Fixed Rents. (i) Fixed rents, base rents, minimum rents or basic rentals payable in fixed installments for stated periods (collectively, "Fixed Rents") paid or payable by tenants under the Leases in connection with their occupancy of all or any portion of the Contributor Properties shall be adjusted and prorated on an if, as and when collected basis. For purposes of this subsection (a), any Fixed Rents with respect to the Nomura Properties which have been deposited into the Deposit Account (as such term is defined in the Nomura Loan Documents) prior to the Closing Date shall be deemed to have been received by or on behalf of Contributor, and any such Fixed Rents which have been deposited into the Deposit Account from and after the Closing shall be deemed to have been received by or on behalf of Contributee.
(ii) Any Fixed Rents collected by or on behalf of Contributee or Contributor after the Closing from tenants of all or any part of the Contributor Properties who owe Fixed Rents relating to periods prior to the Closing, shall be applied as follows: - first, in payment of Fixed Rents for the month in which the Closing Date occurs, to be apportioned between Contributor and Contributee as of the Closing Date, - second, in payment of Fixed Rents then due and payable for the period (if any) after the month in which the Closing Date occurs through the end of the month in which such amount is collected, and - third, in payment of Fixed Rents for the period prior to the month in which the Closing Date occurs.
(iii) Each such amount, less any reasonable costs of collection (including reasonable counsel fees) reasonably allocable thereto, shall be adjusted and prorated as provided above, and the party who receives such amount shall promptly pay over to the other party the portion thereof to which it is so entitled. In furtherance and not in limitation of the preceding provisions of this subsection (a), with respect to any tenant which has paid all Fixed Rents due and payable to the Closing Date, if, prior to the Closing, Contributor shall receive any prepaid Fixed Rents from such tenant attributable to a period following the Closing, then, subject to the netting of all adjustments under this Section 4, Contributee shall be entitled to a payment equal to the amount of such prepaid Fixed Rents.
Fixed Rents. The fixed periodic payments under any Lease, as such payments may be adjusted during the term of each Lease in fixed, percentage or cost of living increases.
Fixed Rents. 35 13.1.2 Overage Rent . . . . . . . . . . . . . . . . . . . . . . 37 13.1.3
Fixed Rents. 35 Section 10.2 Overage Rents......................................................36 Section 10.3
Fixed Rents. Except for non-refundable fees and the non-refundable portion of similar deposits (cleaning fees, security deposits, and similar items), all fixed rents ("FIXED RENTS"), paid pursuant to the Tenant Leases for the month in which the Closing occurs, shall be apportioned between Buyer and Seller based upon the number of days during the month in which the Closing Date occurs that each Party is treated as owing the Property based upon the Apportionment Date.
Fixed Rents. 35 Form TP-584 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 52
Fixed Rents. 14 FormTP-584 ............................................................... 22
Fixed Rents. As and for the monthly fixed rental for the Subject Property, Tenant agrees to pay the following rate per square foot per month: Rent Per Square Aggregate Total --------------- --------- ----- Building - SQ. Ft. Foot Per Month Monthly Rent Rent ------------------- -------------- ------------ ---- Xxxx. X-00 .30 $15,120 $907,200 50,400 sq. ft. 375 (parking area paved) ------- $15,495 $929,700
Fixed Rents. Additional Rents, and Service Rents are collectively called “Rents”. All Rents for periods of time ending before the Closing Date shall be allocated solely to Seller. All Rents for periods of time beginning on the Closing Date shall be allocated solely to Purchaser. All Rents, less the reasonable, incremental out-of-pocket costs of collection (including reasonable counsel fees) reasonably allocable thereto, shall be adjusted and prorated as provided above on a cash collected basis, and the party who receives such amount shall promptly (in no event longer than thirty (30) days after receipt) pay over to the other party the portion thereof to which it is so entitled, net after such costs. Purchaser shall bxxx Tenants who owe Rents for periods prior to the Closing on a monthly basis for a period of at least six (6) consecutive months following the later to occur of the Closing Date or the initial billing thereof (the “Collection Period”) and shall use commercially reasonable efforts to collect such Rents; provided, however, that Purchaser shall have no obligation to commence any actions or proceedings to collect any such Rents. Seller shall have no rights to collect Rents directly from Tenants after the Closing.
