Common use of Rental Payments Clause in Contracts

Rental Payments. The Lessee agrees to pay annual rental for the Premises at a rate per year during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of (i) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 2 contracts

Samples: Lease Agreement, Lease Agreement

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Rental Payments. The Subject to Section 5 hereof, Lessee agrees shall pay to pay annual Lessor or its assignee the rental for payments (“Base Rental Payments”) in the Premises amounts and at a rate per year during the term of this Lease not times as set forth in Exhibit B to exceed One Million One Hundred Thousand Dollars ($1,100,000.00)each Schedule. Each such semi-annual installmentBase Rental Payments, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy together with additional amounts owed by the Lessee hereunder, are collectively referred to as (“Rental Payments”). A portion of each Rental Payment is paid as and represents the payment of interest as set forth in each Exhibit B. The Rental Payments will be payable for the Lease Term in dollars (U.S.), without notice or demand at the office of Lessor (or such other place as Lessor or its assignee may designate from time to time in writing). Provided that the Rental Payments have been appropriated as set forth in Section 5 hereof, in the event any Rental Payment is received by Lessor or its assignee later than ten (10) days from the due date, Lessee shall pay Lessor on demand as a late charge, ten percent (10%) of such semi-annual installment is madeoverdue amount, limited, however, to the maximum amount allowed by law. The first rental installment shall be due on the later of (i) January 15EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 5 HEREOF, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the LesseeTHE RENTAL PAYMENTS WILL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS AND WILL NOT BE SUBJECT TO ANY SETOFF, DEFENSE, COUNTERCLAIM, ABATEMENT OR RECOUPMENT FOR ANY REASON WHATSOEVER. Thereafter, such rental All Rental Payments shall be payable out of the general funds of Lessee or out of any other available funds which have been appropriated by the governing body of Lessee to pay the Rental Payments pursuant to Section 5 hereof. Lessee and Lessor acknowledge and agree that the Rental Payments shall constitute currently budgeted expenditures of Lessee. Lessee’s obligations to pay Rental Payments shall be subject to Lessee’s annual right to terminate or not renew this Lease (as further provided in advance Section 5 hereof), and shall not constitute a mandatory charge, requirement or liability in semi‑annual installments on January 15 and July 15 any ensuing fiscal year of each Lessee’s beyond the then current fiscal year. The last semi‑annual rental payment due before the expiration No provision of this Lease shall be adjusted to provide for rental at construed or interpreted as a delegation of governmental powers or as creating indebtedness or a multiple-fiscal year direct or indirect debt or other financial obligation whatsoever of Lessee within the yearly rate so specified from the date such installment is due to the date meaning of any constitutional or statutory debt limitation of the expiration of this Leaseapplicable State laws. All rentals payable under the terms of this This Lease shall be paid by the not directly or indirectly obligate Lessee to make any payments beyond the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee for its then current Fiscal Year. Lessee shall be under no obligation whatsoever to pay exercise its option to purchase the Equipment under this Lease. No provision of this Lease shall be construed to pledge or to create a lien on any Fixed Annual Rentals class or Additional Rentals source of Lessee moneys, nor shall any provision of this Lease restrict the future issuance of any bonds or any other amounts due hereunder obligations of Lessee payable from any class or source of moneys of Lessee. Lessor may revoke acceptance of each Schedule at any time prior to receipt of Lessee’s first Receipt Certificate thereunder if Lessor determines that (i) any written representation made to it by Lessee proves to have been false or properties misleading in any material respect when made, (ii) subsequent to the making of any such representation there has occurred a material change such that any such representation as made is not true and correct, (iii) any event which would constitute a default under the Lessee except the Budgeted Revenues received by the Lease has occurred, or (iv) there has been a substantial and material change in Lessee’s financial condition or operations which has a material adverse effect on Lessee’s creditworthiness.

Appears in 1 contract

Samples: Master Lease Purchase Agreement

Rental Payments. (a) The Lessee agrees to pay annual rental for the Premises at a rate per year during the term of this Lease not to exceed One Two Million One Two Hundred Twenty-Three Thousand Eight Hundred Forty Dollars ($1,100,000.002,223,840), payable in semi-annual installments as hereinafter set forth. Each such semi-annual installmentinstallment of such rental payment, payable as hereinafter described, shall be based shall be based on the value of the Premises, together with that portion of the Premises Improvements which is are complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due no earlier than June 30, 2020, and on the later each June 30 and December 31 of (i) January 15, 2024; or (ii) the date on which a portion each year after commencement of the Premises is available for use and occupancy by the Lesseesuch semi-annual payments. Thereafter, such Such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each yearadvance. The last semi‑annual semi-annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the first mortgage bonds (the “Bonds”) to be issued by the Lessor to provide funds for the project projects on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”)Premises. All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease

