Collected Rent. All collected rent (including tenant reimbursements for Operating Costs) and other collected income (and any applicable state or local tax on rent) under the Lease shall be prorated as of the Closing. Except as provided in Section 6.1(b), no prorations shall be made for any unpaid rent due and payable prior to Closing or for delinquent rents existing, if any, as of the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period of time after Closing. Any prepaid rents for the period following the Closing Date shall be paid over by Seller to Buyer. For a period of 90 days after the Closing, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing to collect and deliver to Seller all rents or other payments that were applicable to the period before Closing. Seller may pursue collection as to any rent not collected by Buyer within 6 months following the Closing Date, provided that Seller shall have no right to terminate the Lease or Tenant’s occupancy under the Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
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Samples: Purchase and Sale Agreement (Industrial Property Trust Inc.), Purchase and Sale Agreement (Industrial Property Trust Inc.)
Collected Rent. All collected rent (including excluding tenant reimbursements for Operating CostsExpenses) and other collected income (and any applicable state or local tax on rent) under Leases in effect on the Lease Closing Date shall be prorated as of the Closing. Except as provided in Section 6.1(b), no prorations shall be made for any unpaid rent due and payable prior to Closing or for delinquent rents existing, if any, as of the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period of time after Closing. Uncollected rent and other income shall not be prorated. Purchaser (and Seller, if collected by Seller) shall apply rent and other income from tenants that are collected after the Closing first to the obligations then owing to Purchaser for its period of ownership and to costs of collection, remitting the balance, if any, to Seller. Any prepaid rents for the period following the Closing Date shall be paid over by Seller to BuyerPurchaser. For a period of 90 days after following the Closing, Buyer shall use its commercially Purchaser will make reasonable efforts (Buyer shall not be obligated efforts, without suit or obligation to declare default or incur any out-of-pocket expenses or commence litigation) after the Closing costs, to collect and deliver to Seller all any rents or other payments that were applicable to the period before Closing. Seller may pursue collection as to any rent not collected by Buyer Purchaser within 6 months following the Closing Date, provided that Seller shall have no right to terminate the any Lease or Tenantany tenant’s occupancy under the any Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
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Samples: Purchase and Sale Agreement (BLACK CREEK INDUSTRIAL REIT IV Inc.)
Collected Rent. All collected rent (including tenant reimbursements for Operating Costs) and other collected income (and any applicable state or local tax on rent) under Leases in effect on the Lease Closing Date shall be prorated as of the Closing. Except as provided in Section 6.1(b), no prorations shall be made for any unpaid rent due and payable prior to Closing or for delinquent rents existing, if any, as of the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period of time after Closing. Any prepaid rents for the period following the Closing Date shall be paid over by Seller to Buyer. For a period of 90 ninety (90) days after the Closing, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing to collect and deliver to Seller all rents or other payments that were applicable to the period before Closing. Seller may pursue collection as to any rent not collected by Buyer within 6 six (6) months following the Closing Date, provided that Seller shall have no right to terminate the any Lease or Tenantany tenant’s occupancy under the any Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Industrial Income Trust Inc.)
Collected Rent. All collected rent (including excluding tenant reimbursements for Operating Costs, which are prorated pursuant to (b) below) and other collected income (and any applicable state or local tax on rent) under the Lease Lease(s) in effect on the Closing Date shall be prorated as of the Closing. Except as provided in Section 6.1(b), no prorations shall be made for any unpaid rent due and payable prior to Closing or for delinquent rents existing, if any, as of the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period of time after Closing. Uncollected rent and other income shall not be prorated. Purchaser shall apply rent and other income from tenants that are collected after the Closing first to the obligations then owing to Purchaser for its period of ownership and to costs of collection, remitting the balance, if any, to Seller. Any prepaid rents for the period following the Closing Date shall be paid over by Seller to BuyerPurchaser. For a period of 90 days after the ClosingPurchaser will make reasonable efforts, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing without suit, to collect and deliver to Seller all any rents or other payments that were applicable to the period before Closing. Seller may pursue collection as to any rent not collected by Buyer Purchaser within 6 months following the Closing Date, provided that Seller shall have no right to terminate the any Lease or Tenant’s any tenant's occupancy under the any Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)
