DEMISE, PREMISES, TERM, RENT Sample Clauses

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. 1.1 Landlord hereby leases to Tenant and Tenant hereby hires from Landlord a portion of the fourteenth (14th) floor also known as Suite 1401 and as further described on Exhibit 1 annexed hereto and made a part hereof (hereinafter called, the “Premises”) in the building known as ▇▇▇▇ ▇▇▇▇▇▇▇▇, ▇▇ ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇, ▇▇▇▇▇▇ and State of New York (said building is hereinafter called, the “Building” and the Building, together with the plot of land upon which it stands, is hereinafter called, the “Real Property”) for a term (hereinafter called, the “Term”) to commence on the Commencement Date (hereinafter defined) and to end on the Expiration Date (hereinafter defined) 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 for the Rent herein reserved. Tenant agrees to pay the Rent provided for herein 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 from and after the 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 as otherwise expressly provided for in this Lease), provided, however, that Tenant shall pay the first monthly installment on the execution of this Lease. The Rent for any portion of a calendar month included in the Term shall be prorated in the ratio that the number of days in such portion bears to the actual number of days in such month. If, on the Rent Commencement Date, or thereafter, Tenant shall be in default in the payment of Rent to Landlord pursuant to the terms of another lease of space in the Building with Landlord or with Landlord’s predecessor-in-interest, Landlord may, at Landlord’s option and without notice to Tenant, add the amount of such arrearages to any monthly installment of the Rent and the same shall be payable to Landlord as additional rent. 1.2 The following definitions contained in this Section 1.2 of this Article I shall have the meanings hereinafter set forth used throughout this Lease, Exhibits, Schedules, and Riders (if any).

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, as to Space A on October 1, 1999 and as to each of Space B and Space C on the applicable Delivery Date for such Space, and to end on the Expiration Date, at an annual rent ("Fixed Rent") as follows: (a) For the portion of the Term commencing on the Space A Rent Commencement Date and ending on the Expiration Date, Tenant shall pay Fixed Rent for Space A as follows: (i) One Million Three Hundred Eighty One Thousand Five Hundred Ninety and 00/100 Dollars ($1,381,590.00) per annum ($115,132.50 per month) for the period commencing on the Space A Rent Commencement Date and ending one day prior to the fifth (5th) anniversary of the Commencement Date for Space A; (ii) One Million Five Hundred Nineteen Thousand Seven Hundred Forty Nine and 00/100 Dollars ($1,519,749.00) per annum ($126,645.75 per month) for the period commencing on the fifth (5th) anniversary of the Commencement Date for Space A and ending one day prior to the tenth (10th) anniversary of the Commencement Date for Space A; and (iii) One Million Six Hundred Fifty Seven Thousand Nine Hundred Eight and 00/100 Dollars ($1,657,908.00) per annum ($138,159.00 per month) for the period commencing on the tenth (10th) anniversary of the Commencement Date for Space A and ending on the Expiration Date. (b) For the portion of the Term commencing on the Space B Rent Commencement Date and ending on the Expiration Date, Tenant shall pay Fixed Rent for Space B as follows:

DEMISE, PREMISES, TERM, RENT. SECTION 2.1. 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 Fixed Expiration Date, unless earlier terminated 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 at the office of Landlord or at such other place as Landlord may designate from time to time, the following: (A) the Fixed Rent, as such term is defined in Article 1 hereof, which shall be payable in equal monthly installments in advance on the first day of each and every calendar month during the Term, and (B) additional rent ("ADDITIONAL RENT") consisting of all other sums of money 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 Fixed Expiration Date is other than the last day of a calendar month, Fixed Rent for such month shall be prorated on a per diem basis. SECTION 2.4. Tenant shall pay the Fixed Rent and Additional Rent when due without notice, demand (except as provided herein) and without abatement, deduction, counterclaim, setoff or defense of any nature.

