Common use of Collected Rent Clause in Contracts

Collected Rent. All rent (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 income (and any applicable state or local tax on rent) (hereinafter collectively referred to as “Rents”) collected under Leases in effect on the Closing Date shall be prorated as of the Close of Escrow. Buyer shall receive a credit against the Purchase Price for any free rent credits owing to any tenant (for periods from and after the Closing Date) to the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) shall not be prorated and, to the extent payable for the period prior to the Close of Escrow, shall remain the property of Seller. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent from tenants that are collected after the Close of Escrow first to Rents which are due to Buyer after the Close of Escrow and second to Rents which were due to Seller on or before the Close of Escrow. Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to Xxxxx. Buyer will make reasonable efforts, without suit, to collect any Rents applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six (6) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as of the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s occupancy under any Lease in connection therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Growth & Income REIT, Inc.)

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Collected Rent. All collected rent (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) under Leases (hereinafter collectively referred to as "Rents") collected under Leases in effect on the Closing Date shall be prorated as of the Close of Escrow. Buyer shall receive a credit against the Purchase Price for any free Uncollected rent credits owing to any tenant (for periods from and after the Closing Date) to the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) other income shall not be prorated and, to the extent payable for the period prior to the Close of Escrow, shall remain the property of SellerSeller if received within six (6) months after the Close of Escrow. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent from tenants that are collected within six (6) months after the Close of Escrow first to Rents which are due to Buyer after the Close of Escrow and second to Rents which were due to Seller on or before the Close of EscrowEscrow (to the extent such Rents were disclosed in the Tenant Estoppel Certificates or the Rent Rolls). Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to XxxxxBuyer. Buyer will make reasonable efforts, without suit, to collect any Rents applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six (6) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as of the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s 's occupancy under any Lease in connection therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Wells Real Estate Investment Trust Inc)

Collected Rent. All rent (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 income (and any applicable state or local tax on rent) (hereinafter collectively referred to as “Rents”) collected under Leases in effect on the Closing Date shall be prorated as of the Close of Escrow. Buyer shall receive a credit against the Purchase Price for any free rent credits owing to any tenant (for periods from and after the Closing Date) to the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) Rents shall not be prorated and, to the extent payable for the period prior to the Close of Escrow, shall remain the property of Seller. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent Rents from tenants that are collected after the Close of Escrow first (s) first, to Rents owing for the calendar month in which the Close of Escrow occurred, (b) second, to Rents which are due to Buyer after the Close of Escrow Escrow, and second (c) third, to Rents which were due to Seller on or before the Close of Escrow. Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to XxxxxBuyer. Buyer will make reasonable efforts, without suit, to collect any Rents applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six (6) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as of the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s occupancy under any Lease in connection therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (Armada Hoffler Properties, Inc.)

Collected Rent. All collected rent (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 Leases in effect on the Closing Date shall be prorated as of the Close of EscrowClosing. Buyer shall receive a credit against the Purchase Price for be credited with any free rent credits owing and other income collected by Seller before Closing but applicable to any tenant (for periods from period of time after Closing. Uncollected rent and other income shall not be prorated. Any rent received by Seller after the Closing Date) with respect to time periods after the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) Closing shall not be prorated and, delivered to the extent payable for the period prior to the Close of Escrow, shall remain the property Buyer within 10 days of Seller's receipt. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent rent and other income from tenants that are collected after the Close of Escrow Closing first to Rents which are due the obligations then owing to Buyer after for its period of ownership and to those reasonable attorney fees incurred by Buyer in collecting said amount, remitting the Close of Escrow and second balance, if any, to Rents which were due to Seller on or before the Close of Escrow. Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to XxxxxSeller. Buyer will make reasonable efforts, without suit, to collect any Rents rents from tenants in occupancy at Closing applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six (6) month period following the Closing DateClosing. Seller may pursue collection of as to any Rents that were past due as of rent not collected by Buyer within 6 months following the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s 's occupancy under any Lease in connection therewith. Seller is not restricted in any way from collecting any rent or other income owed by past tenants who are no longer in occupancy at Closing.

Appears in 1 contract

Samples: Real Estate Purchase and Sale Agreement (Cornerstone Realty Income Trust Inc)

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Collected Rent. All rent (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 income (and any applicable state or local tax on rent) (hereinafter collectively referred to as “Rents”) collected under Leases in effect on the Closing Date shall be prorated as of the Close of Escrow. Buyer shall receive a credit against the Purchase Price for any free rent credits owing to any tenant (for periods from and after the Closing Date) to the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) shall not be prorated and, to the extent payable for the period prior to the Close of Escrow, shall remain the property of Seller. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent from tenants that are collected after the Close of Escrow first to Rents which are due to Buyer after the Close of Escrow and second to Rents which were due to Seller on or before the Close of Escrow. Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to XxxxxBuyer. Buyer will make reasonable efforts, without suit, to collect any Rents applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six (6) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as of the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s occupancy under any Lease in connection therewith.

Appears in 1 contract

Samples: Purchase and Sale Agreement (KBS Real Estate Investment Trust, Inc.)

Collected Rent. All rent (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 income (and any applicable state or local tax on rent) (hereinafter collectively referred to as “Rents”) collected under Leases in effect on the Closing Date shall be prorated as of the Close of Escrow. Buyer shall receive a credit against the Purchase Price for any free rent credits owing to any tenant (for periods from and after the Closing Date) to the extent such free rent is set forth on Schedule 1-2 attached hereto. Uncollected Rent (“Uncollected Rent”) shall not be prorated and, to the extent payable for the period prior to the Close of Escrow, shall remain the property of Seller. Unless otherwise specifically identified by a tenant to be paid in any other order, Buyer and Seller shall apply Rent from tenants that are collected after the Close of Escrow first to Rents which are due to Buyer after the Close of Escrow Buyer, and second to Seller for Rents which were due to Seller on or before the Close of Escrow. Any prepaid Rents for the period following the Closing Date shall be paid over by Seller or credited to XxxxxBuyer. Buyer will make reasonable efforts, without suit, to collect any Rents applicable to the period before the Close of Escrow including, without limitation, sending to tenants bills for the payment of past due Rents during the first six twelve (612) month period following the Closing Date. Seller may pursue collection of any Rents that were past due as of the Closing Date, provided that Seller shall have no right to terminate any Lease or any tenant’s occupancy under any Lease in connection therewith.

Appears in 1 contract

Samples: Option Agreement (KBS Growth & Income REIT, Inc.)

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