Rental Payments. The Lessee agrees to pay annual rental for the Premises at a rate per year Unless otherwise agreed in writing, each regular periodic payment of rent due during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, each LEASE shall be based due on either the value of that portion tenth (10th) day of the Premises which is complete and ready for use and occupancy by month or the Lessee at twenty-fifth(25th) day of the time such semi-annual installment is mademonth (the “billing date”). The first billing date under each LEASE where LESSEE’s acceptance occurred after the twentieth (20th) day of the month and prior to the sixth (6th) day of the following month shall be the tenth (10th) day of the month immediately following LESSEE’s acceptance of the EQUIPMENT, of, if LESSEE’s acceptance occurs after the fifth (5th) day of a month and prior to the twenty-first (21st) day of the month, then the first billing date shall be the twenty-fifth (25th) day of the month that LESSEE completed its acceptance of the EQUIPMENT. On the date of acceptance of EQUIPMENT by LESSEE, LESSEE shall pay to LESSOR pro rated rent, together with applicable taxes, from the date of acceptance of the EQUIPMENT until the first billing date as interim rent. In addition, LESSEE shall pay to LESSOR, on demand by LESSOR, an amount equal to one thirtieth (1/30) of the proportional monthly rental payment per day for any amount funded by LESSOR prior to acceptance of the EQUIPMENT by LESSEE as additional interim rent. LESSEE agrees to pay rent for the minimum term specified on the Lease Schedule, commencing on the first billing date and continuing until the EQUIPMENT is returned to LESSOR on expiration or earlier termination of the LEASE. Each periodic rental installment shall be due the sum set forth on the later of (i) January 15applicable Lease Schedule, 2024; or (ii) the date on which plus any applicable sales and/or use taxes, and shall, at LESSOR’s option, include a pro rata portion of that year’s property tax. Payments shall be made by LESSEE at LESSOR’s address set forth herein or as otherwise directed by LESSOR. LESSEE shall not xxxxx, set off, deduct any amount or reduce any payment for any reason without the Premises is available for use and occupancy prior written consent of LESSOR. Payments are delinquent if not in LESSOR’s possession by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lesseedate.

Appears in 1 contract

Samples: Master Lease Agreement (IsoRay, Inc.)

Rental Payments. The In consideration of the leasing of the Leased Facilities to Lessee,the transfer of the Operating Assets and Existing Operations and performance and discharge of all other obligations hereunder, Lessee agrees shall make the following rental payments, effective as of the Commencement Date. 8 Xxxxx Memorial Hospital Corporation EIN:00-0000000 (a) Base Rental. Lessee shall pay to the Authority annual rent of$2,500,000.00 payable monthly in 1/12th installments in order to pay annual rental the costs and expenses incurred or to be incurred by the Authority for ensuring the Premises at a rate per year maintenance and operations of the System (including, without limitation, performance of audits, compliance with laws and fulfilling the Authority's obligations under the Lessor's Pension Plan). Effective as of the first day of the second Lease Year,and on the first day of each Lease Year thereafter during the term of this Agreement, the annual rental payable by Lessee hereunder will increase by an amount equal to the percentage increase in the Index for the calendar month that is two(2) months prior to the first day of the applicable Lease not Year, as compared to exceed One Million One Hundred Thousand Dollars the Index for the calendar month that is two (2) months prior to the Commencement Date, multiplied by $1,100,000.00)2,500,000;provided, however,in no event will the annual rental payable hereunder for any Lease Year increase by more than three percent(3%)over the annual rental payable with respect to the immediately preceding Lease Year. Each such semi-If the Bureau of Labor Statistics should discontinue the publication of the Index,or publish the same less frequently,or alter the same in some manner,then the Authority and Lessee shall agree upon a substitute index or substitute procedure that reasonably reflects and monitors consumer prices. The Authority shall provide to the Lessee and the Counties,a budget of the anticipated bona fide operating costs and expenses in each Lease Year prior to the payment of the annual installment, payable as hereinafter described, base rental amount Such bona fide operating costs and expenses shall be based on the value good faith estimates of that portion third parties and prior budgets. They shall include but not limited to accounting and legal costs,consultants for oversight and compliance under this Agreement, staffing,internal auditors, expenditures for meetings,production of reports and administration of the Premises which is complete Authority's duties under the Act and ready this Agreement. In each Lease Year,the Authority shall apply the xxx»al rent in the following order of priority: (1)to pay its bona fide operating costs and expenses actually incurred;(2)to pay any obligations relating to Lessor's Pension Plan; and(3)to promptly refund to Lessee any amounts rining and not allocated for use payments described in clauses(1)or(2)solely for the purpose of providing indigent and occupancy by the Lessee at the time such semi-annual installment is madecharity care as required hereunder. The first rental installment Authority shall be due on the later provide to Lessee an accounting of (i) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use annual rent received and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease its application at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Leaseeach Lease Year. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) Authority shall be payable solely not accumulate any excess funds from the budgeted revenues of the Lessee base rental payments in any Lease Year. (the “Budgeted Revenues”b). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease and Transfer Agreement