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 2.1. Landlord hereby leases to Tenant and Tenant hereby hires from Landlord the Premises for the Term to commence, subject to Article 23, 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 Rent Commencement Date, Tenant shall pay to Landlord, in lawful money of the United States of America, without notice or demand (except as otherwise specifically set forth in this Lease with respect to Additional Rent), by good and sufficient check drawn to Landlord’s order on a bank or trust company with an office in the Borough of Manhattan, the City of New York, State of New York, 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 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 Rent Commencement Date is other than the first day of a calendar month, Fixed Rent for such month shall be prorated on a per diem, basis. Section 2.4. If prior to the Rent Commencement Date, Tenant shall occupy any portion of the Premises for the performance of work in the Premises or otherwise, Tenant shall, commencing as of the date of such occupancy, pay Landlord’s charges for (i) electricity, at the rate of $2.75 per rentable square foot per year (with respect to the portion of the Premises so occupied), and (ii) such items for which Tenant is separately billed hereunder, including, without limitation, overtime use of freight elevator and HVAC service and extra cleaning services. Such charges and items shall be payable to Landlord on demand. On the date of this Lease, Landlord’s Building standard charge for (x) overtime use of freight elevator service is $150 per hour, and (y) overtime use of Building HVAC service (but not the supplemental air-conditioning system installed by Tenant in the Premises) is $1...

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 2.1 (a) Landlord hereby leases the Premises to Tenant, and Tenant hereby leases the Premises from Landlord, for the Term, at an annual rent (“Fixed Rent”) as follows: (i) One Million Sixty-Four Thousand and 00/100 Dollars ($1,064,000.00) per annum ($88,666.67 per month) for the period commencing on the Rent Commencement Date and ending on December 31, 2004; (ii) One Million One Hundred Six Thousand Five Hundred Sixty and 00/100 Dollars ($1,106,560.00) per annum ($92,213.33 per month) for the period commencing on January 1, 2005 and ending on December 31, 2005; (iii) Two Million Two Hundred Thirteen Thousand Nine Hundred Seventy-One and 20/100 Dollars ($2,213,971.20) per annum ($184,497.60 per month) for the period commencing January 1, 2006 and ending on December 31, 2006; (iv) Two Million Two Hundred Fifty-Eight Thousand Two Hundred Fifty and 62/100 Dollars ($2,258,250.62) per annum ($188,187.55 per month) for the period commencing on January 1, 2007 and ending on December 31, 2007; (v) Two Million Three Hundred Three Thousand Four Hundred Fifteen and 64/100 Dollars ($2,303,415.64) per annum ($191,951.30 per month) for the period commencing on January 1, 2008 and ending on December 31, 2008; (vi) Two Million Five Hundred Seventy-Seven Thousand Four Hundred Eighty-Three and 95/100 Dollars ($2,577,483.95) per annum ($214,790.33 per month) for the period commencing on January 1, 2009 and ending on December 31, 2009; (vii) Two Million Six Hundred Twenty-Nine Thousand Thirty-Three and 63/100 Dollars ($2,629,033.63) per annum ($219,086.14 per month) for the period commencing on January 1, 2010 and ending on December 31, 2010; (viii) Two Million Six Hundred Eighty-One Thousand Six Hundred Fourteen and 30/100 Dollars ($2,681,614.30) per annum ($223,467.86 per month) for the period commencing on January 1, 2011 and ending on December 31, 2011; (ix) Two Million Seven Hundred Thirty-Five Thousand Two Hundred Forty-Six and 59/100 Dollars ($2,735,246.59) per annum ($227,937.22 per month) for the period commencing on January 1, 2012 and ending on December 31, 2012; (x) Two Million Seven Hundred Eighty-Nine Thousand Nine Hundred Fifty-One and 52/100 Dollars ($2,789,951.52) per annum ($232,495.96 per month) for the period commencing on January 1, 2013 and ending on December 31, 2013; (xi) Three Million Seventy-Three Thousand Seven Hundred Fifty and 55/100 Dollars ($3,073,750.55) per annum ($256,145.88 per month) for the period commencing on January 1, 2014 and en...