Percentage Share. Subject to adjustment as provided in Section 2.3(b) below, each Member’s (i) name, (ii) Initial Capital Contributions, and (iii) Percentage Share are set forth in Schedule I attached hereto and made a part hereof.
Percentage Share. The Percentage Share for each Lessor Party shall be determined from time to time by the Agent in good faith, with such determination by the Agent being conclusive and binding on each Lessor Party and the Credit Parties, absent manifest error. The Agent shall maintain records regarding the Percentage Share (which may be set forth in the Register), and promptly upon any such change regarding the Percentage Share of any Lessor Party, the Agent shall provide a report to the Lessor Parties detailing the then current Percentage Shares of all the Lessor Parties.
Percentage Share. Tenant's percentage share of the costs described ---------------- above shall be the percentage stated in the Lease Summary, or, if no percentage is there stated, shall be determined by the square footage of the Premises divided by the square footage of the Building. However, if Tenant utilizes more than its proportionate share of the Common Area, for parking or other purposes, or more than a normal amount of any utility service, then Landlord may equitably increase Tenant's percentage share of costs associated with those items to account for such additional usage. Tenant's percentage share of property taxes may also be equitably adjusted by Landlord to take account of any disproportionate burden imposed by special improvements or valuations relating to other portions of the building or to other buildings on the tax parcel, which adjustment may raise or lower Tenant's percentage share; valuation data contained on the tax assessor's worksheets, if available, shall conclusively determine the manner in which any equitable adjustment is to be made. Tenant shall have the right to review the tax assessor's worksheets as a method of auditing Landlord's allocations of property taxes to be paid by Tenant.
Percentage Share. Tenant shall also pay to Landlord an amount equal to Tenant’s Percentage Share of any increase in Assessments above the amount of Assessments levied or assessed against the Facility for the Base Tax Year. As used in this Section 6, the term “Assessments” shall mean all assessments, transit charges, housing charges, and levies assessed, charged, levied, confirmed, or imposed by any local government, any political subdivision, public corporation, district, or other local political or public entity or public authority thereof on or with respect to any of the items described in clauses (a) through (e) of Subsection 6.2.1 or with respect to the use, occupancy, management, maintenance, alteration, repair, or operation of the Facility (or any portion thereof) or any services or utilities furnished or consumed in connection with the use, occupancy, management, alteration, repair or operation of the Facility (or any portion thereof). Neither “Taxes” nor “Assessments” shall include any costs, taxes, fees, assessments, or impositions levied, charged, assessed, or imposed by public authorities in connection with any development or redevelopment of the Facility or expansion of the Building (other than those Assessments that are generally applicable to similarly situated property owners absent any such development or redevelopment or expansion), except to the extent such Assessments either arise from actions undertaken by Landlord in its reasonable efforts to comply with the requirements of this Lease or are legally mandated, as opposed to discretionary actions. Except to the extent otherwise expressly provided below, the amount of Assessments attributable to the Base Tax Year shall be reduced by the amount of any Assessment refund arising out of an appeal of an assessment levied or assessed against the Facility for the Base Tax Year.
Percentage Share. Commencing as of the Renewal Commencement Date, (i) Tenant’s percentage share of Property Taxes and Operating Expenses for the Premises shall be calculated based on 38,345 rentable square feet, (ii) Tenant’s percentage share of Operating Expenses allocated to the Building shall be sixty-one and 52/100ths percent (61.52%), and (iii) Tenant’s percentage share of Operating Expenses allocated to the Project shall be thirty-three and 5/100ths percent (33.05%).
Percentage Share. The definition of "Tenant's Percentage Share" set forth in the Basic Lease Information of the Lease is hereby amended to be 25.52%.
Percentage Share. Participant hereby irrevocably and unconditionally agrees to pay on demand by Swap Bank, without counterclaim or set off, % (the "Percentage Share") of all Swap Liabilities (as defined below). As used herein, "Swap Liabilities" means, without duplication, (a) all amounts payable by Counterparty to Swap Bank under Section 6(e) of the Swap Agreement with respect to the Counterparty Transaction, (b) all amounts paid by Counterparty to Swap Bank in respect of the Counterparty Transaction and subsequently restored, refunded, repaid or returned to Counterparty or its successor in interest (including, without limitation, a debtor in possession or trustee in bankruptcy) for any reason, whether by reason of insolvency, bankruptcy or reorganization of Counterparty or otherwise, (c) all unpaid interest due from Counterparty to Swap Bank in respect of the Counterparty Transaction, and (d) all other amounts owing by Counterparty to Swap Bank in respect of the Counterparty Transaction, in each case (i) to the extent certified by Swap Bank (whether in its demand for payment or otherwise) as not having been paid by Counterparty when due, and (ii) less any amounts payable by Swap Bank to Counterparty in respect of the Counterparty Transaction. “Swap Liabilities” shall not include any losses suffered by Swap Bank that are the subject of an indemnity claim by Participant under Section 9.
Percentage Share. Effective September15, 2015, Lessee’s Percentage Share of Basic Costs for the Premises (which shall then include Additional Space) is a total of 11.59% (the ratio of 12,443 RSF of the Premises to the building total of 107,372 RSF). Effective upon the Substantial Completion of the Expansion Space Work (as such term is defined in the Lease), Lessee’s Percentage Share of Basic Costs for the Premises shall further increase to a total of 14.3% (the ratio of 15,380 RSF of the Premises to the building total of 107,372 RSF).
Percentage Share. Per Article 3(b)3 of the Master Lease, Lessee’s Share of Complex Operating Costs relating to the Demised Premises shall be changed to 40.62% and per Article 12(c) of the Master Lease, the total area of finished space in the Demised Premises shall be changed to 35,797 square feet.
Percentage Share for each Lender shall mean on any date of determination (i) for purposes of sharing any amount or fee payable to any Lender in respect of the Facility (or subfacility thereof), the proportion that the portion of the Principal Debt for the Facility (or subfacility thereof) owed to such Lender (whether held directly or through a participation in respect of the Letter of Credit subfacility and determined after giving effect thereto) bears to the Principal Debt under the Facility (or subfacility thereof) owed to all Lenders thereunder at the time in question, and (b) for all other purposes, the proportion that the portion of the Principal Debt owed to such Lender bears to the Principal Debt owed to all Lenders at the time in question, or if no Principal Debt is outstanding, then the proportion that the aggregate of such Lender’s Commitment then in effect under the Facility bears to the Revolver Commitment then in effect. Permitted Acquisition shall mean any acquisition made pursuant to Section 9.03(j). Permitted Merger shall mean such merger or consolidation as is permitted under Section 9.09. Person shall mean any individual, corporation, company, voluntary association, partnership, joint venture, trust, unincorporated organization or government or any agency, instrumentality or political subdivision thereof, or any other form of entity. Plan shall mean any employee pension benefit plan, as defined in Section 3(2) of ERISA, which (i) is currently or hereafter sponsored, maintained or contributed to by the Borrower, any Subsidiary or an ERISA Affiliate or (ii) was at any time during the preceding six calendar years sponsored, maintained or contributed to, by the Borrower, any Subsidiary or an ERISA Affiliate. Pledges shall have the meaning assigned to such term in Section 10.03.