Rental Payments. The Lessee agrees to pay annual rental for the use and occupancy of the Leased Premises at a maximum annual rate per year of $_ (the “Annual Rentals” and each an “Annual Rental Payment”) shall be payable in advance in semi-annual installments on the dates set forth in Section 3 hereof. After the sale of the Bonds issued to finance the acquisition and construction of the Leased Premises, the semi-annual installment of the Annual Rentals for the Leased Premises for each six-month period ending on each July 15 or January 15 (each a “Semi-annual Period”) shall be reduced (i) for any period during which the term Bonds bear interest at a fixed rate to an amount equal to the multiple of this Lease not to exceed One Million One Hundred $1,000 next higher than the sum of principal and interest due on the Bonds in such Semi-annual Period, plus Five Thousand Dollars ($1,100,000.005,000) and (ii) for any period during which the Bonds bear interest at a variable rate and from time to time to an amount necessary to pay the principal of and interest on the Bonds in such Semi-annual Period, plus Five Thousand Dollars ($5,000). Each such semi-annual installment, payable as hereinafter described, Such Annual Rentals shall be based take into account any TIF Revenues available to pay principal and interest on the value of that portion Bonds pursuant to the Indenture. Payment of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment Annual Rentals shall be due commence on the later of (i) January 15, 2024; or (ii) the date on which a portion of the Leased Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall or (ii) a date to be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental determined at the yearly rate so specified from the date such installment is due to the date time of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, such date and the annual rental shall be reduced to the multiple amount of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be reduced Annual Rentals endorsed on this Sub-Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto, shall be evidenced by a recorded addendum to the Sub-Lease in the form attached hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.Exhibit D.

Appears in 1 contract

Samples: Sub Lease Agreement

Rental Payments. The Lessee agrees to pay annual initial rental for said Leased Premises during renovation in the Premises at a rate amount of $7,000,000 per year, payable in equal semiannual installments commencing on June 30, 2018 and payable on each June 30 and December 31 thereafter until completion of the Leased Premises. Full lease rentals of $7,000,000 per year during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on will begin the later of (i) January 15the completion of the renovations on the Leased Premises or June 30, 2024; or (ii) 2019, whichever is later. If the completion date is later than June 30, 2019, rentals during renovation shall continue and the first full rental payment shall be in an amount calculated at the annual rate from the date on which a portion of payment to the Premises is available for use and occupancy by the Lesseenext June 30 or December 31. Thereafter, such rental shall be payable in advance in semi‑annual semiannual installments of $3,500,000 on January 15 June 30 and July 15 December 31 of each year. The last semi‑annual semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly annual rate so specified above from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee bank selected as Trustee (the “hereinafter called "Trustee") under the Trust Indenture between it and the Lessor (hereinafter called "Indenture") or to such other bank or trust indenture (company as may from time to time succeed such bank as Trustee under the “Indenture”) Indenture securing the first mortgage bonds to be issued by the Lessor to provide funds for finance the project on construction and renovation of the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”)Leased Premises. All payments so made by the Lessee shall be considered as payments payment to the Lessor of the rentals payable hereunder. The bank selected as Trustee shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after selection, and such endorsement shall be recorded as an addendum to this Lease. After the sale of the Bondsfirst mortgage bonds issued to finance the acquisition and construction and renovation of the Leased Premises, the annual rental provided for in the first paragraph of this Section 2 shall be reduced to an amount equal to the multiple of $1,000 next higher than the sum of principal and interest due on such bonds in each twelve (12) twelve-month period commencing each year ending on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five January 15 plus Three Thousand Dollars ($5,0003,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is madepayable in semiannual installments. Such amount of adjusted reduced annual rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, said bonds and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease Agreement

Rental Payments. The Lessee agrees Tenant shall pay to pay annual rental for Landlord, in advance and without demand, on or prior to the Premises at first (1st) day of each calendar month (and if such first (1st) day is not a rate per year business day, then on the Business Day immediately prior to said first (1st) day) during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installmentTerm, payable as hereinafter described, shall be based on the value of that portion in lawful money of the Premises which is complete United States of America, by wire or ACH transfer of immediately available funds, and ready for use pursuant to the wiring instructions attached hereto as Schedule 3.1.1, or at such place, by such other means or to such other Person(s) as Landlord from time to time may designate in writing, the Fixed Rent (and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of (iAdditional Rent in those instances described in Section 3.2 below) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance respect of such month. Landlord may, by written notice to Tenant at any time and from time to time, elect to require that Rent (or portions thereof designated by Landlord) owing hereunder be paid to a lock box. Fixed Rent (and Additional Rent in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease those instances described in Section 3.2 below) shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bondsin equal, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lesseeconsecutive monthly installments; provided, however, that the Lessee first payment of Fixed Rent (and the aforesaid Additional Rent) shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder payable on the Commencement Date and shall be prorated for the period from any moneys or properties and including the Commencement Date through the last calendar day of the Lessee except month in which the Budgeted Revenues received Commencement Date occurs. Said first payment of Fixed Rent and Additional Rent, and the last monthly payment of Fixed Rent and Additional Rent shall be prorated on a per diem basis as to any partial month. No Potential Default shall be deemed to exist under this Lease solely on account of any failure by Tenant to have paid Landlord Fixed Rent (and Additional Rent in those instances described in Section 3.2 below) within the Lesseefirst four (4) calendar days of each month during the Term.

