DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Term to commence on the date Landlord shall deliver possession of the Premises to Tenant, which date shall be , 2004 [date to be 7 days from execution of this Lease] (the “Commencement Date”) and to end on the date immediately preceding the tenth (10th) anniversary of the Rent Commencement Date (the “Fixed Expiration Date”) subject to the provisions of Article 39 hereof, at an annual rent (the “Fixed Rent”) of:
(1) One Million Seven Hundred Fifty-Seven Thousand Nine Hundred Fifty and 00/100 Dollars ($1,757,950.00; $146,495.83 per month) for the period commencing on the Rent Commencement Date and ending on the day immediately preceding the fifth (5th) anniversary of the Commencement Date (the “1st Rental Period”); and
(2) One Million Nine Hundred Thirty-Three Thousand Seven Hundred Forty-Five and 00/100 Dollars ($1,933,745.00; $161,145.42 per month) for the period commencing on the day next succeeding the end of the 1st Rental Period and ending on the Fixed Expiration Date, which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first monthly installment of Fixed Rent on the execution hereof. At the request of Landlord, Fixed Rent shall be payable when due by wire transfer of funds to an account designated from time to time by Landlord. Landlord shall deliver to Tenant an ACP-5 certificate within fourteen (14) days of the date hereof, and shall deliver possession of the Premises on the Commencement Date vacant, unoccupied and free of any leases or tenancies, and in broom clean condition. Tenant acknowledges that Landlord may be performing the Landlord’s Work after the Commencement Date, and Tenant agrees that the performance of any Landlord’s Work shall not affect the occurrence of the Commencement Date or be deemed an eviction, constructive or otherwise, or otherwise affect the validity of this Lease or the obligations of Tenant hereunder. Landlord shall complete the Landlord’s Work in a reasonably timely manner after the Commenceme...
DEMISE, PREMISES, TERM, RENT. SECTION 2.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Initial Term to commence on the Commencement Date and to end on the Fixed Expiration Date, unless earlier terminated as provided herein and subject to the renewal options provided for in Article 26 below.
DEMISE, PREMISES, TERM, RENT. Section 2.1. Landlord hereby leases to Tenant and Tenant hereby leases from Landlord the Premises for the Term to commence on the Commencement Date and to end on the Fixed Expiration Date, unless earlier terminated or extended as provided herein.
Section 2.2. Commencing upon the Commencement Date, Tenant shall pay to Landlord, in lawful money of the United States of America, without notice or demand, by good and sufficient check drawn to Landlord's order on a bank or trust company with an office in the United States of America, at the office of Landlord or at such other place as Landlord may designate from time to time, the following:
(a) the Fixed Rent, at the annual fixed rental rate set forth in the Reference Page, which shall be payable in equal monthly installments of Fixed Rent in advance on the first day of each and every calendar month during the Term, except that the first monthly installment of Fixed Rent shall be payable by Tenant upon execution and delivery of this Lease; and
(b) additional rent ("Additional Rent") consisting of all other sums of money (including, without limitation, Escalation Rent) as shall become due from and be payable by Tenant hereunder (for default in the payment of which Landlord shall have the same remedies as for a default in the payment of Fixed Rent).
Section 2.3. If the Commencement Date is other than the first day of a calendar month, or the Expiration Date is other than the last Day of a calendar month, Rental for such month shall be prorated on a per diem basis.
Section 2.4. [RESERVED]
Section 2.5. Tenant shall pay the Fixed Rent and Additional Rent when due without abatement, deduction, counterclaim, setoff or defense for any reason whatsoever, except said abatement as may be occasioned by the occurrence of any event permitting an abatement of Fixed Rent and Escalation Rent as specifically set forth in this Lease.
