Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease. a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date. b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following: 1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and 2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b) 3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment.
Appears in 6 contracts
Samples: Master Lease Agreement, Master Lease Agreement, Master Lease Agreement
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. a) The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. b) In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) Payments all of the following:
1. All (i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any (ii) any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata prorata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
34.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. Upon mutual agreement The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount of Additional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation of the Lessor and LesseeLessee to make Lease Payments, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an AppendixAdditional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional (notwithstanding Section I.08 of Request for Proposals) except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the perfection of a lienEquipment shall be borne solely by the Lessee. Except as expressly provided herein, registrationthe Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, setoff, defense, counterclaim or documentation of a vessel, aircraft or other specialized Equipmentrecoupment for any reason whatsoever.
Appears in 2 contracts
Samples: Master Lease Agreement, Master Lease Agreement
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to Lessor lease payments, comprised of the principal and interest, in the amounts set forth in the payment schedule attached hereto as Exhibit B. All payments shall be made in arrears for the preceding period, and shall be absolute and unconditional in all events, without abatement, diminution, deduction, set-off or defense, for any reason, including without limitation any failure of the Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Equipment or any accident, condemnation or unforeseen circumstances, except as expressly provided in Section 6 of this Lease, provided with respect to any item of Equipment Lessor has provided the Lease Payments funds to finance such item of Equipment and no payment with respect to such item of Equipment has been withheld from a vendor. Lessor shall provide invoices to Lessee in a timely manner. The obligation of Lessee to pay lease payments hereunder constitutes a special obligation of the State of West Virginia. The obligation may be met from any funds legally available to the appropriate parties the Additional Lease Payments in the amounts, Lessee and shall be cancelable at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by option of the Lessee shall at the end of any fiscal year. The obligation, or any assignment or securitization of the obligation, never constitutes an indebtedness of the State of West Virginia or any department, agency or political subdivision of the state, within the meaning of any constitutional provision or statutory limitation, and may not be due on each Lease Payment Date a charge against the general credit or taxing powers of the state or any political subdivision of the state. Lessee reasonably believes that sufficient funds can be obtained to make all lease payments during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall and hereby covenants that it will use its best efforts to obtain, maintain and properly request funds from which the lease payments may be made, including making provisions for such payments to the extent necessary in each budget submitted for the period from the immediately preceding Lease Payment Date purpose of obtaining funding, using its best efforts to have such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all portion of the following:
1budget approved. All taxes and assessments of any nature whatsoever, including but not limited Lessee intends to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, make lease payments for the late payment full term of scheduled this Lease Payments. A scheduled Lease Payment not made by and represents that the sixth calendar day succeeding the scheduled Lease Payment Date shallEquipment will be used for one or more authorized governmental or proprietary functions essential to their proper, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, efficient and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmenteconomic operation.
Appears in 2 contracts
Lease Payments. Subject As rent ("Lease Payments") for the Equipment and/or Software subject to the terms hereofany Lease, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments amounts specified in the amounts, related Equipment Schedule at the times specified therein. LESSEE AND LESSOR ACKNOWLEDGE THAT EACH LEASE CONSTITUTES A NET LEASE AND SUCH LEASE PAYMENTS ARE TO BE MADE WITHOUT NOTICE OR DEMAND AND WITHOUT ABATEMENT, DEDUCTION OR SET-OFF OF ANY AMOUNT WHATSOEVER, AND LESSEE FURTHER ACKNOWLEDGES THAT ITS OBLIGATION TO PAY LEASE PAYMENTS AND ANY OTHER AMOUNTS OWING HEREUNDER AND UNDER ANY LEASE SHALL BE ABSOLUTE AND UNCONDITIONAL. LESSEE AGREES THAT NO LEASE ENTERED INTO IN CONNECTION WITH THIS AGREEMENT MAY BE TERMINATED EXCEPT AS EXPRESSLY PROVIDED HEREIN. Lease Payments shall be paid to Lessor at the address of Lessor set forth above or at such other address as Lessor may designate from time to time in writing or, if such Lease Payments are payable to an Assignee (as such term is defined in Section 17 hereof), then at the address designated from time to time by such Assignee in writing. Any Lease Payments or other sums payable under any Lease which are not paid when due shall be subject to a late charge of five cents ($.05) per dollar on and in addition to such Lease Payment or other sum, or such lesser amount as may be the manner hereinafter set forthmaximum permitted by law, such amounts constituting in to compensate Lessor for additional collection costs not contemplated by the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment.