Appears in 1 contract

Samples: Master Lease Agreement (Capital Senior Living Corp)

Rental Payments. The Lessee agrees to pay annual rental during renovation for the Leased Premises in the amount of up to $876,000 per payment payable on June 30 and December 31 beginning no earlier than June 30, 2022 until completion of the renovations. Thereafter Lessee agrees to pay rental for the Leased Premises at a the rate of $1,752,000 per year during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is madeLease. The first full rental installment shall be due on the day that the leased premises is completed and ready for occupancy or June 30, 2023, whichever is later. If the completion date is later of (i) January 15than June 30, 2024; or (ii) 2023, the first rental payment shall be in an amount calculated at the annual rate from the date on which a portion of payment to the Premises is available for use and occupancy by the Lesseenext June 30 or December 31. Thereafter, such rental shall be payable in advance in semi‑annual semiannual installments of $876,000 on January 15 June 30 and July 15 December 31 of each year. The last semi‑annual semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly annual rate so specified above from the date such installment is due to the date of the expiration of this Lease. The Lessor and Lessee understand and agree that the obligation of the Lessee to pay the rental payments under this Lease shall constitute a current expense of the Lessee payable from its debt service fund or any other funds that are legally available for that purpose and shall not in any way be construed to be a debt of the Lessee in contravention of any applicable constitutional or statutory limitation. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee bank selected as Trustee (hereinafter called the "Trustee") under the Trust Indenture between the Trustee and the Lessor (hereinafter called the "Indenture") or to such other bank or trust indenture (company as may from time to time succeed such bank as Trustee under the “Indenture”) Indenture securing the first mortgage bonds to be issued by the Lessor to provide funds for finance the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”)Leased Premises. All payments so made by the Lessee shall be considered as payments payment to the Lessor of the rentals payable hereunder. The bank selected as Trustee shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after selection, and such endorsement shall be recorded as an addendum to this Lease. After the sale of the Bondsfirst mortgage bonds issued to finance the acquisition and renovation of the Leased Premises, the annual rental provided for in the first paragraph of this Section 2 shall be reduced to an amount equal to the multiple of $1,000 next higher than the sum of principal and interest due on such bonds in each twelve (12) twelve-month period commencing each year ending on June 30 payable January 15 in semi‑annual installments together with an amount sufficient order to cover annual trustee fees and other administrative costs but not to exceed pay the debt service when due, plus Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made) payable in semiannual installments. Such amount of adjusted reduced annual rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, said bonds and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease Agreement

Rental Payments. The Lessee agrees to pay annual rental during renovation for Tract I in the amount of up to $572,500 per payment payable on June 30 and December 31 beginning on June 30, 2023 until completion of renovation of Tract I. Thereafter, the Lessee agrees to pay rental for the Leased Premises at a the rate of $1,145,000 per year during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is madeLease. The first rental installment shall be due on the later of (i) January 15day that the buildings to be renovated and constructed and equipped are completed and ready for occupancy or June 30, 2024; or (ii) , whichever is later. If the completion date is later than June 30, 2024, the first rental payment shall be in an amount calculated at the annual rate from the date on which a portion of payment to the Premises is available for use and occupancy by the Lesseenext June 30 or December 31. Thereafter, such rental shall be payable in advance in semi‑annual semiannual installments of $572,500 on January 15 June 30 and July 15 December 31 of each year. The last semi‑annual semiannual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly annual rate so specified above from the date such installment is due to the date of the expiration of this Lease. The Lessor and Lessee understand and agree that the obligation of the Lessee to pay the rental payments under this Lease shall constitute a current expense of the Lessee payable from its debt service fund or any other funds that are legally available for that purpose and shall not in any way be construed to be a debt of the Lessee in contravention of any applicable constitutional or statutory limitation. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee bank selected as Trustee (hereinafter called the "Trustee") under the Trust Indenture between the Trustee and the Lessor (hereinafter called the "Indenture") or to such other bank or trust indenture (company as may from time to time succeed such bank as Trustee under the “Indenture”) Indenture securing the first mortgage bonds to be issued by the Lessor to provide funds for finance the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”)Leased Premises. All payments so made by the Lessee shall be considered as payments payment to the Lessor of the rentals payable hereunder. The bank selected as Trustee shall be endorsed on this Lease at the end hereof by the parties hereto as soon as the same can be done after selection, and such endorsement shall be recorded as an addendum to this Lease. After the sale of the Bondsfirst mortgage bonds issued to finance the acquisition and renovation and construction of the Leased Premises, the annual rental provided for in the first paragraph of this Section 2 shall be reduced to an amount equal to the multiple of $1,000 next higher than the sum of principal and interest due on such bonds in each twelve (12) twelve-month period commencing each year ending on June 30 payable January 15 in semi‑annual installments together with an amount sufficient order to cover annual trustee fees and other administrative costs but not to exceed pay the debt service when due, plus Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made) payable in semiannual installments. Such amount of adjusted reduced annual rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, said bonds and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease Agreement