DEMISE, PREMISES, TERM, RENT. Section 1.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Tenth Floor Space for the Term to commence on the date hereof (the "Commencement Date") and to end on the day (the "Fixed Expiration Date") that is the last day of the month in which occurs the tenth (10th) anniversary of the Commencement Date at an annual rent (the "Fixed Rent") of:
(1) One Million Three Hundred Seventy-Seven Thousand Nine Hundred Eighteen and 00/100 Dollars ($1,377,918.00) for the period commencing on the Tenth Floor Space Rent Commencement Date and ending on the day immediately prior to the day that is the third (3rd) anniversary of the Commencement Date (the day that is the third (3rd) anniversary of the Commencement Date being referred to herein as the "Third Anniversary Date"), payable in equal monthly installments of One Hundred Fourteen Thousand Eight Hundred Twenty-Six and 50/100 Dollars ($114,826.50);
(2) One Million Four Hundred Ninety-Nine Thousand Four Hundred Ninety- Nine and 00/100 Dollars ($1,499,499.00) for the period commencing on the Third Anniversary Date and ending on the day immediately prior to the day that is the seventh (7th) anniversary of the Commencement Date (the day that is the seventh (7th) anniversary of the Commencement Date being referred to herein as the "Seventh Anniversary Date"), payable in equal monthly installments of One Hundred Twenty-Four Thousand Nine Hundred Fifty-Eight and 25/100 Dollars ($124,958.25); and
(3) One Million Six Hundred Twenty-One Thousand Eighty and 00/100 Dollars ($1,621,080.00) for the period commencing on the Seventh Anniversary Date and ending on the Fixed Expiration Date, payable in equal monthly installments of One Hundred Thirty-Five Thousand Ninety and 00/100 Dollars ($135,090.00).
Section 1.2. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Seventh Floor Space for a term commencing on the Seventh Floor Space Commencement Date and ending on the Fixed Expiration Date at a Fixed Rent of:
(1) One Million Four Hundred Fifty-Nine Thousand Six Hundred Eighty- Eight and 00/100 Dollars ($1,459,688.00) for the period commencing on the Seventh Floor Space Rent Commencement Date and ending on the day immediately prior to the Third Anniversary Date, payable in equal monthly installments of One Hundred Twenty-One Thousand Six Hundred Forty and 67/100 Dollars ($121,640.67);
(2) One Million Five Hundred Eighty-Eight Thousand Four Hundred Eighty Four and 00/100 Dollars ($1,5...
DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises, for the Term to commence on the Commencement Date and to end on the Expiration Date, at an annual rent (“Fixed Rent”) as follows:
(a) [*] and [*]/100 Dollars ($[*]) per annum ($[*] per month) for the period commencing on the Commencement Date and ending on [*];
(b) [*] and [*]/100 Dollars ($[*]) per annum ($[*] per month) for the period commencing on [*] and ending on [*];
(c) [*] and [*]/100 Dollars ($1,851,036.00) per annum ($[*] per month) for the period commencing on [*] and ending on [*];
(d) [*] and [*]/100 Dollars ($[*]) per annum ($[*] per month) for the period commencing on [*] and ending on [*]; and
(e) [*] and [*]/100 Dollars ($[*]) per annum ($[*] per month) for the period commencing on [*] and ending on the Expiration Date; which Tenant agrees to pay to Landlord, without notice or demand, in lawful money of the United States, in monthly installments in advance on the first (1st) day of each calendar month during the Term, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever. Fixed Rent and Additional Rent shall be payable by check drawn upon a bank which is a member of the New York Clearinghouse Association or by wire transfer of immediately available funds.
Section 1.2 Notwithstanding anything to the contrary contained herein, upon execution and delivery of this Lease, Tenant shall pay to Landlord the sum of [*] and [*]/100 Dollars ($[*]) representing a portion of the installment of Fixed Rent for the first (1st) full calendar month of the Term after the Commencement Date. * CONFIDENTIAL TREATMENT REQUESTED. CONFIDENTIAL PORTION HAS BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
Section 1.3 Tenant represents and warrants to Landlord that (i) this Lease constitutes a transaction entered into in the ordinary course of Tenant’s business, and (ii) the creditors’ committee in the Bankruptcy Case has been given the opportunity to review this Lease prior to the execution hereof by Tenant. In reliance on the foregoing representation, Landlord has agreed to waive any requirement that Tenant obtain the approval of the Bankruptcy Court and/or of any creditors’ committee or any other parties to the Bankruptcy Case other than STT.
DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises, for the Term to commence on the Commencement Date and to end on the Expiration Date, at an annual rent (“Fixed Rent”) as follows:
(a) One Million Seven Hundred Thousand Nine Hundred Fifty-Two and 00/100 Dollars ($1,700,952.00) per annum ($141,746.00 per month) for the period commencing on the Commencement Date and ending on December 31, 2004;
(b) One Million Eight Hundred Fifty Thousand and 00/100 Dollars ($1,850,000.00) per annum ($154,166.67 per month) for the period commencing on January 1, 2005 and ending on April 30, 2005;
(c) One Million Eight Hundred Fifty-One Thousand Thirty-Six and 00/100 Dollars ($1,851,036.00) per annum ($154,253.00 per month) for the period commencing on May 1, 2005 and ending on December 31, 2008;
(d) Two Million Fifty Thousand and 00/100 Dollars ($2,050,000.00) per annum ($170,833.33 per month) for the period commencing on January 1, 2009 and ending on April 30, 2009; and
(e) Two Million Fifty-One Thousand One Hundred Forty-Eight and 00/100 Dollars ($2,051,148.00) per annum ($170,929.00 per month) for the period commencing on May 1, 2009 and ending on the Expiration Date; which Tenant agrees to pay to Landlord, without notice or demand, in lawful money of the United States, in monthly installments in advance on the first (1st) day of each calendar month during the Term, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever. Fixed Rent and Additional Rent shall be payable by check drawn upon a bank which is a member of the New York Clearinghouse Association or by wire transfer of immediately available funds.
