EXCESS OF ADDITIONAL RENTAL INSTALLMENTS. If the aggregate amount of such Additional Rent payments made by the Tenant in any year of the Term should be greater than the Additional Rent due for such year, then should the Tenant not be otherwise in default hereunder, the amount of such excess will be applied by the Landlord to the next succeeding installments of such Additional Rent due hereunder; and if there be any such excess for the last year of the Term, the amount thereof will be refunded by the Landlord to the Tenant within thirty (30) days after the completion of the Landlord's year-end review provided the Tenant is not otherwise in default under the terms of the Lease.
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Samples: Zarlink Semiconductor Inc, Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp)
EXCESS OF ADDITIONAL RENTAL INSTALLMENTS. If the aggregate amount of such Additional Rent payments made by the Tenant in any year of the Term should be greater than the Additional Rent due for such year, then should the Tenant not be otherwise in default hereunder, the amount of such excess will be applied by the Landlord to the next succeeding installments of such Additional Rent due hereunder; and if there be any such excess for the last year of the Term, the amount thereof will be refunded by the Landlord to the Tenant within thirty (30) days after the completion of the Landlord's ’s year-end review provided the Tenant is not otherwise in default under the terms of the Lease.
Appears in 3 contracts
Samples: Indenture (VeriChip CORP), Indemnity Agreement (Coley Pharmaceutical Group, Inc.), Indemnity Agreement (Coley Pharmaceutical Group, Inc.)
EXCESS OF ADDITIONAL RENTAL INSTALLMENTS. If the aggregate amount of such Additional Rent payments made by the Tenant in any year of the Term should be greater than the Additional Rent due for such year, then should the Tenant not be otherwise in default hereunder, the amount of such excess will be applied by the Landlord to the next succeeding installments of such Additional Rent due hereunder; and if there be any such excess for the last year of the Term, the amount thereof will be refunded by the Landlord to the Tenant within thirty (30) days after the completion of the Landlord's year-end review audit provided the Tenant is not otherwise in default under the terms of the Lease.
Appears in 2 contracts
Samples: Indenture (Newbridge Networks Corp), Indenture (Newbridge Networks Corp)
EXCESS OF ADDITIONAL RENTAL INSTALLMENTS. If the aggregate amount of such estimated Additional Rent payments made by the Tenant in any year of the Term should be greater than the actual Additional Rent due for such year, then should the Tenant not be otherwise in material default hereunder, the amount of such excess will be applied by the Landlord to the next succeeding installments of such Additional Rent due hereunder; and if there be any such excess for the last year of the Term, the amount thereof will be refunded by the Landlord to the Tenant within thirty (30) days after the completion of the Landlord's year-’s year end review review, provided the Tenant is not otherwise in material default under the terms of the this Lease.
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