Appears in 1 contract
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to A. The Tenant shall pay to the Lessor the Lease Payments Landlord as fixed rent, without notice or demand and to the appropriate parties the Additional Lease Payments in the amountswithout abatement deduction or setoff, at the times and in the manner hereinafter set forthexcept as elsewhere provided herein, such amounts constituting in the aggregate the $18.00 per square foot of rented space per year. Said fixed rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due paid in advance in equal monthly installments of $6,384 on the first day of each Lease Payment Date and every calendar month during the term of this Lease; provided, however, that in the event the term hereof commences on a day other than the first day of a calendar month, then upon commencement of the term hereof the Tenant shall pay to the Landlord a prorata portion of rent equal to that portion of the calendar month remaining from the commencement of the term to the first day of the next following calendar month.
B. No payment by the Tenant or receipt by the Landlord of a lesser amount than the monthly payment in this Lease shall be considered anything other than a payment on account of the earliest rent due, nor shall any endorsement or statement on any check or on any letter accompanying any check or payment as rent be deemed in accord and satisfaction and the Landlord may accept such check or payment without prejudice to its right to recover the balance of the rent and to pursue any other remedy provided for in this Lease, or otherwise available at law or in equity.
C. All payments under this Lease Agreement to be made by the Tenant to the Landlord shall be made payable to and mailed or personally delivered to the Landlord at the following address: Manatee Memorial Hospital 206 Second Street East Bradenton FL 34208-0000 Xxxx: XXX Xxxxx xxxx xx xx xxxxxx xxxx of living adjustment to the fixed rental based upon the annual percentage increase in the cost of living as determined by the Consumer Price Index, (the United States Average published by the Bureau of Labor Statistics of the United State Department of Labor). The Lease Payment payable cost of living increase shall not exceed 4% per year. The annual cost of living adjustment shall be cumulative and shall be based upon the previous lease year's fixed rent which shall include all, if any, prior years cumulative cost of living adjustments.
(1) Lessee shall pay Additional Rent, covering Lessee's share of the real estate taxes, insurance and cost of operations and maintenance of the Building., at a flat rate of $5.00 per square foot per year (Base Cost). The Additional Rent shall be billed to the Tenant on a particular Lease Payment Date monthly basis and shall be for payable at the period from same time as the immediately preceding Lease Payment Date to such particular Lease Payment Datemonthly fixed rent payments.
b. In addition (2) Subject to the Lease Payments set forth hereinParagraph 13, the Lessee Tenant agrees to pay as rent in addition to the fixed rental and the Additional Lease Payment(s) Rent any and all reasonable sums which may become due by reason of the following:
1. All taxes failure of Tenant to materially comply with all the covenants of this Lease and assessments pay any and all reasonable damages, costs and expenses which the Landlord may suffer or incur by reason of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest default of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance Tenant or failure on its part to materially comply with the covenants of this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the LessorLease, and in no event shall each of them, and also any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement and all damages of the Lessor and Lessee, Premises caused by any fees for the retention of, and services provided by, a special counsel for an opinion act or neglect of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized EquipmentTenant.
Appears in 1 contract
Lease Payments. Subject (a) During the term of this Agreement, Lessee shall pay to Lessor on the last day of each pay period, an amount equal to the terms hereofLessor's aggregate cost of salary, wages, benefits, reimbursement of out-of pocket/travel expenses, employment taxes and any other additional payments related to the employment relationship with the Loaned Employees and which vary directly based on the number of employees, retail stores or sales volume of Lessor, applicable law, or as required herein under Section 7 made by Lessor, in respect of Lessor's employment of Loaned Employees during such pay period (prorated for any Loaned Employee leased for a partial pay period), plus an administrative processing fee equal to 3% of the foregoing amounts (collectively, "LEASE PAYMENTS"). Lessor and Lessee agree that the "other additional payments" do not include items of overhead, the Lessee hereby agrees costs of which do not vary directly based upon the number of employees, retail locations or sales volume of Lessor, and that the 3% administrative fee is intended to pay reimburse Lessor for all such overhead expenses. These Lease Payments shall be invoiced to the Lessor Lessee on the Lease Payments day of calculation. The invoice shall contain a summary of the amounts invoiced and a detailed accounting of the calculations, including a break down of wages, benefits costs, taxes and other amounts to be paid for each Loaned Employee. Lessee shall make a wire transfer of all funds on or prior to the appropriate parties payroll date. Lessor shall not withhold any Loaned Employee's paycheck if a dispute arises between Lessor and Lessee regarding what amounts are "other additional payments" related to the Additional Lease Payments in employment relationship with the amountsLoaned Employees but Lessee and Lessor have agreed to the amounts equal to the Lessor's aggregate cost of salary, at the times wages, benefits, reimbursement of out-of pocket/travel expenses, employment taxes and in the manner hereinafter set forth, payments required under Section 7 of this Agreement during such amounts constituting in the aggregate the rent payable under this Leasepay period.