Section 1.2 Notwithstanding anything to the contrary contained herein, upon execution and delivery of this Lease, Tenant shall pay to Landlord the sum of Eighty-Three Thousand and 00/100 Dollars ($83,000.00) representing a portion of the installment of Fixed Rent for the first (1st) full calendar month of the Term after the Commencement Date.
Section 1.3 Tenant represents and warrants to Landlord that (i) this Lease constitutes a transaction entered into in the ordinary course of Tenant’s business, and (ii) the creditors’ committee in the Bankruptcy Case has been given the opportunity to review this Lease prior to the execution hereof by Tenant. In reliance on the foregoing representation, Landlord has agreed to waive any requirement that Tenant...
DEMISE, PREMISES, TERM, RENT. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Term to commence on the date hereof (the "Commencement Date") and to end on the date (the "Fixed Expiration Date") that shall be the last day of the month in which the day immediately preceding the tenth (10th) anniversary of the Rent Commencement Date shall occur, at an annual rent (the "Fixed Rent") of:
DEMISE, PREMISES, TERM, RENT. Section 1.1 Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Premises, for the Term, at an annual rent (the "Fixed Rent") of Ninety-Three Thousand Nine Hundred Dollars ($93,900.00) for the period commencing on the Rent Commencement Date and ending one (1) month prior to the Fixed Expiration Date ($7,825.00 per month); which Tenant agrees to pay in lawful money of the United States which shall be legal tender in payment of all debts and dues, public and private, at the time of payment, in equal monthly installments in advance, on the first (1st) day of each calendar month during the Term commencing on the Rent Commencement Date, at the office of Landlord or such other place as Landlord may designate, without any set-off, offset, abatement or deduction whatsoever, except that Tenant shall pay the first full monthly installment on the execution hereof.
Section 1.2 If the Rent Commencement Date shall occur on a date other than the first (1st) day of any calendar month, then the payment of Fixed Rent due on the first (1st) day of the calendar month following the Rent Commencement Date shall be prorated based upon the number of days in the month in which the Rent Commencement Date occurs which include or follow the Rent Commencement Date.
DEMISE, PREMISES, TERM, RENT. Landlord hereby leases to Tenant, and Tenant hereby hires from Landlord, the Sixth Floor Unit, for the term hereinafter stated, for the rents hereinafter reserved and upon and subject to the terms, conditions (including limitations, restrictions and reservations) and covenants hereinafter provided. Each party hereby expressly covenants and agrees to observe and perform all of the conditions and covenants herein contained on its part to be observed and performed.
DEMISE, PREMISES, TERM, RENT. A. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Term to commence on the date hereof (the "Commencement Date"), and to end on September 30, 2011 (the "Expiration Date"), both dates inclusive, unless the Term shall sooner end pursuant to any of the terms, covenants or conditions of this Lease or pursuant to law, at an annual rent consisting of the aggregate of Fixed Rent as set forth below in this Section A of Article 1 and Percentage Rent as set forth below in Section B of Article 1. Landlord shall deliver possession of the Premises to Tenant on September 23, 1996. The annual fixed rent (the "Fixed Rent") payable during the Term is as follows: (i) for the period from the Commencement Date through the day immediately preceding the fifth (5th) anniversary of the Commencement Date, an annual rent of $658,880, payable in equal monthly installments of $54,906.67; (ii) for the period from the fifth (5th) anniversary of the Commencement Date through the day immediately preceding the tenth (10th) anniversary of the Commencement Date, an annual rent of $724,768, payable in equal monthly installments of $60,397.33; and (iii) for the period from the tenth (10th) anniversary of the Commencement Date through the Expiration Date, an annual rent of $790,656, payable in equal monthly installments of $65,888. Tenant agrees to pay Fixed Rent
