Definition of Floor Area Sample Clauses

Definition of Floor Area. The term "Floor Area," as used throughout this Lease, means separately with respect to the premises the actual number of square feet of floor space within the premises as measured from the exterior surface of building walls and storefronts (and extensions thereof, in case of openings) and the center line of common walls, and, with respect to the balance of the Shopping Center then existing, the actual number of square feet of floor space (exclusive of any kiosk, or space on mezzanines, and basements or on exterior balconies unless used for the sale, consumption or display of merchandise on a permanent basis) measured from the exterior surface of building walls and storefronts (and extensions thereof, in case of openings) and measured from the center line of common walls, but excluding any such space (a) not intended by Landlord for the exclusive occupancy by tenants, lessees, (b) outside sales and/or seating areas whether or not roofed and/or enclosed, and (c) truck ramps and/or docks, trash storage and compaction areas. The term Floor Area, both with respect to the premises and the balance of the Shopping Center, shall not includes three-dimensional pop-out storefronts and permanent or outside sales display or food consumption areas exclusively used by a tenant to the extent that they extend beyond the building lines of buildings fronting upon the area designated as "mall area" on the attached Exhibit A, whether or not roofed and regardless of how enclosed, other than floor area within wall kiosk units attached to any such building, as determined by Landlord in any reasonable and consistent manner. For the purpose of making any proration or allocation to be made under this Lease based upon Floor Area, the Floor Area of the premises is the estimated Floor Area specified in Section 1(d) above.
Sample 1
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Definition of Floor Area. The term "FLOOR AREA" as used in this Lease shall mean the rentable square footage of the Premises (or, where applicable, of other premises located or proposed in or outside the Development), measured from the exterior surface of building walls (and from extensions thereof, in the case of openings), and from the exterior surface of any demising partitions. At such time as the Improvements have been constructed, Landlord shall deliver to Tenant a notice which sets forth the Floor Area of the Premises together with reasonable documentation evidencing Landlord's determination of the Floor Area of the Premises. Tenant shall have ten (10) days following the receipt of Landlord's notice of the determination of the Floor Area in which to deliver to Landlord a notice objecting to such determination. In the event Tenant does not so deliver such objection notice, then, in such event, Landlord's calculation shall be deemed accepted by Tenant and incorporated herein by this reference. In the event that Tenant delivers such a notice to Landlord, Landlord and Tenant shall have thirty (30) days in which to work together to calculate the Floor Area of the Premises. In the event Landlord and Tenant cannot so agree, then, until agreement is reached, either party may submit such dispute to arbitration in accordance with the Commercial Arbitration Rules of the Boston, Massachusetts chapter of the AAA (as defined herein) and the party deemed less correct in such dispute shall pay the other party's costs of such arbitration. Except as expressly provided to the contrary in this Section 1.5, the procedure for arbitration shall be governed by the proceedings set forth in Section 7.3 hereof. Landlord and Tenant acknowledge that the projected Floor Area of the Premises shall be approximately 100,000 square feet.
Sample 1

Related to Definition of Floor Area

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  • Definitions Etc For purposes of this Section 5 and Section 7: The issuance of any warrants, options or other subscription or purchase rights with respect to shares of Common Stock and the issuance of any securities convertible into or exchangeable for shares of Common Stock (or the issuance of any warrants, options or any rights with respect to such convertible or exchangeable securities) shall be deemed an issuance at such time of such Common Stock if the Net Consideration Per Share which may be received by the Company for such Common Stock (as hereinafter determined) shall be less than the Purchase Price at the time of such issuance and, except as hereinafter provided, an adjustment in the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made upon each such issuance in the manner provided in Section 5. 1. Any obligation, agreement or undertaking to issue warrants, options, or other subscription or purchase rights at any time in the future shall be deemed to be an issuance at the time such obligation, agreement or undertaking is made or arises. No adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant shall be made under Section 5.1 upon the issuance of any shares of Common Stock which are issued pursuant to the exercise of any warrants, options or other subscription or purchase rights or pursuant to the exercise of any conversion or exchange rights in any convertible securities if any adjustment shall previously have been made upon the issuance of any such warrants, options or other rights or upon the issuance of any convertible securities (or upon the issuance of any warrants, options or any rights therefor) as above provided. Any adjustment of the Purchase Price and the number of shares of Common Stock issuable upon exercise of this Warrant with respect to this Section 5.2 which relates to warrants, options or other subscription or purchase rights with respect to shares of Common Stock shall be disregarded if, as, and to the extent that such warrants, options or other subscription or purchase rights expire or are canceled without being exercised, so that the Purchase Price effective immediately upon such cancellation or expiration shall be equal to the Purchase Price that otherwise would have been in effect at the time of the issuance of the expired or canceled warrants, options or other subscriptions or purchase rights, with such additional adjustments as would have been made to that Purchase Price had the expired or cancelled warrants, options or other subscriptions or purchase rights not been issued. For purposes of this Section 5.2, the "Net Consideration Per Share" which may be received by the Company shall be determined as follows:

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  • Definition of the Term Business Day". For purposes of this Agreement, "Business Day" means any day on which the New York Stock Exchange, Inc. is open for trading.

  • Specific Definitions The following terms used in this Agreement shall have the following meanings:

  • Definition of the Terms “Business Day”, “Affiliate” and “Subsidiary”. For purposes of this Agreement, (a) “business day” means each Monday, Tuesday, Wednesday, Thursday or Friday that is not a day on which banking institutions in New York are generally authorized or obligated by law or executive order to close, and (b) “affiliate” and “subsidiary” have the meanings set forth in Rule 405 under the Securities Act.

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