Estimate Statement Sample Clauses
Estimate Statement. Prior to the Commencement Date and on or about March 1st of each subsequent calendar year during the Term of this Lease, Landlord will endeavor to deliver to Tenant a statement ("Estimate Statement") wherein Landlord will estimate both the Operating Expenses and Tenant's Percentage of Operating Expenses for the then current calendar year. If the estimate of Tenant's Percentage of Operating Expenses in the Estimate Statement exceeds Tenant's Operating Expense Allowance, Tenant agrees to pay Landlord, as "Additional Rent", one-twelfth (1/12th) of such excess each month thereafter, beginning with the next installment of rent due, until such time as Landlord issues a revised Estimate Statement or the Estimate Statement for the succeeding calendar year; except that, concurrently with the regular monthly rent payment next due following the receipt of each such Estimate Statement, Tenant agrees to pay Landlord an amount equal to one monthly installment of such excess (less any applicable Operating Expenses already paid) multiplied by the number of months from January, in the current calendar year, to the month of such rent payment next due, all months inclusive. If at any time during the Term of this Lease, but not more often than quarterly, Landlord reasonably determines that Tenant's Percentage of Operating Expenses for the current calendar year will be greater than the amount set forth in the then current Estimate Statement, Landlord may issue a revised Estimate Statement and Tenant agrees to pay Landlord, within ten (10) days of receipt of the revised Estimate Statement, the difference between the amount owed by Tenant under such revised Estimate Statement and the amount owed by Tenant under the original Estimate Statement for the portion of the then current calendar year which has expired. Thereafter Tenant agrees to pay Tenant's Percentage of Operating Expenses based on such revised Estimate Statement until Tenant receives the next calendar year's Estimate Statement or a new revised Estimate Statement for the current calendar year. In the event Tenant's Percentage of Operating Expenses for any calendar year is less than Tenant's Operating Expense Allowance, Tenant will not be entitled to a credit against any rent, additional rent or Tenant's Percentage of future Operating Expenses payable hereunder.
Estimate Statement. By the first day of April of each calendar year during the Term of this Lease (after the Base Year noted in Section 1.10 of the Summary) or as soon thereafter as reasonably possible, Landlord shall deliver to Tenant a statement (“Estimate Statement”) estimating the Operating Expenses for the current calendar year and the estimated amount of Excess Expenses payable by Tenant. Landlord shall have the right no more than one (1) time in any calendar year to deliver a revised Estimate Statement showing the Excess Expenses for such calendar year if Landlord determines that the Excess Expenses are greater than those set forth in the original Estimate Statement (or previously delivered revised Estimate Statement) for such calendar year. The Excess Expenses shown on the Estimate Statement (or revised Estimate Statement, as applicable) shall be divided into twelve (12) equal monthly installments, and Tenant shall pay to Landlord, concurrently with the regular monthly rent payment next due following the receipt of the Estimate Statement (or revised Estimate Statement, as applicable), an amount equal to one (1) monthly installment of such Excess Expenses multiplied by the number of months from January in the calendar year in which such statement is submitted to the month of such payment, both months inclusive (less any amounts previously paid by Tenant with respect to any previously delivered Estimate Statement or revised Estimate Statement for such calendar year). Subsequent installments shall be paid concurrently with the regular monthly rent payments for the balance of the calendar year and shall continue until the next calendar year’s Estimate Statement (or current calendar year’s revised Estimate Statement) is received.
Estimate Statement. By the first day of each calendar year during the Term of this Lease after the Base Year, Landlord shall endeavor to deliver to Tenant a statement ("Estimate Statement" ) estimating the Operating Expenses for the current calendar year and the estimated amount of Excess Expenses payable by Tenant. Landlord shall have the right during any calendar year to deliver a revised Estimate Statement showing the Excess Expenses for such calendar year if Landlord determines that the Excess Expenses are greater than those set forth in the original Estimate Statement (or previously delivered revised Estimate Statement) for such calendar year. The Excess Expenses shown on the Estimate Statement (or revised Estimate Statement, as applicable) shall be divided into twelve (12) equal monthly installments, and Tenant shall pay to Landlord, concurrently with the regular monthly rent payment next due following the receipt of the Estimate Statement (or revised Estimate Statement, as applicable), an amount equal to one (1) monthly installment of such Excess Expenses multiplied by the number of months from January in the calendar year in which such statement is submitted to the month of such payment, both months inclusive (less any amounts previously paid by Tenant with respect to any previously delivered Estimate Statement or revised Estimate Statement for such calendar year, Installments shall be paid concurrently with the regular monthly rent payments for the balance of the calendar year and shall continue until the next calendar year's Estimate Statement (or current calendar year's revised Estimate Statement) is received.
