End of Term Adjustment. (a) The provisions of this paragraph (a) shall apply only if a sale of the Leased Property to a third party pursuant to paragraph (b) of Article 28 has been consummated on or before the applicable Mandatory Sale Date. If the Net Proceeds following a sale of the Leased Property sold in accordance with paragraph (b) of Article 28 hereof are less than the Purchase Price for the Leased Property on the applicable Mandatory Sale Date as set forth in paragraph (a) of Article 28 hereof, Lessee shall, on such Mandatory Sale Date, pay to Lessor, as an adjustment to the Basic Rent payable under this Lease, by wire transfer of immediately available federal funds, an amount equal to such deficiency (the Adjustment Price); PROVIDED, HOWEVER, that if all of the Limited Lessee Risk Conditions (as hereinafter defined) have been satisfied, the amount of the Adjustment Price payable by Lessee shall not exceed the sum of (i) then applicable Maximum Lessee Risk Amount plus (ii) all accrued and unpaid Basic Rent (other than Basic Rent capitalized during the Construction Term) and Additional Rent payable hereunder. Otherwise, if any Limited Lessee Risk Condition is not met, Lessee shall make the payments specified under Article 30(b)(ii). If the Net Proceeds following such a sale pursuant to paragraph (b) of Article 28 on or before the Mandatory Sale Date exceed the Purchase Price for the Leased Property and Lessor shall have received such amount, then Lessor shall, on the Mandatory Sale Date, pay to Lessee by wire transfer of immediately available federal funds, an amount equal to such excess, as an adjustment to the Basic Rent payable under this Lease; provided, however, that Lessor shall have the right to offset against such adjustment payable by Lessor, any amounts then due and payable from Lessee to Lessor hereunder.
End of Term Adjustment. If the aggregate Net Proceeds of Sale (hereinafter defined) of the Equipment sold pursuant to Section 18.3 is less than the Purchase Price of such Equipment determined on the Expiration Date, the Lessee shall, on the Expiration Date, pay to the Lessor Trustee, in immediately available funds, an amount equal to such deficiency as an adjustment to the Rent payable under this Lease for such Equipment; PROVIDED, HOWEVER, that so long as no Default or Event of Default shall have occurred and be continuing, such amount shall not be more than the Maximum Lessee Risk Amount applicable to such Equipment. If the aggregate Net Proceeds of Sale of the Equipment subject to this Lease on the Expiration Date is more than the Purchase Price, the Lessor Trustee shall pay to the Lessee an amount equal to such excess as an adjustment to the Rent payable under this Lease for such Equipment, PROVIDED, that the Lessor Trustee shall have the right to offset against such adjustment payable by the Lessor Trustee, any amounts then due and payable from Lessee to the Lessor Trustee hereunder.
End of Term Adjustment. 47 31. Nature of Lessor's Obligations; Limitations on Liability.. 48 32. Granting of Easements, Etc................................ 49 33. Lessee's Representations and Warranties................... 49 34. Recording................................................. 51 35. Miscellaneous............................................. 51 36. Ownership of the Leased Properties........................ 52 37.
End of Term Adjustment. During the calendar year in which the Term ends, Landlord shall have the right to submit to Tenant a statement of Landlord's reasonable estimate of the Operating Expense Adjustment and Real Estate Tax Adjustment during the period (the "final period") beginning on the first day of the final Operating Year of the Term or, if later, the date of the immediately preceding Operating Expense Adjustment and Real Estate Tax Adjustment, and ending on the final day of the Term. On or before the final day of the Term, Tenant shall pay to Landlord said estimated Operating Expense Adjustment and Real Estate Tax Adjustment minus the total amount of payments previously made by Tenant pursuant to subsection 3.2.2 hereof during the final period. If requested by Tenant, Landlord shall submit to Tenant a statement setting forth the actual amount of said Operating Expense Adjustment and Real Estate Tax Adjustment after Landlord's final calculation of same, and within fifteen (15) days after Tenant's receipt of such statement, Tenant shall pay to Landlord any deficiency, or, as the case may be, Landlord shall refund to Tenant any overpayment occasioned by Tenant's payment of the aforesaid estimate.
End of Term Adjustment. Either Party may, by at least one hundred twenty (120) days before the expiry of the Initial Period or the then current Renewal Term (as the case may be), notify the other Party in writing its desire to renew this Agreement shall there be any proposed adjustment in Services Charges. In the event no agreement has been reached between both Parties ninety (90) days before the aforementioned expiry, the Party requesting such changes shall notify the other Party in writing ninety (90) days before the expiry its intention to a) renew the Agreement without any changes, or b) terminate the Agreement as of the expiry date. Failure to notify the Party requesting such changes in writing in a timely manner in accordance with the foregoing shall be deemed as an automatic renewal of this Agreement for an additional Renewal Term in accordance with the same terms pursuant to the Agreement;
End of Term Adjustment. (a) This Subparagraph 3.03(a) shall apply only if the Property has been sold to a Designated Purchaser on the Expiration Date pursuant to Paragraph 3.02 hereof. If the Net Proceeds of Sale of the Property from a sale to a Designated Purchaser are less than the Outstanding Lease Amount on the date of the sale, Lessee shall, on the Expiration Date, pay to Lessor, in immediately available funds, an amount equal to such deficiency (a "Deficiency"); provided, however, that the amount of the Deficiency to be paid by Lessee with respect to the Property shall not exceed the following sum:
End of Term Adjustment. 4 SECTION 4. TERMS OF ALL PURCHASES.....................................................................6 4.01. Representations and Warranties of Parties..................................................6
End of Term Adjustment. 45 Section 32. Procedure for Owner Conveyance........................................ 46 Section 33. Time of the Essence; Manner of Payment................................ 47 Section 34. Return of Leased Property............................................. 48 Section 35. Financial Information................................................. 49 Section 36. Recording............................................................. 50 Section 37. No Reliance........................................................... 50 Section 38. Miscellaneous......................................................... 50 Section 39. Venue; Governing Law.................................................. 51 Section 40.
End of Term Adjustment
