Common use of Excess Rent Clause in Contracts

Excess Rent. Tenant shall pay Landlord on the first day of each month during the term of the sublease or assignment, fifty percent (50%) of the amount by which the sum of all Rent and other consideration (direct or indirect) due from the subtenant or assignee for such month exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet or assigned; and (ii) the following costs and expenses for the subletting or assignment of such space: (1) brokerage commissions and attorneys’ fees and expenses, (2) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease or assignment; and (3) “free rent” periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant’s or assignee’s other leases or occupancy arrangements.. All such costs and expenses shall be amortized over the term of the sublease or assignment pursuant to sound accounting principles. Notwithstanding the foregoing or any other provision of this Lease, Landlord shall not be entitled to any portion of any sums paid or payable by the sublessee or assignee attributable to (a) the fair market value of any furniture, equipment or furnishings transferred to such sublessee or assignee; (b) good will and/or the fair market value of the Tenant as an ongoing business, if the sublease or assignment occurs in connection with the sale of Tenant’s business.

Excess Rent. Excluding any assignment or sublease contemplated in Section 10.1(e), Tenant shall pay Landlord on the first day of each month during the term of the sublease or assignment, fifty percent (50%) of the amount by which the sum of all Rent rent and other consideration (direct or indirect, but excluding any consideration paid at fair market value for Tenant’s assets, fixtures, inventory, equipment or furniture transferred by Tenant to the transferee in connection with such assignment or sublease) due from the subtenant or assignee for such month exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet or assigned; and (ii) the following costs and expenses for the subletting or assignment of such space: (1) reasonable and customary brokerage commissions commissions, marketing expenses and attorneys’ fees and expenses, (2) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease or assignment; and (3) “free rent” periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant’s or assignee’s other leases or occupancy arrangements.. . All such costs and expenses shall be amortized over the term of the sublease or assignment pursuant to sound accounting principles. Notwithstanding the foregoing or any other provision of this Lease, Landlord shall not be entitled to any portion of any sums paid or payable by the sublessee or assignee attributable to (a) the fair market value of any furniture, equipment or furnishings transferred to such sublessee or assignee; (b) good will and/or the fair market value of the Tenant as an ongoing business, if the sublease or assignment occurs in connection with the sale of Tenant’s business.

Excess Rent. Tenant shall pay Landlord on the first day of each month during the term of the sublease or assignment, fifty percent (50%) of the amount by which the sum of all Rent rent and other consideration (direct or indirect) due from the subtenant or assignee for such month exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet or assigned; and (ii) the following costs and expenses for the subletting or assignment of such space: (1) brokerage commissions and attorneys’ fees and expenses, ; (2) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease or assignment; and (3) “free rent” periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant’s or assignee’s other leases or occupancy arrangements.. . All such costs and expenses shall be amortized over the term of the sublease or assignment pursuant to sound accounting principles. Notwithstanding the foregoing or any other provision This Section 10.03 shall not apply to an assignment of this Lease, Landlord shall not be entitled Lease to any an Affiliate of Tenant or to a sublease of all or a portion of any sums paid or payable by the sublessee or assignee attributable Premises to (a) the fair market value of any furniture, equipment or furnishings transferred to such sublessee or assignee; (b) good will and/or the fair market value of the Tenant as an ongoing business, if the sublease or assignment occurs in connection with the sale Affiliate of Tenant’s business.

Excess Rent. Tenant shall pay Landlord on the first day of each month during the term of the sublease or assignment, fifty seventy-five percent (5075%) of the amount by which the sum of all Rent rent and other consideration (direct or indirect) due from the subtenant or assignee for such month (excluding any cash or stock received by Tenant from a Permitted Transferee in connection with a transaction described in Section 10.01(e))) exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet or assigned, provided that to the extent payment due from the subtenant or assignee is not received and Tenant has made diligent efforts to collect, Tenant shall be obligated to pay only the amount received; and (ii) the following costs and expenses for the subletting or assignment of such space: (1) brokerage commissions and attorneys’ fees and expenses, (2) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease or assignment; and (3) “free rent” periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant’s or assignee’s other leases or occupancy arrangements.. . All such costs and expenses shall be amortized over the term of the sublease or assignment pursuant to sound accounting principles. Notwithstanding the foregoing or any other provision of this Lease, Landlord shall not be entitled to any portion of any sums paid or payable by the sublessee or assignee attributable to (a) the fair market value of any furniture, equipment or furnishings transferred to such sublessee or assignee; (b) good will and/or the fair market value of the Tenant as an ongoing business, if the sublease or assignment occurs in connection with the sale of Tenant’s business.

Excess Rent. Excluding any assignment or sublease contemplated in Section 10.1(e), Tenant shall pay Landlord on the first day of each month during the term of the sublease or assignment, fifty percent (50%) of the amount by which the sum of all Rent rent and other consideration (direct or indirect, but excluding any consideration paid at fair market value for Tenant’s assets, fixtures, inventory, equipment or furniture transferred by Tenant to the transferee in connection with such assignment or sublease) due from the subtenant or assignee for such month exceeds: (i) that portion of the Monthly Base Rent and Rent Adjustments due under this Lease for said month which is allocable to the space sublet or assigned; and (ii) the following costs and expenses for the subletting or assignment of such space: (1) reasonable and customary brokerage commissions commissions, marketing expenses and attorneys’ fees and expenses, (2) the actual costs paid in making any improvements or substitutions in the Premises required by any sublease or assignment; and (3) “free rent” periods, costs of any inducements or concessions given to subtenant or assignee, moving costs, and other amounts in respect of such subtenant’s or assignee’s other leases or occupancy arrangements.. All . AH such costs and expenses shall be amortized over the term of the sublease or assignment pursuant to sound accounting principles. Notwithstanding the foregoing or any other provision of this Lease, Landlord shall not be entitled to any portion of any sums paid or payable by the sublessee or assignee attributable to (a) the fair market value of any furniture, equipment or furnishings transferred to such sublessee or assignee; (b) good will and/or the fair market value of the Tenant as an ongoing business, if the sublease or assignment occurs in connection with the sale of Tenant’s business.