Estimate Statement. No less than 10 Business Days prior to the Closing Date, each of Oracle and Xxxxxx will provide to each other (each with a copy to Iris) of a statement (each individually, an “Estimate Statement”) with such Parent’s good faith estimate of the Closing Working Capital of Oracle and Closing Working Capital of Sky, respectively (the “Estimated Oracle Closing Working Capital” and the “Estimated Sky Closing Working Capital,” respectively). Each Estimate Statement will be prepared by such Parent on an unaudited basis, and all calculations thereon will utilize the same presentation format, apply the same accounting principles, practices, methodologies and policies as are utilized in the Financial Statements of Oracle or Sky, as the case may be (the “Accounting Principles”), and will be adjusted for any mutually agreed and commercially reasonable adjustments (with the Parties agreeing to negotiate in good faith) related to material differences between the Parents’ Accounting Principles (which may include changes to Schedule 1.04.1 and Schedule 1.04.2). Following the delivery of the Estimate Statements, the Parties will work together, including making arrangements for the relevant Parent (or a Subsidiary thereof, including the applicable Shareholder) (such Person, the “Retaining Person”) to retain the benefits and burdens of ownership with respect to an identified dollar amount of receivables or payables (and this may include retaining ownership of such receivables or payables for Tax purposes or otherwise), to ensure that the working capital balances as estimated above that are to be contributed as part of the Contemplated Transactions equal relative contributions of 44% Oracle, 44% Xxxxxx, and 12% Sky. Any receivable or payable balance retained by a Parent (or a Subsidiary thereof, including the applicable Shareholder) pursuant to this Section 1.04(a) shall be treated as never having been transferred to Newco and, to the extent that Newco comes to hold nominal title to any such receivable or payable, Newco shall be deemed to have acted as the agent of the Retaining Person with respect to such receivable or payable and therefore shall not report the taxable income associated with such receivable or payable but instead shall provide to the Parent information to permit the Retaining Person to report such amount on its own tax return. Any amounts paid or received by Newco with respect to such receivables or payables shall be first allocated by Newco to the retained am...
Estimate Statement. Landlord shall use commercially reasonable efforts to cause the Association to deliver to Tenant, by no later than the first day of April (or as soon as practicable thereafter) of each Expense Year, a statement ("Estimate Statement") estimating Tenant's Share of CAM Expenses for the current Expense Year payable by Tenant. Tenant's Share of CAM Expenses shown on the Estimate Statement shall be divided into twelve (12) equal monthly installments, and Tenant shall pay to the Association on the first (1st) day of the calendar month following the receipt of the Estimate Statement, an amount equal to one (1) monthly installment of Tenant's Share of CAM Expenses. Subsequent installments shall be paid on the first (1st) day of each and every calendar month for the balance of the calendar year and shall continue until the next calendar year's Estimate Statement is received.
Estimate Statement. Approximately 90 days after the beginning of each Calendar Year or as soon thereafter as practicable, Landlord shall submit a statement of Landlord’s estimate of Operating Expense Rent due from Tenant during such Calendar Year. In addition to Basic Rent, Tenant shall pay to Landlord on or before the first day of each month during such Calendar Year an amount equal to 1/12th of Landlord’s estimated Operating Expense Rent as set forth in Landlord’s statement. If Landlord fails to give Tenant notice of its estimated payments due for any Calendar Year, then Tenant shall continue making monthly estimated Operating Expense Rent payments in accordance with the estimate for the previous Calendar Year until a new estimate is provided. If Landlord determines that Landlord’s estimate of the Operating Expense Rent needs to be adjusted, then Landlord shall have the right to give a new statement of the estimated Operating Expense Rent due from Tenant for the balance of such Calendar Year and xxxx Tenant for any deficiency. Tenant shall thereafter pay monthly estimated payments based on such new statement.
