not theretofore been agreed to between the Candlewood Parties and the Purchaser. The charges of such accountant shall be borne by the Candlewood Parties.
Real Property Apportionments. There shall be no prorations or apportionments hereunder insofar as the Seller shall be required to pay all items usually prorated in transactions of the type described herein, including all real property taxes applicable to any period prior to the Closing Date.
Real Property Apportionments. Representatives of the Purchaser and the Sellers shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature, taking into account the applicable provisions of the Leases. The adjustments hereunder shall be calculated or paid in an amount based upon a fair and reasonable estimated accounting performed and agreed to by representatives of the Sellers and the Purchaser at the applicable Closing. Subsequent final adjustments and payments shall be made in cash or other immediately available funds as soon as practicable after the Closing Date, and in any event within ninety (90) days after such Closing Date, based upon an agreed accounting performed by representatives of the Sellers and the Purchaser. In the event the parties have not agreed with respect to the adjustments required to be made pursuant to this Section 9.1 within such ninety-day period, upon application by either party, a certified public accountant reasonably acceptable to the Purchaser and the Sellers shall determine any such adjustments which have not theretofore been agreed to between the Sellers and the Purchaser. The charges of such accountant shall be borne fifty percent (50%) by the Sellers and fifty percent (50%) by the Purchaser.
Real Property Apportionments. Representatives of the Purchaser and ---------------------------- the Seller shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature and taking into account the simultaneous execution of the Leases. The adjustments hereunder shall be calculated or paid in an amount based upon a fair and reasonable estimated accounting performed and agreed to by representatives of the Seller and the Purchaser at the Closing. Subsequent final adjustments and payments shall be made in cash or other immediately available funds as soon as practicable after the Closing Date and in any event within ninety (90) days after such Closing Date, based upon an agreed accounting performed by representatives of the Seller and the Purchaser. In the event the parties have not agreed with respect to the adjustments required to be made pursuant to this Section 9.1 within such ninety-day period, upon application by either party, a ----------- certified public accountant reasonably acceptable to the Purchaser and the Seller shall determine any such adjustments which have not theretofore been agreed to between the Seller and the Purchaser. The charges of such accountant shall be borne by the Purchaser.
Real Property Apportionments. Section 9.1 of the Agreement is hereby amended by deleting the words “and the Ground Lease” from subsections (i) and (ii) thereof;
Real Property Apportionments. Representatives of the Purchaser and the Sellers shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature, it being understood and agreed that all items of income and expense with respect to the Properties (a) shall be the responsibility of the Sellers, prior to the Closing, as owners of the Properties and (b) shall be the responsibility of Tenant, from and after the Closing, as tenant of the Properties under and pursuant to the terms of the Lease. 10.2.
Real Property Apportionments. At Closing, all real property taxes shall be apportioned on a calendar year or fiscal year basis, as appropriate, and sewer, water and trash collection bills, as applicable, shall be apportioned pro rata between Buyer and Sellers on a per diem basis as of the Closing Date. Utility meter readings shall be taken as of the Closing Date. Buyer shall be responsible for all utility costs incurred on or after the Closing Date.
Real Property Apportionments. Representatives of the Purchaser and the Seller shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature and taking into account the applicable provisions of the Lease. The adjustments hereunder shall be calculated or paid in an amount based upon a fair and reasonable estimated accounting performed and agreed to by representatives of the Purchaser and the Seller at or prior to the Closing. Subsequent final adjustments and payments shall be made in cash or other immediately available funds as soon as practicable after the Closing Date and in any event within ninety (90) days after the Closing Date, based upon an agreed accounting performed by representatives of the Seller and the Purchaser.
Real Property Apportionments. Representatives of Investor and the Developer Parties shall perform any and all of the adjustments and apportionments which are appropriate and usual for a transaction of this nature and taking into account the simultaneous execution of the amendment to the Lease contemplated hereby. Without limiting the generality of the foregoing, to the extent that amounts expended from the FF&E Reserve (as defined in the Lease) with respect to the Existing Assets exceeds amounts contributed to such FF&E Reserve attributable to the Existing Assets, the Developer shall transfer by wire transfer of immediately available funds such excess into the FF&E Reserve at the Closing. To the extent that the amounts in the FF&E Reserve attributable to the Existing Assets exceeds the amounts expended from the FF&E Reserve with respect to the Existing Assets, Investor shall authorize the Tenant at the Closing to release such excess to Developer or as the Developer may direct. The adjustments hereunder shall be calculated or paid in an amount based upon a fair and reasonable estimated accounting performed and agreed to by representatives of the Developer Parties and Investor at or prior to the Closing. Subsequent final adjustments and payments shall be made in cash or other immediately available funds as soon as practicable after the Closing Date and in any event within ninety (90) days after such Closing Date, based upon an agreed accounting performed by representatives of the Developer Parties and Investor. In the event the parties have not agreed with respect to the adjustments required to be made pursuant to this Section 9.1 within such ninety-day period, upon application by either party, Ernst & Young LLP or other certified public accountants reasonably acceptable to Investor and the Developer Parties shall determine any such adjustments which have not theretofore been agreed to between the Developer Parties and Investor. The charges of such accountant shall be borne by the Developer Parties.