a. The Lease Payments payable by the Lessee (b) Lessor shall be due on each Lease Payment Date at all times during the term of this LeaseAgreement, and for a period of one (1) year after the termination of this Agreement, keep true and accurate records for each payroll period of all salary, wages, benefits, severance and additional payments that constitute the Lease Payments in respect of the Loaned Employees, in such form and manner that all Lease Payments payable to Lessor under Section 3(a) may be readily and accurately determined and audited. The Lease Payment payable on a particular Lease Payment Date Lessee shall have the right, from time to time, at reasonable times during normal business hours, and upon 24 hours prior notice during the term of this Agreement or upon 5 days prior notice after the term of this Agreement, to examine, or to have its designee examine, such records of Lessor as may reasonably be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition related to the Lease Payments set forth hereinfor the purpose of verifying and reconciling the Lease Payments owed to Lessor under Section 3(a).
(c) If Lessee notifies Lessor of any objections to the "other additional payments" required in Section 3(a) of this Agreement, Lessee and Lessor shall attempt to resolve such objections in good faith for a period of 15 days from the date of such notice of objections. If any objections can not be resolved by Lessee agrees and Lessor within such 15 day period, such dispute shall be referred to an independent certified public accounting firm reasonably agreed to by Lessee and Lessor within 5 days after the end of such 15 day period. The determination of such firm with respect to the dispute, which shall occur on or prior to 30 days after such referral, shall be conclusive and binding on Lessee and Lessor. Lessor and Lessee shall each pay as Additional Lease Payment(s) all one-half of the following:
1. All taxes and assessments fees of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentsuch accounting firm.
Appears in 1 contract
Samples: Loaned Employees Agreement (Bobby Allison Wireless Corp)
Lease Payments. Subject Rent" shall mean all monetary obligations of Tenant to Landlord under the terms hereofof this Agreement, except the Lessee hereby agrees to Security Deposit. Tenant shall pay to Landlord initial monthly base lease payments of $[ ], payable in advance on the Lessor first day of each calendar month and is delinquent on the next day. Lease payments shall be made to Landlord at the address of Landlord noted in the Notices provision of this Lease which may be changed from time to time by Landlord. If the Commencement Date of the Lease Payments and to falls on any day other than the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent day Rent is payable under this Lease.
a. The Lease Payments payable provision, and Tenant has paid one full month's Rent in advance of the Commencement Date, Rent for the second calendar month shall be prorated based on a 30-day period. Rent shall be paid by the Lessee following methods: Personal check Money order Cashier's check Ark7 Rental Apps If you choose to pay your rent using personal check, money order, or cashier's check, please make your check payable to Ark7 Inc. and mail it to our company address listed below, before the due date each month: Ark7 Inc. 0 Xxxxx Xxxxxxxx, Xxxxx 000 Xxx Xxxxxxxxx, XX 00000 If any payment is returned for non-sufficient funds or because Tenant stops payments, then, after that, (i) Landlord may, in writing, require Tenant to pay Rent in cash for three months and (ii) all future Rent shall be due on each Lease Payment Date during paid by cashier's check or money order. In the term event of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipmentroommates, or upon another form of joint or multiple occupancy, Tenant will be responsible for collecting payment from all parties and submitting a single payment to Landlord. Tenant is responsible for any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by mail and not received by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable due date stated herein. Mailed lease interest rate, payments must be received on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date due date. Lease payments for any partial month will be pro-rated at the rate of 1/30th of the monthly lease payment per day. Landlord may apply any payment made by Tenant to any obligation owed by Tenant to Landlord regardless of any dates or directions provided by the Tenant that accompanies a payment. Any Landlord has full discretion to accept or reject payments from or written by third parties. Xxxxxxxx's acceptance of a payment by a third party does not override the Lessee receives notice from the Lessor, previous statement and in no event shall any late Lease Payment penalty Landlord will continue to accrue past have full discretion to accept or reject payments submitted or written by third parties. Monthly lease payments received in prior months to which the twentieth day succeeding payment is due will be held by the scheduled Lease Payment Date, except as provided Landlord uncashed in Section 4.11 (b)
3. Upon mutual agreement a secured location and deposited on the first of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentmonth.