Estimate Statement. By the first day of April of each calendar year during the Term of this Lease, Landlord shall endeavor to deliver to Tenant a statement ("Estimate Statement") estimating the Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and Utilities Costs (if applicable) for the current calendar year. Landlord shall have the right no more than once in any calendar year to deliver a revised Estimate Statement for such calendar year if Landlord determines that the Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and/or Utilities Costs are greater than those set forth in the original Estimate Statement for such calendar year. The Operating Expenses, Real Property Taxes and Assessments, Insurance Costs, and/or Utilities Costs shown on the Estimate Statement (or revised Estimate Statement, as applicable) shall be paid on a monthly basis, concurrently with the regular monthly rent payment.
Estimate Statement. (i) From and after the date hereof, each of Purchaser and Seller agree to take all of the actions contemplated to be taken by the applicable party as set forth on Exhibit A (such Exhibit including the Annexes thereto, the “Closing Balance Sheet Methodologies Schedule”).
(ii) Approximately 35 Business Days prior to the anticipated Closing Date, the Company shall deliver to Purchaser mortgage loan tapes providing the relevant data with respect to the Specified Line Items of the Business as such Specified Line Items existed as of a date as close in time to 35 Business Days prior to the anticipated Closing Date as reasonably practicable (but in no case earlier than the 45th Business Day prior to the anticipated Closing Date) (such tapes, the “Tapes”)) and provide Purchaser five Business Days to review the Tapes. At the end of such five-Business Day period, the Company shall deliver the Tapes (taking into account any reasonable comments thereon by Purchaser) to each of the Investment Banks (as defined by the Closing Balance Sheet Methodologies Schedule), with a copy to Purchaser. The Company shall cooperate with, and timely respond to, all reasonable requests from the Investment Banks for information to be used to conduct any determinations contemplated by this Section 1.04. The Company shall notify Purchaser of any such requests and provide Purchaser with copies of all information provided in response to such requests. For purposes of complying with the terms set forth in this Section 1.04, each party will cooperate with and make available to the other party and its representatives all information, records, data and working papers (subject to the execution of customary access letters, if requested, with respect to the work product of a party’s independent accountant), and will permit access to its facilities and personnel, as may reasonably be required in connection with the preparation and analysis of the Initial Estimate Statement, the Estimate Statement and the Final Statement, as applicable, including with respect to any valuations to be performed and bids to be obtained in connection therewith.
(iii) Each Investment Bank shall be instructed to deliver (i) its written determination of the Fair Market Value of the applicable Specified Line Item as of 10 Business Days prior to the anticipated Closing Date (each such determination for any Specified Line Item, an “Initial Pre-Closing Determination” and such date, the “Initial Estimate Date”)) and (ii) a writte...
Estimate Statement. Landlord shall provide Tenant with a yearly statement setting forth Landlord’s reasonable estimate of the Operating Costs (“Estimate Statement”), including, either separately or together with the other Operating Costs, an estimate of taxes and insurance for the next calendar year, which such Estimate Statement may be revised from time to time as is determined reasonably necessary by the Landlord but no more than one time for every SIX (6) month period under this Lease. Landlord shall furnish the first Estimate Statement within SIXTY (60) days after the Effective Date and thereafter within NINETY (90) days after the close of each calendar year or as soon thereafter as is reasonably possible. Until a new Estimate Statement is provided, Tenant shall continue to pay monthly estimates in the manner set forth above based upon the previous Estimate Statement. Landlord shall, within a reasonable period of time not to exceed ONE HUNDRED TWENTY (120) days after each calendar year, provide Tenant with a reconciliation statement comparing the Operating Costs paid by Tenant with Landlord’s actual expenses for such calendar year. In the event such reconciliation statement reveals an underpayment of Operating Costs, Tenant shall, within THIRTY (30) days, pay to Landlord the amount of such underpayment. If, on the other hand, the reconciliation statement reveals an overpayment, Landlord shall immediately refund the amount of such overpayment to Tenant.
Estimate Statement. 23 Estimated Direct Expenses......................................................................................................... 23