Collected Rent. All collected rent (including tenant reimbursements for excluding Operating CostsExpense Pass-Throughs) and other collected income (and any applicable state or local tax on rent) under Leases in effect on the Lease Closing Date shall be prorated as of the Closing. Except as provided in Section 6.1(b), no prorations shall be made for any unpaid rent due and payable prior to Closing or for delinquent rents existing, if any, as of the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period of time after Closing. Uncollected rent and other income shall not be prorated. Purchaser shall apply rent and other income from Tenants that are collected after the Closing unless the Tenant properly identifies the payment as being for a specific item, in the following order: (i) first, to Purchaser's reasonable costs of collection incurred with respect to such Tenant, (ii) second, to Purchaser in payment of the current rent due under such Lease, (iii) third, to Purchaser in payment of delinquent rent due under such Lease for the period from and after the Closing, and (iv) fourth, to Seller in payment of rent coming due and payable prior to the Closing. Any prepaid rents for the period following the Closing Date shall be paid over by Seller to BuyerPurchaser. For a period of 90 days after the ClosingPurchaser will make reasonable efforts, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing without suit, to collect and deliver to Seller all any rents or other payments that were applicable relating to the period before Closing. Seller may pursue collection as to any rent not collected by Buyer within 6 months following the Closing Date, provided that Seller shall have no right to terminate the Lease or Tenant’s occupancy under the Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
Appears in 1 contract
Collected Rent. All collected rent (including including, without limitation, all base rents, additional rents and retroactive rents, and expressly excluding tenant reimbursements for Operating Costs, as hereinafter defined) and all other collected income (and any applicable state or local tax on rent) (hereinafter collectively referred to as "RENTS") collected under the Lease shall be prorated as of the ClosingClose of Escrow. Except as provided in Section 6.1(b)Uncollected Rent shall not be prorated and, no prorations shall be made to the extent payable for any unpaid rent due and payable the period prior to Closing the Close of Escrow, shall remain the property of Seller. Buyer shall apply Rent from the tenant under the Lease that is collected within twelve (12) months after the Close of Escrow first to Rents which were due to Seller on or for delinquent rents existing, if any, as before the Close of Escrow and second to Rents which are due to Buyer after the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period Close of time after ClosingEscrow. Any prepaid rents Rents for the period following the Closing Date shall be paid over by Seller to Buyer. For a period of 90 days after the ClosingBuyer will make reasonable efforts, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing without suit, to collect and deliver to Seller all rents or other payments that were any Rents applicable to the period before Closingthe Close of Escrow including, without limitation, sending to the tenant under the Lease bills for the payment of past due Rents during the first twelve (12) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as to any rent not collected by Buyer within 6 months following of the Closing Date, provided that Seller shall have no right to terminate the Lease or Tenant’s the tenant's occupancy under the any Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)
Collected Rent. All collected rent (including including, without limitation, all base rents, additional rents and retroactive rents, and expressly excluding tenant reimbursements for Operating Costs, as hereinafter defined) and all other collected income (and any applicable state or local tax on rent) (hereinafter collectively referred to as "Rents") collected under the Lease shall be prorated as of the ClosingClose of Escrow. Except as provided in Section 6.1(b)Uncollected Rent shall not be prorated and, no prorations shall be made to the extent payable for any unpaid rent due and payable the period prior to Closing the Close of Escrow, shall remain the property of Seller. Buyer shall apply Rent from the tenant under the Lease that is collected within twelve (12) months after the Close of Escrow first to Rents which were due to Seller on or for delinquent rents existing, if any, as before the Close of Escrow and second to Rents which are due to Buyer after the Closing Date. Seller shall be charged with any rent and other income collected by Seller before Closing but applicable to any period Close of time after ClosingEscrow. Any prepaid rents Rents for the period following the Closing Date shall be paid over by Seller to Buyer. For a period of 90 days after the ClosingBuyer will make reasonable efforts, Buyer shall use its commercially reasonable efforts (Buyer shall not be obligated to incur any out-of-pocket expenses or commence litigation) after the Closing without suit, to collect and deliver to Seller all rents or other payments that were any Rents applicable to the period before Closingthe Close of Escrow including, without limitation, sending to the tenant under the Lease bills for the payment of past due Rents during the first twelve (12) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as to any rent not collected by Buyer within 6 months following of the Closing Date, provided that Seller shall have no right to terminate the Lease or Tenant’s the tenant's occupancy under the any Lease in connection therewith. All rents received by Buyer following the Closing shall be applied against the most recently accrued rent, and then to any amounts due to Seller prior to Closing.
Appears in 1 contract
Samples: Purchase and Sale Agreement (Behringer Harvard Mid Term Value Enhancement Fund I Lp)