Examples of Variable Lease Payment in a sentence
As the highest applicable percentage ratio in respect of the highest total amount of the Variable Lease Payment for a year during the lease term is less than 0.1%, the Variable Lease Payment under the Lease Agreement constitutes a de minimis transaction pursuant to Rule 14A.76(1) of the Listing Rules and is fully exempt from shareholders’ approval, annual review and all disclosure requirements under Chapter 14A of the Listing Rules.
As such, under Chapter 14A of the Listing Rules, the transactions contemplated under the Lease Agreement and the Fixed Lease Payment constitute a one-off connected transaction of the Company, whereas the Variable Lease Payment will be regarded as a continuing connected transaction of the Company under Rule 14A.31 of the Listing Rules.
In the event the annual Management Fee or the annual Variable Lease Payment is likely to exceed the Annual Caps, Shoushi Changtai shall cooperate with Shouzhong Investment to comply with applicable Listing Rules and to obtain all necessary approvals and authorization, if required, in relation to the Agreement and the transactions contemplated thereunder.
The Management Fee and Variable Lease Payment were arrived at after arm’s length negotiation between the parties and were determined with reference to (i) terms in relation to the provision of service of similar nature in the market by or to independent third parties; (ii) the future development of the Project; and (iii) the operation experience and mode of parking project of industry/office park.
The Annual Caps for the annual Variable Lease Payment are determined after taking into account the following principal factors: (i) the future commercial development of Xxxxx’an Xxxxx, including the increase of enterprises, shops, brands and other tenants; (ii) the growth of traffic volumes of the Project; (iii) the value brought by parking service to the Project; and (iv) the synergistic effect of the Shougang Park and Xxxxx’an Xxxxx with the Project.
LISTING RULE IMPLICATIONS In accordance with HKFRS 16, the Group is required to recognize (i) the Lease Property as right-of-use asset, and as a result, the entry into of the Lease Agreement and the transactions contemplated thereunder will be regarded as acquisitions of assets by the Group pursuant to the Listing Rules; and (ii) the Variable Lease Payment as expenses incurred by the Group over the term of the Lease Agreement.
Under Chapter 14A of the Listing Rules, the transactions contemplated under the Lease Agreement and the Fixed Lease Payment constitute a one-off connected transaction of the Company, whereas the Variable Lease Payment will be regarded as a continuing connected transaction of the Company under Rule 14A.31 of the Listing Rules.
The Variable Lease Payment is linked to the Occupancy Rate, and will be recognized as expenses of the Group over the term of the Lease Agreement.
There is no revision of the Annual Caps for both the annual Management Fee and annual Variable Lease Payment, which shall be RMB6,000,000 per year.
In the event the annual Management Fee or the annual Variable Lease Payment is likely to exceed the Annual Caps, Shoushi Changtai shall cooperate with E Park Operation to comply with applicable Listing Rules and to obtain all necessary approvals and authorization, if required, in relation to the Amended Agreement and the transactions contemplated thereunder.