Rental Payments. The Lessee annual rental shall be paid in equal --------------- installments beginning on the Commencement Date and continuing on the first day of each and every month thereafter. Payments shall be made to CROWN, or such other person, firm or place as CROWN may, from time to time, designate in writing at least thirty (30) days in advance of any rental payment date. The amount of the annual rental shall be that amount designated on the applicable SLA. The rental amounts for an SLA shall be calculated according to the schedule set forth in Exhibit "D" attached hereto which amounts shall be adjusted on each Adjustment Date according to the formula set forth in Section 4.2. In the event that NEXTEL, at any time during this Agreement, is utilizing less than the Minimum Number of Sites, NEXTEL agrees to pay annual rental to CROWN for the Premises at a rate per year during total number of Sites representing the term difference between the Minimum Number of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on Sites and the value actual number of that portion of the Premises which is complete and ready for use and occupancy Sites being leased by the Lessee at the time such semi-annual installment is madeNEXTEL. The first rental installment shall be due on the later of (i) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual annual rental payment due before for each such Site shall equal the annual rental payment paid by NEXTEL for the lease of a CROWN Site having up to three (3) antenna placements at each of those respective Sites, as calculated pursuant to the schedule set forth in Exhibit "D" plus annual adjustments as identified in Section 4.2. It is understood that NEXTEL shall make no payments to CROWN for utilizing less than the Minimum Number of Sites until the passage of ninety (90) consecutive days during which there are fully executed SLAs for less than the Minimum Number of Sites. Upon the expiration of this Lease said ninety (90) day period, NEXTEL shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, immediately commence making the annual rental shall be reduced payments to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto CROWN as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lesseeabove.

Appears in 1 contract

Samples: Master Lease Agreement (Crown Castle International Corp)

Rental Payments. The Lessee agrees to pay annual rental for the Premises at a rate per year Unless otherwise agreed in writing, each regular periodic payment of rent due during the term of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, each LEASE shall be based due on either the value of that portion tenth (10th) day of the Premises which is complete and ready for use and occupancy by month or the Lessee at twenty-fifth (25th) day of the time such semi-annual installment is mademonth (the "billing date"). The first billing date under each LEASE where LESSEE's acceptance occurred after the twentieth (20th) day of the month and prior to the sixth (6th) day of the following month shall be the tenth (10th) day of the month immediately following LESSEE's acceptance of the EQUIPMENT, or, if LESSEE's acceptance occurs after the fifth (5th) day of a month and prior to the twenty-first (21st) day of the month, then the first billing date shall be the twenty-fifth (25th) day of the month that LESSEE completed its acceptance of the EQUIPMENT. On the date of acceptance of EQUIPMENT by LESSEE, LESSEE shall pay to LESSOR pro rated rent, together with applicable taxes, from the date of acceptance of the EQUIPMENT until the first billing date as interim rent. In addition, LESSEE shall pay to LESSOR, on demand by LESSOR, an amount equal to one thirtieth (1/30) of the proportional monthly rental payment per day for any amount funded by LESSOR prior to acceptance of the EQUIPMENT by LESSEE as additional interim rent. LESSEE agrees to pay rent for the minimum term specified on the Lease Schedule, commencing on the first billing date and continuing until the EQUIPMENT is returned to LESSOR on expiration or earlier termination of the LEASE. Each periodic rental installment shall be due the sum set forth on the later of (i) January 15applicable Lease Schedule, 2024; or (ii) the date on which plus any applicable sales and/or use taxes, and shall, at LESSOR's option, include a pro rata portion of that year's property tax. Payments shall be made by LESSEE at LESSOR's address set forth herein or as otherwise directed by LESSOR. LESSEE shall not xxxxx, set off, deduct any amount or reduce any payment for any reason without the Premises is available for use and occupancy prior written consent of LESSOR. Payments are delinquent if not in LESSOR's possession by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lesseedate.

Appears in 1 contract

Samples: Master Lease Agreement (Quintek Technologies Inc)

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Rental Payments. The Lessee agrees to pay annual rental for the Premises at a rate per year during the term of this Lease not to exceed One Million One Hundred Thirty-Five Thousand Dollars ($1,100,000.001,135,000). Each such semi-annual installment, payable as hereinafter described, shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of (i) January 15June 30, 2024or December 31, as determined by the Lessor and the Lessee at the time the parties hereto endorse the Addendum to Lease in the form attached hereto as Exhibit B; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual semi-annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed 30, plus Five Thousand Dollars ($5,000), payable in semi-annual installments. In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of an ad valorem tax levied by the Lessee County on all taxable property in the County pursuant to the IC 36-1-10-17 (the “Budgeted Property Tax Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Property Tax Revenues received by the Lessee.. The Lessee may pay the Fixed Rentals in advance to the Lessor, and, the Lessor shall use such amounts to optionally redeem all or a portion of the Bonds, on such dates and with such maturity dates as directed by the Lessee. After the prepayment of rent, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve

