Common use of Acceleration of Rent Clause in Contracts

Acceleration of Rent. If a Lease Event of Default shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 18. 1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.4, Lessor may, upon written notice to Lessee, accelerate all payments of Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, equal to the sum of (a) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate), as applicable, due from the date of such acceleration until the later of (i) the end of the Basic Term or (ii) the payment of the Termination Value, plus (b) the Termination Value provided that in no event shall such amount exceed the sum of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments pursuant to Article XXIII). Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property for the remainder of the Basic Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII (but not including those set forth in this Section 18.5). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Acceleration of Rent. If a Lease Event of Default shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 18. 117.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.417.3(c), Lessor may, may upon written notice to Lessee, Lessee accelerate all payments of Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, amount equal to the sum of (a) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate), as applicable, due from the date of such acceleration until the later of (i) the end of the Basic Term or (ii) the payment of the Termination ValueTerm, plus (b) the Termination Value provided Maximum Residual Guarantee Amount that in no event shall such amount exceed would be payable under Section 21.1(c) assuming the sum proceeds of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments sale pursuant to Article XXIII)such Section 21.1(c) are equal to zero, which sum is then discounted to present value at a rate equal to the rate then being paid on United States treasury securities with maturities corresponding to the then remaining Term. Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property Project for the remainder of the Basic Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII Section 17 (but not including those set forth in this Section 18.517.3). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Acceleration of Rent. If a Lease Event of Default shall have -------------------- occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 18. 117.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.417.3(c), Lessor may, may upon written notice to Lessee, Lessee accelerate all payments of Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, amount equal to the sum of (a) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate), as applicable, due from the date of such acceleration until the later of (i) the end of the Basic Term or (ii) the payment of the Termination ValueTerm, plus (b) the Termination Value provided Maximum Residual Guarantee ---- Amount that in no event shall such amount exceed would be payable under Section 21.1(c) assuming the sum proceeds of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments sale pursuant to Article XXIII)such Section 21.1(c) are equal to zero, which sum is then discounted to present value at a rate equal to the rate then being paid on United States treasury securities with maturities corresponding to the then remaining Term. Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property for the remainder of the Basic Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII Section 17 (but not including those set forth in this Section 18.517.3). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Acceleration of Rent. If a Lease Event of Default shall have -------------------- occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 18. 117.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.417.3(c), Lessor may, may upon written notice to Lessee, Lessee accelerate all payments of Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, amount equal to the sum of (a) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate), as applicable, due from the date of such acceleration until the later of (i) the end of the Basic Term or (ii) the payment of the Termination ValueTerm, plus (b) the Termination Value provided Maximum Residual Guarantee Amount that in no event shall such amount exceed would be payable ---- under Section 21.1(c) assuming the sum proceeds of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments sale pursuant to Article XXIII)such Section 21.1(c) are equal to zero, which sum is then discounted to present value at a rate equal to the rate then being paid on United States treasury securities with maturities corresponding to the then remaining Term. Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property for the remainder of the Basic Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII Section 17 (but not including those set forth in this Section 18.517.3). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Acceleration of Rent. If a Lease Event of Default shall have occurred and be continuing, continuing and this Lease shall not have been terminated pursuant to Section 18. 117.1 hereof, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.417.4 hereof, Lessor may, may upon written notice to Lessee, Lessee accelerate all payments of Basic Rent and the Residual Value Guarantee Amount due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, amount equal to the sum of (ai) all Basic Rent (assuming interest at a rate Eurodollar Reserve Rate per annum equal to the then applicable Overdue Rate), as applicable, ) due from the date of such acceleration until the later of (i) the end of the Basic Term or Renewal Term; plus (ii) the payment Residual Value Guarantee Amount discounted to present value at a rate per annum equal to the lesser of (A) the Termination Value, rate then being paid on United States treasury securities with maturities corresponding to the then remaining Basic Term or Renewal Term or (B) five percent (5%); plus (biii) the Termination Value provided that all other amounts owing in no event shall such amount exceed the sum respect of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments pursuant to Article XXIII). Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property for the remainder of the Basic Term, subject to the terms Rent and conditions of Supplemental Rent theretofore accruing under this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII (but not including those set forth in this Section 18.5). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.

Acceleration of Rent. If a Lease Event of Default shall have occurred and be continuing, and this Lease shall not have been terminated pursuant to Section 18. 117.1, and whether or not Lessor shall have collected any current liquidated damages pursuant to Section 18.417.3(c), Lessor may, may upon written notice to Lessee, Lessee accelerate all payments of Basic Rent due hereunder and, upon such acceleration, Lessee shall immediately pay Lessor, as and for final liquidated damages and in lieu of all current liquidated damages on account of such Lease Event of Default beyond the date of such acceleration (it being agreed that it would be impossible accurately to determine actual damages) an amount, amount equal to the sum of (a) all Basic Rent (assuming interest at a rate per annum equal to the Overdue Rate), as applicable, due from the date of such acceleration until the later of (i) the end of the Basic Term or (ii) the payment of the Termination ValueTerm, plus (b) the Termination Value provided Maximum Residual Guarantee Amount that in no event shall such amount exceed would be payable under Section 21.1(c) assuming the sum proceeds of the Termination Value plus the Developer Yield (Developer Yield being subject to adjustments sale pursuant to Article XXIII)such Section 21.1(c) are equal to zero, which sum is then discounted to present value at a rate equal to the rate then being paid on United States treasury securities with maturities corresponding to the then remaining Term. Following payment of such amount by Lessee, Lessee will be permitted to stay in possession of the Property for the remainder of the Basic Term, subject to the terms and conditions of this Lease, including the obligation to pay Supplemental Rent, provided that no further Lease Event of Default shall occur and be continuing, following which Lessor shall have all the rights and remedies set forth in this Article XVIII (but not including those set forth in this Section 18.5). If any statute or rule of law shall limit the amount of such final liquidated damages to less than the amount agreed upon, Lessor shall be entitled to the maximum amount allowable under such statute or rule of law.set