Common use of Fixed Rents and Additional Rents Clause in Contracts

Fixed Rents and Additional Rents. (a) Fixed rents (collectively, “Fixed Rents”) and Additional Rents (as hereinafter defined; Fixed Rents and Additional Rents being together referred to herein as “Rents”) paid or payable by tenants under the Space Leases in connection with their occupancy of the Properties shall be adjusted and prorated on an if, as and when collected basis. Any Rents collected by Buyer or Seller after the Closing from any tenant who owes Rents for periods prior to the Closing, shall be applied (i) first, in payment of Rents owed by such tenant for the month in which the Closing occurs, (ii) second, in payment of current Rents at the time of receipt, (iii) third, to delinquent Rents, if any, which became due after the Closing and (iv) fourth, then to delinquent Rents, if any, which became due prior to the Closing. Each such amount, less any 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. For the purposes of this provision, the term “

Appears in 2 contracts

Samples: Agreement of Purchase and Sale (La Quinta Holdings Inc.), Registration Rights Agreement (La Quinta Holdings Inc.)

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Fixed Rents and Additional Rents. (a) Fixed rents (collectively, “Fixed Rents”) and Additional Rents (as hereinafter defined; Fixed Rents and Additional Rents being together referred to herein as “Rents”) paid or payable by tenants under the Space Leases in connection with their occupancy of the Properties Property shall be adjusted and prorated on an if, as and when collected basis. Any Rents collected by Buyer or Seller after the Closing from any tenant who owes Rents for periods prior to the Closing, shall be applied (i) first, in payment of Rents owed by such tenant for the month in which the Closing occurs, (ii) second, in payment of current Rents at the time of receipt, (iii) third, to delinquent Rents, if any, which became due after the Closing and (iv) fourth, then to delinquent Rents, if any, which became due and payable prior to the Closing. Each such amount, less any 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. For the purposes of this provision, the term “

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Glimcher Realty Trust)

Fixed Rents and Additional Rents. (a) Fixed rents (collectively, “Fixed Rents”) and Additional Rents (as hereinafter defined; Fixed Rents and Additional Rents being together referred to herein as “Rents”) paid or payable by tenants under the Space Leases Tenants in connection with their occupancy of the Properties Property shall be adjusted and prorated on an if, as and when collected basis. Any Rents collected by the Buyer or the Seller after the Closing from any tenant who a Tenant if such Tenant owes Rents for periods prior to the Closing, shall be applied (i) first, in payment of Rents owed by such tenant for the month in which the Closing occurs, (ii) second, in payment of current Rents at owed by such tenant for the time of receiptmonth after the month in which the Closing occurs, (iii) third, in payment of Rents owed by such tenant for the month immediately prior to delinquent Rents, if any, the month in which became due after the Closing and Date occurs, (iv) fourth, then to delinquent Rentsin payment of Rents due and owed by such tenant, if any, for any period after the month in which became due the Closing Date occurs, and (v) fifth, in payment of any remaining Rents owed by such tenant for any period prior to the Closingmonth in which the Closing occurs. Each such amount, less any 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. For the purposes of this provision, the term “

Appears in 1 contract

Samples: Agreement of Purchase and Sale (American Realty Capital New York City REIT, Inc.)

Fixed Rents and Additional Rents. (a) Fixed rents (collectively, “Fixed Rents”) and Additional Rents (as hereinafter defined; Fixed Rents and Additional Rents being together collectively referred to herein as “Rents”) paid or payable by tenants under the Space Leases Tenants in connection with their occupancy of the Properties shall be adjusted and prorated on an if, as and when collected basis. Neither Seller nor Buyer shall receive credit at Closing for any payment of Rents or Additional Rents due but not paid as of the Closing. Any Rents collected by Buyer Seller, the Venture or Seller any Owner Entity after the Closing from any tenant Tenant who owes Rents for periods prior to the Closing, shall be applied (i) first, in payment of Rents owed by such tenant Tenant for the month in which the Closing occurs, (ii) second, in payment of current Rents rentals at the time of receipt, (iii) third, to delinquent Rentsrentals, if any, which became due after the Closing Closing, and (iv) fourth, then to delinquent Rentsrentals, if any, which became due and payable prior to the Closing. Each such amountSuch Rent, less any 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. For the purposes of this provision, the term “

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Glimcher Realty Trust)

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Fixed Rents and Additional Rents. (a) Fixed rents (collectively, “Fixed Rents”) and Additional Rents (as hereinafter defined; Fixed Rents and Additional Rents being together referred to herein as “Rents”) paid or payable by tenants under the Space Leases in connection with their occupancy of the Properties Property shall be adjusted and prorated on an if, as and when collected basis. Any Rents collected by Buyer or Seller after the Closing from any tenant who owes Rents for periods prior to the Closing, shall be applied (i) first, in payment of Rents owed by such tenant for the month in which the Closing occurs, provided such payment is received no later than the tenth day of the next succeeding calendar month, (ii) second, in payment of current Rents at then owed by such tenant for any period after the time of receiptClosing occurs, and (iii) third, to delinquent Rents, if any, which became due after the Closing and (iv) fourth, in payment of any remaining Rents then to delinquent Rents, if any, which became due prior to the Closingowed by such tenant. Each such amount, less any 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. For the purposes of this provision, the term “

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Wells Real Estate Investment Trust Inc)

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