Appears in 1 contract

Samples: Lease

Rental Payments. The Lessee agrees (a) One day prior to pay annual rental for the Premises at a rate per year during the term first Business Day of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based each month beginning on the value first Business Day of that portion of the Premises which is complete February, 1998, and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of (i) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance each year thereafter until payment in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale full of the Bonds, the annual Company shall pay or cause to be paid to the Trustee for the account of the Issuer as rent a sum equal to the amount payable on each such date as principal of (whether at maturity or upon redemption prior to maturity) and interest on the Bonds, as provided in the Indenture. Each rental payment under this Section shall be reduced sufficient to pay the multiple total amount of $1,000 next higher than principal (whether at maturity or upon redemption prior to maturity) and interest payable on such payment date, and if at any payment date the balance in the Bond Fund is insufficient to make required payments of principal and interest due on such date, the Company shall forthwith pay any such deficiency. Such payments may be applied by the Trustee to reimburse the Credit Facility Issuer if funds for such payment or redemption are obtained or are to be obtained pursuant to a draw under the Credit Facility. On or by the third Business Day before the first Business Day of each month the Company's payment has not been received, the Issuer hereby directs the Trustee, in each twelve (12accordance with Section 5.2(d) month period commencing each year on June 30 payable of the Indenture, to give telephonic and written notice to the Company of the upcoming rental payment date. Anything herein to the contrary notwithstanding, any amount at any time held by the Trustee in semi‑annual installments together with an the Bond Fund shall be credited against the next succeeding rental payment and such credit shall reduce the payment to be then made by the Company; and further, if the amount held by the Trustee in the Bond Fund should be sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee pay at the time such semi-annual installment is made. Such amount times required the principal of adjusted rental shall be endorsed and interest on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, howeverall Bonds then remaining unpaid, the Lessee Company shall not be obligated to make any further rental payments under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties the provisions of the Lessee except the Budgeted Revenues received by the Lesseethis Section.

Appears in 1 contract

Samples: Lease Agreement (Laralev Inc)

Rental Payments. The Lessee agrees to pay annual rental for the Premises at a rate per year during total rent equal to the term "Amount of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00)Each Payment" multiplied by the number of payments specified in "No. Each such semi-annual installment, payable of Payments." Payments will be made in advance and periodically as hereinafter described, specified in "Terms" above. Payments shall be based on made by Lessee to Lessor as set forth above via ACH from Lessees bank or as otherwise allowed by Lessor. This document shall act as ACH authorization to Lessees bank. In the value event Lessor allows a different method of payment by Lessee, Lessee shall incur a billing charge equal to $5 per month which shall be added to the monthly invoice. Lessee shall not xxxxx, set off, deduct any amount, or reduce any payment for any reason. In the event this lease does not commence for any reason, Lessee agrees that portion of the Premises which Lessor is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is madeentitled to keep all Advance Payments as liquidated damages. The first rental installment payment shall be due on the later date of (i) January 15, 2024; or (ii) the date on which a portion acceptance of the Premises is available for use Equipment by Lessee, and occupancy by the Lessee. Thereafter, such rental subsequent payments shall be payable in advance in semi‑annual installments due on January 15 and July 15 the due date selected by Lessor of each year. The last semi‑annual rental payment due before succeeding month throughout the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date term of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bondsTHIS LEASE IS NOT CANCELABLE OR TERMINABLE BY LESSEE. LESSEE UNDERSTANDS AND ACKNOWLEDGES THAT NO BROKER OR SUPPLIER, or bonds issued to refund such bondsIS AUTHORIZED TO WAIVE OR ALTER ANY TERM OR CONDITION OF THIS LEASE, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the BondsAND NO REPRESENTATION AS TO THE EQUIPMENT OR ANY OTHER MATTER BY THE BROKER OR SUPPLIER, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In additionNOR ANY SALESMAN, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the BondsBROKER, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; providedOR AGENT OF ANY BROKER OR SUPPLIER, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the LesseeSHALL IN ANY WAY AFFECT LESSEE.

Appears in 1 contract

Samples: Espos Inc

Rental Payments. The Lessee agrees Tenant shall pay to pay annual rental for Landlord, in advance and without demand, on or prior to the Premises at a rate per year 15th day of each calendar month during the term Term (each, a “Payment Date”), in lawful money of this Lease not the United States of America, by wire transfer and pursuant to exceed One Million One Hundred Thousand Dollars the wiring instructions attached hereto as Schedule 3.1.1, or at such place, by such means or to such Person(s) as Landlord from time to time may designate in writing, the Fixed Rent ($1,100,000.00and Additional Rent in those instances described in Section 3.3 below) payable in respect of the one-month period commencing on said 15th day of such calendar month and ending on the 14th day of the following calendar month (each, a “Payment Period”). Each such semi-annual installmentLandlord may, payable as hereinafter describedby written notice to Tenant at any time and from time to time, elect to require that Rent (or portions thereof designated by Landlord) owing hereunder be paid to a lock box. Fixed Rent (and Additional Rent in those instances described in Section 3.3 below) shall be based on the value of that portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of (i) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable paid in advance in semi‑annual consecutive monthly installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted equal to provide for rental at the yearly rate so specified from the date such installment is due to the date 1/12th of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds Fixed Rent for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this applicable Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the LesseeYear; provided, however, that the Lessee first payment of Fixed Rent (and Additional Rent) was payable on the Commencement Date and prorated for the period from and including the Commencement Date through April 14, 2005, and the last monthly payment of Fixed Rent (and Additional Rent) shall be under no obligation prorated for the period from the last scheduled Payment Date prior to pay the Expiration Date through the Expiration Date. Fixed Rent payable for any Payment Period which includes a portion of two Lease Years shall be adjusted accordingly to reflect any increase in the rate of Fixed Annual Rentals Rent attributable to the later Lease Year. For example, if the Fixed Rent payable for the second Lease Year (April 1, 2006 – March 31, 2007) was $600.00, and the Fixed Rent for the third Lease Year (April 1, 2007 – March 31, 2008) was $615.00, such that the Fixed Rent due for each Payment Period during each of (a) the second Lease Year was $50.00 and (b) the third Lease Year was $51.25, then the Fixed Rent owing for the Payment Period which commenced on March 15, 2007 and ended on April 14, 2007 would be calculated pro rata based upon the number of days in such Payment Period which fall within each Lease Year, or Additional Rentals or any other amounts due hereunder from any moneys or properties by adding the products of the Lessee except the Budgeted Revenues received by the Lessee(i) $50.00 x 17/31 and (ii) $51.25 x 14/31, which equals $50.57.

