Late Determination Sample Clauses

Late Determination. If, for any reason, the Market Value RENT shall not have been determined prior to the Commencement Date of the Renewal Term, then, Lessee shall continue to pay the Base Monthly Rental in effect during the final year of the initial terms of the Lease. Upon final determination of the Market Value Rent, an appropriate adjustment to the Base Rent shall be made reflecting such final determination, and Lessor or Lessee, as the case may be, shall promptly refund or pay to the other any overpayment or deficiency, as the case may be in the payment of the Market Value Rent from the date of commencement of the Renewal Term to the date of such final determination.
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Late Determination. If for any reason the Market Value Rent shall not have been determined prior to the commencement of the Additional Renewal Term, then, until the Market Value Rent and, accordingly, the fixed annual rent, shall not have been finally determined, the fixed annual rent shall remain the same as payable during the last year of the initial term of the lease. Upon final determination of the Market Value Rent, an appropriate adjustment to the fixed annual rent shall be made reflecting such final determination, and Owner or Tenant, as the case may be, shall promptly refund or pay to the other any overpayment of deficiency, as the case may be, in the payment of fixed annual rent from the commencement of the Additional Renewal Term to the date of such final determination. Initials CROSSINGS FORM LEASE — NO PERCENTAGE RENT
Late Determination. In the event Market Value Rent is not determined before the commencement date of the First Renewal Term, Minimum Rent in the amount of the Floor Rental shall be paid by Tenant each month until the Market Value Rent for the First Renewal Term is determined in accordance with this Article. Tenant shall within 15 days after the determination of Market Value Rent pay Landlord the cumulative amount of the deficiency determined, if any, from and after the Commencement Date of the First Renewal Term to the date of such payment.
Late Determination. If upon any review of Yearly Rent the amount of the New Rent shall not be agreed or determined prior to the relevant Review Date the Tenant shall continue to pay Yearly Rent at the rate payable immediately prior to that Review Date until the quarter day next following the agreement or determination of the New Rent whereupon any Excess shall be due as a debt payable by the Tenant to the Landlord apportioned on a daily basis from the relevant Review Date together with interest at two percentage points below Interest on the Excess from the relevant Review Date until the date of payment of the Excess.
Late Determination. In the event Market Value Rent is not determined before the Commencement Date of the Second Renewal Term, Minimum Rental in the sum of $6,200.00 per month shall be paid by Tenant until the Market Value Rent is determined in accordance with this Article. Tenant shall within fifteen (15) days after the determination of Market Value Rent pay Landlord the amount of the deficiency determined, if any, from and after the Commencement Date of the Second Renewal Term to the date of such final determination.

Related to Late Determination

  • Rate Determinations The Administrative Agent shall determine each interest rate applicable to the Loans and the Reimbursement Obligations hereunder, and its determination thereof shall be conclusive and binding except in the case of manifest error.

  • Interest Rate Determination (a) The Agent shall give prompt notice to the Borrower and the Lenders of the applicable interest rate determined by the Agent for purposes of Section 2.07(a)(i) or (ii).

  • Interest Rate Determinations Administrative Agent shall give notice to Borrower and each Lender of the applicable interest rates for the purposes of Section 2.03 and any calculation related thereto.

  • Termination Date Determination Seller will not designate the Termination Date (as defined in the Receivables Sale Agreement), or send any written notice to Originator in respect thereof, without the prior written consent of the Agent, except with respect to the occurrence of such Termination Date arising pursuant to Section 5.1(d) of the Receivables Sale Agreement.

  • Fee Determination Detail The Administrative Agent, and any Lender, shall provide reasonable detail to Borrower regarding the manner in which the amount of any payment to the Administrative Agent and the Lenders, or that Lender, under Article 3 has been determined, concurrently with demand for such payment.

  • Expert Determination 41.5.1 For a Dispute on any decision referred to an expert the Parties hereby agree that such decision shall be conducted expeditiously by an expert selected unanimously by the Parties to the Dispute. The expert is not an arbitrator and shall not be deemed to be acting in an arbitral capacity. The independent expert shall have an established reputation in the international petroleum industry as an expert on the matter in dispute and shall not at the time of the Dispute be engaged by any Party for work other than as the expert. The Party desiring an expert determination shall give the other Party written notice of the request for such determination. If the Parties to the Dispute are unable to agree upon an expert within twenty (20) Days after receipt of the notice of request for an expert determination, then, upon the request of any of the parties to the Dispute, the International Centre for Expertise of the International Chamber of Commerce (ICC) shall appoint such expert and shall administer such expert determination through the ICC’s Rules for Expertise. The expert, once appointed, shall have no ex parte communications with any of the parties to the Dispute concerning the expert determination or the underlying Dispute. Any hearing with an expert determination shall take place in The Hague, the Netherlands, unless the parties agree otherwise. All Parties agree to cooperate fully in the expeditious conduct of such expert determination and to provide the expert with access to all facilities, books, records, documents, information and personnel necessary to make a fully informed decision in an expeditious manner. Each Party shall prepare and exchange a written position paper setting 106 out its positions with respect to the Dispute. Each Party shall also prepare and exchange a written response to the other Party’s position paper. The position papers and responses may be accompanied by data and information in the submitting Party’s discretion. Before issuing his final decision, the expert shall issue a draft report and allow the Parties to the Dispute ten (10) Days to comment on it. The expert shall endeavor to resolve the Dispute within sixty (60) Days (but no later than ninety (90) Days) after receipt of each Party’s written response to the other Parties’ position paper taking into account the circumstances requiring an expeditious resolution of the matter in dispute. The expert’s decision shall be final and binding on the Parties to the Dispute unless challenged in an arbitration pursuant to Sub-Article 41.2 within sixty (60) Days of the date the expert’s final decision is received by the Parties to the Dispute and until replaced by such subsequent arbitral award. In such arbitration (i) the expert determination on the specific matter shall be entitled to a rebuttable presumption of correctness; and (ii) the expert shall not (without the written consent of the parties to the Dispute) be appointed to act as an arbitrator or as adviser to the Parties to the Dispute. 107

  • Inability to Determine LIBOR Rate In the event, prior to the commencement of any Interest Period relating to any Libor Rate Loan, the Agent shall determine that adequate and reasonable methods do not exist for ascertaining the Libor Rate that would otherwise determine the rate of interest to be applicable to any Libor Rate Loan during any Interest Period, the Agent shall forthwith give notice of such determination (which shall be conclusive and binding on the Borrower) to the Borrower and the Lenders. In such event (a) any Loan Request with respect to Libor Rate Loans shall be automatically withdrawn and shall be deemed a request for Base Rate Loans, (b) each Libor Rate Loan will automatically, on the last day of the then current Interest Period applicable thereto, become a Base Rate Loan, and (c) the obligations of the Lenders to make Libor Rate Loans shall be suspended, in each case unless and until the Agent determines that the circumstances giving rise to such suspension no longer exist, whereupon the Agent shall so notify the Borrower and the Lenders.

  • Interest Rate Determination and Protection (a) The Eurodollar Rate for each Interest Period for Eurodollar Rate Loans shall be determined by the Administrative Agent two (2) Business Days before the first day of such Interest Period.

  • Borrowing Base Determination Until the Revolving Credit Termination Date:

  • Committee Determination Any adjustments or other action pursuant to this Section 4 shall be made by the Committee, and the Committee's determination as to what adjustments shall be made or actions taken, and the extent thereof, shall be final and binding.

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