Definition of Pro Rata Share. The definition of the term "Pro Rata Share" appearing in Section 1.82 of the Credit Agreement is amended in its entirety to read as follows:
Definition of Pro Rata Share. For purposes of this Agreement, the Pro Rata Share of any Operating Expenses, property taxes and debt service on the 2005 Bonds (for all purposes of this Agreement, the phrases “debt service” and “debt service on the 2005 Bonds” shall mean and include all scheduled installments of the principal of, redemption premium, if any, and interest on the 2005 Bonds) payable by the City or the County shall be determined by dividing the aggregate amount of New City-County Building and Hall of Justice square footage allotted to each by the sum of the New City-County Building and Hall of Justice square footage allotted to both of them and applying the resulting percentages to the total of such expenses, debt service, and taxes. The Commission shall credit towards the Pro Rata Share of Operating Expenses, property taxes and debt service on the 2005 Bonds due from the City and the County any amount received from any other tenant of the New Facilities for such Operating Expenses, taxes, and debt service payments.
Section 4. Section 6 of the Original Lease Agreement is hereby amended in its entirety to read as
Definition of Pro Rata Share. For purposes of this Agreement, the Pro Rata Share of any Operating Expenses, Property Taxes or debt service on the 2005 Bonds or the 2010 Bonds payable by the City or the County shall be determined by dividing the amount of square footage occupied by each entity by the sum of the square footage occupied by both entities and applying the resulting percentages to the total of such expenses or taxes. The Commission shall credit towards the Pro Rata Share of Operating Expenses, Property Taxes and debt service on the 2005 Bonds and the 2010 Bonds due from the City and the County any amount received from any other occupant of the Facilities or the Project for such Operating Expenses, Property Taxes or debt service payments on the 2005 Bonds and the 2010 Bonds.
Definition of Pro Rata Share. The definition of "Pro Rata Share" in Section 1.1 of the Credit Agreement is hereby amended and restated in its entirety to read as follows:
Definition of Pro Rata Share. The term "Pro Rata Share" means, with respect to the Guarantors, the total amount, as the same may change from time to time, that all of the Guarantors have paid under the Guarantees, multiplied by the Applicable Percentage. In determining the total amount that all parties have paid under the Guarantees, only amounts actually paid shall be counted. Amounts reduced to a monetary judgment, but not yet paid, shall not be counted. If a party delivers property to the Bank in partial or complete satisfaction of their Guarantees, or if the Bank forecloses or otherwise seizes any property of a party, the amount of Xxxxxx indebtedness discharged as a result of such property transferred shall be counted. Any amounts received by a Guarantor under Section 3 below shall be deducted in computing the amount the Guarantor has paid under their Guarantees.
Definition of Pro Rata Share. Lessee’s Pro Rata Share of estimated and actual Building Operating Expenses is specified in Basic Lease Summary #4.
Definition of Pro Rata Share. Lessee's pro rata share of estimated and actual building operating expenses is the percentage result of dividing "Lessee's rentable area" (which is set forth in paragraph 1.4) by the total rentable area in the entire building.
Definition of Pro Rata Share. As used herein, the term "Pro Rata Share" shall mean, with respect to any Damages and any particular Junior Stockholder, an amount determined by the Stockholder Representative in accordance with the Stockholders Agreement as being the amount of such Damages required to be paid by such Junior Stockholder so that subsequent to such Junior Stockholder's payment, the net portion of the aggregate Merger Consideration received by such Junior Stockholder pursuant to the Merger Agreement is equal to the amount that such Junior Stockholder would have received if the Company had paid such Damages on the Closing Date and the aggregate Merger Consideration received by all Junior Stockholders in the Merger, net of all such Damages, had been paid in accordance with Article II of the Merger Agreement.
Definition of Pro Rata Share of the Investors’ Rights Agreement is hereby amended and restated in its entirety as follows:
Definition of Pro Rata Share. For purposes of the Sellers’ indemnification obligations in Section 7.2 and Article 8 (other than with respect to HPM and ENM), a Seller’s “Pro Rata Share” of any indemnification obligation shall be set forth on Schedule 7.7. The Pro Rata Share of each ENM Shareholder with respect to obligations under Section 2.6, Section 3.10 or Article 8 arising out of ENM shall be pro rata to such ENM Shareholder’s ownership of ENM and the Pro Rata Share of each Heritage entity with respect to obligations under Section 2.5, Section 3.10 or Article 8 arising out of HPM shall be pro rata to such Heritage entity’s ownership of HPM.