Appears in 1 contract

Samples: Master Lease Agreement (Assisted Living Concepts Inc)

Rental Payments. The Lessee covenants and agrees to pay annual rental make Rental Payments to the Trustee at its principal office in immediately available funds, for the Premises at a rate per year account of the City during the term Lease Term, for deposit in the A Principal and Interest Account within the Bond Fund at least one (1) Business Day prior to the seventh (7th) day of this Lease not to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each each month A Bonds are Outstanding, beginning on , in amounts which, together with other moneys then on deposit in the A Principal and Interest Account within the Bond Fund and available for the payment of principal, premium, if any, and interest on the A Bonds on such semi-annual installment, payable as hereinafter describedPayment Dates, shall be based equal to the amount payable on such Rental Payment Dates as principal, premium, if any, and interest on the value of that portion A Bonds as provided in the Indenture. The Lessee further covenants and agrees to make Rental Payments to the Trustee at its principal office in immediately available funds, for the account of the Premises which is complete City during the Lease Term, for deposit in the B Principal and ready Interest Account within the Bond Fund on October 7, 2014 and each October 7 thereafter as long as the B Bonds are Outstanding, in amounts which, together with other moneys then on deposit in the Bond Fund and available for use the payment of principal, premium, if any, and occupancy by interest on the Lessee at the time B Bonds on such semi-annual installment is made. The first rental installment Payment Dates, shall be due equal to the amount payable on such Rental Payment Dates as principal, premium, if any, and interest on the later of (i) January 15, 2024; or (ii) B Bonds as provided in the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this LeaseIndenture. All rentals payable under the terms of Rental Payments provided for in this Lease Section shall be paid by the Lessee directly to the trustee (Trustee for the “Trustee”) under account of the trust indenture (City and shall be deposited in accordance with the “Indenture”) securing provisions of the bonds Indenture into the appropriate accounts within the Bond Fund to be issued held by the Lessor to provide funds Trustee in trust solely for the project on purposes set forth hereunder. The amounts deposited in the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”). All payments so made Bond Fund shall be used and applied by the Lessee shall be considered as payments to Trustee in the Lessor manner and for the purposes set forth in Section 6.02 of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the LesseeIndenture.

Appears in 1 contract

Samples: Lease Agreement

Rental Payments. The Lessee agrees to Tenant shall pay annual rental base rent ("Base Rent") for the Premises at a rate per year to Landlord throughout the Term on or before the first day of each calendar month during the term Term, without deduction or offset, in the amount(s) set forth in Section 5 hereof, as adjusted in accordance with Section 6, except that Tenant shall pay its first twelve (12) monthly installments of this Lease not to exceed One Million One Hundred Thousand Dollars Base Rent (i.e., $1,100,000.00)378,745.80) concurrently with Tenant's execution hereof. Each such semi-annual installmentIf the Term commences on a day other than the first day of a calendar month, payable as hereinafter described, then the Base Rent for the first partial month shall be based on the value of that portion equitably prorated. All sums payable by Tenant to Landlord hereunder shall be paid to Landlord, without deduction or offset, in lawful money of the Premises which United States of America, addressed to Landlord c/o The Real Estate Group, 0000 Xxxxx Xx Xxxxxxx Xxxxxxxxx, Xxxxx 000, Xxxxxxxxx, Xxxxxxxxxx 00000, or to such other person or at such other place as Landlord may from time to time designate in writing. If any rent (including Base Rent, Tenant's Share of Increased Costs and any other payment required to be made by Tenant) is complete and ready for use and occupancy not received by the Lessee at the time such semi-annual installment is made. The first rental installment shall be due on the later of Landlord within ten (i10) January 15, 2024; or (ii) the date on which a portion of the Premises is available for use and occupancy by the Lessee. Thereafter, such rental shall be payable in advance in semi‑annual installments on January 15 and July 15 of each year. The last semi‑annual rental payment due before the expiration of this Lease shall be adjusted to provide for rental at the yearly rate so specified from days after the date such installment is due due, Tenant shall pay a late charge equal to eight percent (8 %) of such installment and the date installment and late charge shall bear interest (i) during the initial Term at the lesser of twelve percent (12%) per annum or the highest rate permitted by law and (ii) thereafter at the highest rate permitted by law. Tenant recognizes and agrees that the late charge is intended to compensate Landlord for and is a reasonable estimate of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bondsadministrative, or bonds issued to refund such bondslegal, the “Bonds”). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees bookkeeping and other administrative expenses which will result from such delinquent rent payment, which costs but not and expenses would be extremely difficult and impractical to exceed Five Thousand Dollars ($5,000)calculate. In additionAny payment by Tenant or receipt by Landlord of a lesser amount than stipulated herein for Base Rent, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals rent or any other amounts charge hereunder shall be deemed payment of the earliest stipulated rent, additional rent or other charge then due. No endorsement or statement on a check and no letter accompanying any check or payment shall be deemed an accord and satisfaction. Landlord may accept any check or payment without prejudice to Landlord's rights to recover the balance of rent, additional rent or other charges then due hereunder from or to pursue any other revenues legally remedy set forth in this Lease or available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals at law or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lesseein equity.

