Common use of Fixed Rents Clause in Contracts

Fixed Rents. (a Fixed rents (collectively, "Fixed Rents") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property shall be adjusted and prorated on and if, as and when collected basis. Any Fixed Rents collected by the Buyer or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after the month in which the Closing Date occurs and (iv) fourth, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the Closing Date. 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.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Prime Group Realty Trust)

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Fixed Rents. (a a) Fixed rents (collectively, "Fixed Rents") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property Premises shall be adjusted and prorated on and an if, as and when collected basis. Any Fixed Rents collected by the Buyer Purchaser or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, Closing shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, pro rated as of the Closing Date, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to preceding the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date occurs, (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after periods subsequent to the month in which the Closing Date occurs and (iv) fourthafter Fixed Rents for all current periods have been paid in full, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the month preceding the month in which the Closing DateDate occurs. Each such amount, less any costs of collection (including reasonable counsel fees) reasonably allocable thereto, amount 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.

Appears in 1 contract

Samples: Sale Purchase Agreement (Wellsford Real Properties Inc)

Fixed Rents. (a a) Fixed rents (collectively, "Fixed RentsFIXED RENTS") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property shall be adjusted and prorated on and if, as and when collected basis. Any Fixed Rents collected by the Buyer or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date of which the Property for which such rent is collected is conveyed to Buyer (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after the month in which the Closing Date occurs and (iv) fourth, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the Closing Date. 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.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Prime Group Realty Trust)

Fixed Rents. (a a) Fixed rents (collectively, "Fixed RentsFIXED RENTS") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property Premises shall be adjusted and prorated on and an if, as and when collected basis. Any At Closing, there shall be an adjustment in Purchaser's favor in an amount equal to Fixed Rent received from tenants who are current in the payment of Fixed Rent, to the extent such Fixed Rents apply to periods subsequent to Closing. Fixed Rents collected by the Buyer Purchaser or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, Closing shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, pro rated as of the Closing Date, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior periods subsequent to the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after the month in which the Closing Date occurs and (iviii) fourththird, after Fixed Rents for all current periods have been paid in full, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the month in which the Closing DateDate occurs. Each such amount, less any costs of collection (including reasonable counsel fees) reasonably allocable thereto, amount 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.

Appears in 1 contract

Samples: Sale Purchase Agreement (Wellsford Real Properties Inc)

Fixed Rents. (a a) Fixed rents (collectively, "Fixed Rents") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property shall be adjusted and prorated on and an if, as and when collected basis. Any Fixed Rents collected by the Buyer or a the Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month period prior to the month in which the Closing Date occurs but not with respect to any period more than 30 60 days prior to the Closing Date Date, (iii) third, after Fixed Rents for all prior periods have been paid in full, in payment of Fixed Rents owed by such tenant for the period (if any) after the month in which the Closing Date occurs and (iv) fourth, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) 60 days prior to the Closing Date. 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.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (Shopco Regional Malls Lp)

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Fixed Rents. (a a) Fixed rents (collectively, "Fixed Rents") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property shall be adjusted and prorated on and an if, as and when collected basis. Any Fixed Rents collected by the Buyer or a the Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to period (if any) after the month in which the Closing Date occurs but not more than 30 days prior to beyond the Closing Date then current month and (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after prior to the month in which the Closing Date occurs and (iv) fourth, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the Closing Dateoccurs. 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.

Appears in 1 contract

Samples: Agreement of Purchase and Sale (HRPT Properties Trust)

Fixed Rents. (a a) Fixed rents (collectively, "Fixed RentsFIXED RENTS") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property Premises shall be adjusted and prorated on and an if, as and when collected basis. Any Fixed Rents collected by the Buyer Purchaser or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, Closing shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to preceding the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date occurs, (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after following the month in which the Closing Date occurs and (iv) fourth, after Fixed Rents for all current periods have been paid in full, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days the period prior to the month preceding the month in which the Closing DateDate 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.

Appears in 1 contract

Samples: Sale Purchase Agreement (Wellsford Real Properties Inc)

Fixed Rents. (a a) Fixed rents (collectively, "Fixed Rents") paid or payable by tenants under the Space Leases in connection with their occupancy of the Property shall be adjusted and prorated on and if, as and when collected basis. Any Fixed Rents collected by the Buyer or a Seller after the Closing from any tenant who owes Fixed Rents for periods prior to the Closing, shall be applied (i) first, in payment of Fixed Rents owed by such tenant for the month in which the Closing Date occurs, (ii) second, in payment of Fixed Rents owed by such tenant for the month prior to the month in which the Closing Date occurs but not more than 30 days prior to the Closing Date (iii) third, in payment of Fixed Rents owed by such tenant for the period (if any) after the month in which the Closing Date occurs and (iv) fourth, in payment of any other Fixed Rents owed by such tenant for periods more than thirty (30) days prior to the Closing Date. 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.

Appears in 1 contract

Samples: Option Agreement (Prime Group Realty Trust)

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