Adjustments to Prorations. Subject to Section 6.3(a) and 6.3(c)(iv) above, after the Closing, the parties shall from time to time, as soon as is practicable after accurate information becomes available and in any event within one (1) year following the Closing Date, recalculate and reapportion any of the items subject to proration or apportionment (i) which were not prorated and apportioned at the Closing because of the unavailability of the information necessary to compute such proration, or (ii) which were prorated or apportioned at the Closing based upon estimated or incomplete information, or (iii) for which any errors or omissions in computing prorations at the Closing are discovered subsequent thereto, and thereafter the proper party shall be reimbursed based on the results of such recalculation and reapportionment. Unless otherwise specified herein, all such reimbursements shall be made on or before thirty (30) days after receipt of notice of the amount due. Any such reimbursements not timely paid shall bear interest at a per annum rate equal to ten percent (10%) from the due date until all such unpaid sums together with all interest accrued thereon are paid if payment is not made within ten (10) days after receipt of a xxxx therefor.
Appears in 3 contracts
Samples: Purchase and Sale Agreement (Burnham Pacific Properties Inc), Purchase and Sale Agreement (Weingarten Realty Investors /Tx/), Purchase and Sale Agreement (Weingarten Realty Investors /Tx/)
Adjustments to Prorations. Subject to Section 6.3(a) and 6.3(c)(iv) above, after the Closingclosing, the parties shall from time to time, as soon as is practicable after accurate information becomes available and in any event within one (1) year 180 days following the Closing Date, recalculate and reapportion any of the items subject to proration or apportionment (i) which were not prorated and apportioned at the Closing closing because of the unavailability of the information necessary to compute such proration, or (ii) which were prorated or apportioned at the Closing closing based upon estimated or incomplete information, or (iii) for which any errors or omissions in computing prorations at the Closing closing are discovered subsequent thereto, and thereafter the proper party shall be reimbursed based on the results of such recalculation and reapportionment. Unless otherwise specified herein, all such reimbursements shall be made on or before thirty (30) days after receipt of notice of the amount due. Any such reimbursements not timely paid shall bear interest at a per annum rate equal to ten percent (10%) from the due date until all such unpaid sums together with all interest accrued thereon are is paid if payment is not made within ten (10) days after receipt of a xxxx thereforbill xxxrefor.
Appears in 2 contracts
Samples: Purchase and Sale Agreement (Amb Property Corp), Purchase and Sale Agreement (Amb Property Corp)
Adjustments to Prorations. Subject to Section 6.3(a) and 6.3(c)(iv) above, after After the Closing, the parties Meridian' Agent and Acquiror shall from time to time, as soon as is practicable after accurate information becomes available available, and in any event within one three hundred sixty-five (1365) year days following the Closing Date, recalculate and reapportion any of the items subject to proration or apportionment (i) which were not prorated and apportioned at the Closing because of the unavailability of the information necessary to compute such proration, or (ii) which were prorated or apportioned at the Closing based upon estimated or incomplete information, information or (iii) for which any errors or omissions in computing prorations at the Closing are discovered subsequent thereto, and thereafter the proper party shall be reimbursed based on the results of such recalculation and reapportionment. Unless otherwise specified herein, all such reimbursements shall be made on or before thirty (30) days after receipt of notice of the amount due. Any such reimbursements not timely paid shall bear interest at a per annum the rate equal to ten often percent (10%) per annum from the due date until all such unpaid sums together with all interest accrued thereon are paid if payment is not made within ten (10) days after receipt of a xxxx thereforpaid.
Appears in 1 contract
Samples: Contribution, Exchange and Sale Agreement (CBL & Associates Properties Inc)
Adjustments to Prorations. Subject to Section 6.3(a) and 6.3(c)(iv) above, after After the Closing, the ------------------------- parties shall from time to time, as soon as is practicable after accurate information becomes available and in any event within one hundred and eighty (1180) year days following the Closing Date, recalculate and reapportion any of the items subject to proration or apportionment (i) which were not prorated and apportioned at the Closing because of the unavailability of the information necessary to compute such proration, or (ii) which were prorated or apportioned at the Closing based upon estimated or incomplete information, or (iii) for which any errors or omissions in computing prorations at the Closing are discovered subsequent thereto, and thereafter the proper party shall be reimbursed based on the results of such recalculation and reapportionment. Unless otherwise specified herein, all such reimbursements shall be made on or before thirty (30) days after receipt of notice of the amount due. Any such reimbursements not timely paid shall bear interest at a per annum rate equal to ten percent (10%) from the due date until all such unpaid sums together with all interest accrued thereon are is paid if payment is not made within ten (10) days after receipt of a xxxx therefor.
Appears in 1 contract