Common use of Acceleration of Rent Clause in Contracts

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 6 contracts

Samples: Service Lease (JGWPT Holdings Inc.), Lease (Qad Inc), Lease (GMH Communities Trust)

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Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s 's option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant pursuant to a judgment shall be discounted to present value using an interest rate of six ten percent (610%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 2 contracts

Samples: Lease (Immune Response Corp), Immune Response Corp

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s 's option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 2 contracts

Samples: Ict Group Inc, Pharmaceutical Product Development Inc

Acceleration of Rent. By notice to TenantSUBTENANT, Landlord SUBLANDLORD shall have the right to accelerate all Fixed Annual Rent and all expense installments any other amount due hereunder and otherwise payable in installments over the remainder of the Term, and, at LandlordSUBLANDLORD’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant SUBTENANT within five (5) days after Landlord SUBLANDLORD has so notified TenantSUBTENANT, such amount collected from Tenant SUBTENANT shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant SUBTENANT during the remainder of the Term, in the amounts and at the times otherwise provided for in this LeaseSublease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant SUBTENANT fails to pay the accelerated rent in full when due, Landlord SUBLANDLORD thereafter shall have the right by notice to TenantSUBTENANT, (i) to terminate TenantSUBTENANT’s further right to possession of the Leased Premises and (ii) to terminate this Lease Sublease under subparagraph (b) below; and if Tenant SUBTENANT shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after LandlordSUBLANDLORD’s termination of possession or termination of this Lease Sublease shall be applied by Landlord SUBLANDLORD against TenantSUBTENANT’s obligations owing to LandlordSUBLANDLORD, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 2 contracts

Samples: Sublease (DMC Global Inc.), Sublease (Dynamic Materials Corp)

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s 's option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five twenty (520) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 1 contract

Samples: Easylink Services Corp

Acceleration of Rent. By notice to Tenant, Landlord shall -------------------- have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s 's option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant pursuant to a judgment shall be discounted to present value using an interest rate of six ten percent (610%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph paragraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs paragraphs (c) and (d) below.

Appears in 1 contract

Samples: Sublease and Environmental Conditioning Agreement (Capsule Communications Inc De)

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Minimum Annual Rent, Additional Rent and all expense installments any other sums due hereunder and otherwise payable in installments over the remainder of the TermTerm (which payments, and, at Landlord’s option, any other Additional Rent to the extent that such not fixed hereunder, shall be based on the reasonable estimates of Landlord, including, without limitation, estimates as to the total amount of Additional Rent can be determined and calculated to a fixed sum; which would have been paid over the Term but for Tenant's default) and the amount of accelerated rent to the termination daterent, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on upon election of remedies or otherwise, if Tenant fails to pay the accelerated rent defaults in full when due, its Lease obligations Landlord thereafter shall have the right by notice to Tenant, may (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) seek to collect accelerated rents and (iii) terminate this Lease under subparagraph paragraph (b) below; and these remedies shall not be unusually exclusive, if Tenant Tenant's shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, Landlord as determined by the applicable provisions of subparagraphs paragraphs (c) and (d) below.

Appears in 1 contract

Samples: Indenture of Lease (X & O Cosmetics, Inc)

Acceleration of Rent. By If permitted by law, by notice to TenantLessee, Landlord Lessor shall have the right to accelerate all Fixed Rent Rental Amount(s) and all expense installments due hereunder and otherwise payable in installments over the remainder of the Rental Term, and, at LandlordLessor’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination dateAccelerated Rent, without further notice or demand for payment, shall be due and payable by Tenant Lessee within five (5) days after Landlord Lessor has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annumLessee. Additional Rent which has not been included, in whole or in part, in accelerated rentAccelerated Rent, shall be due and payable by Tenant Lessee during the remainder of the Rental Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant Lessee fails to pay the accelerated rent Accelerated Rent in full when due, Landlord Lessor thereafter shall have the right by notice to TenantLessee, (i) to terminate TenantLessee’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) Sub-paragraph b. below; and if Tenant Lessee shall have paid part but not all of the accelerated rentAccelerated Rent, the portion thereof attributable to the period equivalent to the part of the Term term remaining after LandlordLessor’s termination of possession or termination of this Lease shall be applied by Landlord Lessor against TenantLessee’s obligations owing to Landlord, Lessor as determined by the applicable provisions of subparagraphs (c) Sub-paragraph C. and (d) D. below.

Appears in 1 contract

Samples: Summary of Agreement (Sancilio Pharmaceuticals Company, Inc.)

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Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annumthe Wall Street Journal Prime Rate. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 1 contract

Samples: Assignment of Lease (RAIT Financial Trust)

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s 's option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six eight percent (68%) per annumannum over Prime Rate as defined in Section 22(g). Additional Rent which has not been been. included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Landlord shall refund any windfall to Tenant if Landlord is able to mitigate its loss by reletting the Premises. Landlord shall deduct all of its direct costs in mitigating such loss prior to determining whether a windfall exists. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s 's further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s 's termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s 's obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 1 contract

Samples: Lease (Sciquest Inc)

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant pursuant to a judgment shall be discounted to present value using an interest rate of six ten percent (610%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph paragraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs paragraphs (c) and (d) below.

Appears in 1 contract

Samples: Lease (Ameriquest, Inc.)

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five (5) days after Landlord has so notified Tenant, such amount collected from Tenant pursuant to a judgment shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 1 contract

Samples: Auxilium Pharmaceuticals Inc

Acceleration of Rent. By notice to Tenant, Landlord shall have the right to accelerate all Fixed Rent and all expense installments due hereunder and otherwise payable in installments over the remainder of the Term, and, at Landlord’s option, any other Additional Rent to the extent that such Additional Rent can be determined and calculated to a fixed sum; and the amount of accelerated rent to the termination date, without further notice or demand for payment, shall be due and payable by Tenant within five ten (510) days after Landlord has so notified Tenant, such amount collected from Tenant shall be discounted to present value using an interest rate of six percent (6%) per annum. Additional Rent which has not been included, in whole or in part, in accelerated rent, shall be due and payable by Tenant during the remainder of the Term, in the amounts and at the times otherwise provided for in this Lease. If Tenant pays the accelerated Rent as set forth in the prior paragraph, Tenant shall have the right to continued possession of the Premises or a right to a credit pursuant to Sections 22(c) and 22(d) below. Notwithstanding the foregoing or the application of any rule of law based on election of remedies or otherwise, if Tenant fails to pay the accelerated rent in full when due, Landlord thereafter shall have the right by notice to Tenant, (i) to terminate Tenant’s further right to possession of the Premises and (ii) to terminate this Lease under subparagraph (b) below; and if Tenant shall have paid part but not all of the accelerated rent, the portion thereof attributable to the period equivalent to the part of the Term remaining after Landlord’s termination of possession or termination of this Lease shall be applied by Landlord against Tenant’s obligations owing to Landlord, as determined by the applicable provisions of subparagraphs (c) and (d) below.

Appears in 1 contract

Samples: Medquist Inc

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