Appears in 1 contract

Samples: Office Space Lease (Concentric Network Corp)

Rental Payments. The Lessee agrees to pay annual rental for (a) Commencing on the Premises at a rate per year during Commencement Date, and continuing thereafter throughout the term of this Lease, Tenant hereby agrees to pay the Base Rental (defined below) in accordance with this Section and Section 2.02, and Tenant's Forecast Additional Rental (defined below) and Tenant's Additional Rental Adjustment (defined below) in accordance with this Section and Section 2.03. Upon execution of this Lease not by Tenant, Tenant shall deliver to exceed One Million One Hundred Thousand Dollars ($1,100,000.00). Each such semi-annual installment, payable as hereinafter described, shall be based on Landlord the value installment of that portion Base Rental for the first full month of the Premises Lease in which Base Rental is complete and ready for use and occupancy by not abated (i.e., the Lessee at first full month of the time such semi-annual installment is made. The first rental installment shall be due on the later of Lease in which Base Rental exceeds Zero Dollars) together with (i) January 15if the Commencement Date is not the first day of the month, 2024; or the prorated Base Rental installment for the first partial month of the Lease term in which Base Rental is actually owed, calculated as provided in Section 2.01(b) and (ii) the date on which a portion Security Deposit required to be paid under Section 2.05. For purposes of this Lease, the Base Rental, Tenant's Additional Rental, Tenant’s Forecast Additional Rental, Tenant's Additional Rental Adjustment and the Parking Rent (defined below), and installments of the Premises is available for use foregoing, are individually and occupancy by the Lesseecollectively referred to as "Rent". Thereafter, such rental The Base Rental and Tenant's Forecast Additional Rental shall be due and payable in advance in semi‑annual installments equal monthly installments, sufficient to fully pay the Base Rental and Tenant's Forecast Additional Rental, respectively, for the year or partial year in question, on January 15 and July 15 the first day of each year. The last semi‑annual rental payment due before month during the expiration initial term of this Lease shall and any extensions or renewals hereof. Tenant agrees to so pay all Rent to Landlord at Landlord's address as provided herein (or such other address as may be adjusted designated by Landlord from time to provide for rental at the yearly rate so specified from the date such installment is due to the date of the expiration of this Lease. All rentals payable under the terms of this Lease shall be paid by the Lessee to the trustee (the “Trustee”) under the trust indenture (the “Indenture”) securing the bonds to be issued by the Lessor to provide funds for the project on the Premises (such bonds, or bonds issued to refund such bonds, the “Bonds”time). All payments so made by the Lessee shall be considered as payments to the Lessor of the rentals payable hereunder. After the sale of the Bonds, the annual rental shall be reduced to the multiple of $1,000 next higher than the principal and interest due in each twelve (12) month period commencing each year on June 30 payable in semi‑annual installments together with an amount sufficient to cover annual trustee fees and other administrative costs but not to exceed Five Thousand Dollars ($5,000). In addition, each such reduced semi-annual installment shall be based on the value of the portion of the Premises which is complete and ready for use and occupancy by the Lessee at the time such semi-annual installment is made. Such amount of adjusted rental shall be endorsed on this Lease at the end hereof in substantially the form of Exhibit B attached hereto by the parties hereto as soon as the same can be done after the sale of the Bonds, and such endorsement shall be recorded as an addendum to this Lease. The fixed annual rentals described in this Section 2 (the “Fixed Annual Rentals”) and the additional rentals described in Section 3 (the “Additional Rentals”) shall be payable solely from the budgeted revenues of the Lessee (the “Budgeted Revenues”). The Lessee may pay the Fixed Annual Rentals and the Additional Rentals or any other amounts due hereunder from any other revenues legally available to the Lessee; provided, however, the Lessee shall be under no obligation to pay any Fixed Annual Rentals or Additional Rentals or any other amounts due hereunder from any moneys or properties of the Lessee except the Budgeted Revenues received by the Lessee.

Appears in 1 contract

Samples: Lease Agreement (Synthesis Energy Systems Inc)

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