Appears in 1 contract
Samples: Residential Lease Agreement (Ark7 Properties Advance LLC)
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. a) The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. b) In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All (i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any (ii) any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata prorata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
34.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. Upon mutual agreement The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount of Additional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation of the Lessor and LesseeLessee to make Lease Payments, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an AppendixAdditional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional (notwithstanding Section I.08 of Request for Proposals) except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the perfection of a lienEquipment shall be borne solely by the Lessee. Except as expressly provided herein, registrationthe Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, setoff, defense, counterclaim or documentation of a vessel, aircraft or other specialized Equipmentrecoupment for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Lease Payments. Subject to During the terms hereofOriginal Term or the Renewal Term, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth hereinif applicable, the Lessee agrees to pay the Lessor lease payments equal to its Adjusted Operating Profit during such period, which shall be calculated and paid as follows:
(a) The Lessee shall make “Interim Lease Payments” on a bi-weekly basis beginning with an Interim Lease Payment due on Friday, September 13th, 2013, and continuing on succeeding Fridays two weeks after the prior Interim Lease Payment, with each Interim Lease Payment being equal to 1/26th of the Estimated Adjusted Operating Profit in effect at the time. The initial Estimated Adjusted Operating Profit shall be $700,000.
(b) On a quarterly basis within thirty (30) days after the end of each calendar quarter, the Adjusted Operating Profit for the prior quarter and the prior four quarters shall be calculated; provided, that in the first calendar quarter in which this Lease is in effect, the quarterly Adjusted Operating Profit shall only be from the Agreement Date to the end of the quarter, and in the final calendar quarter in which this Lease is in effect the quarterly Adjusted Operating Profit shall only be from the first day of the quarter to last day of this Lease.
(c) After each recalculation of the Adjusted Operating Profit for the prior four quarters, such amount shall become the new Estimated Adjusted Operating Profit, and the amount of each succeeding Interim Lease Payment shall be recalculated to be 1/26th of such amount.
(d) In the event that the Interim Lease Payments made by the Lessee for any quarter are less than the Adjusted Operating Profit for such quarter, the Lessee shall make an “Additional Lease Payment(sPayment” equal to such difference, which payment shall be due within ten (10) days after the Adjusted Operating Profit for such period is calculated.
(e) In the event that the Interim Lease Payments made by the Lessee for any quarter are greater than the Adjusted Operating Profit for such quarter (“Excess Lease Payments”), the Lessor shall not be required to refund such Excess Lease Payments to the Lessee but the Lessee’s obligation to make future Interim Lease Payments shall xxxxx to the extent of such excess.
(f) The “Adjusted Operating Profit” for any accounting period shall be equal to the (a) revenues actually received by the Lessee during the accounting period, less (b) all of winnings paid out, less (c) all costs paid to operate the following:
1. All taxes and assessments of any nature whatsoeverLessee’s business, including but not limited to excise wages, repairs, maintenance, insurance, taxes, ad valorem taxes including sales taxesemployee costs, ad valorem advertising and specific lien special assessments marketing, replacement cost of furniture, fixtures and gross receipts taxesequipment, if anyetc., levied and less (d) reasonable reserves mutually agreed upon by Lessor and Lessee for payment of future liabilities and contingencies, but (e) without considering any Interim Lease Payments or Additional Lease Payments to the EquipmentLessor hereunder.
(g) The “Estimated Adjusted Operating Profit” shall be the Adjusted Operating Profit for the prior four quarters.
(h) In the event of a disagreement between the Lessor and the Lessee as to the amount Adjusted Operating Profit for any period, or upon any interest the decision of the Lessor; and
2. Any late Lease Payment penalty ’s auditor appointed pursuant to Paragraph 8 herein shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, final and binding on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentboth parties.
Appears in 1 contract
Lease Payments. Subject to (a) The Owner shall make payments in the terms hereofamounts and at the times set forth in Exhibit 1 (Lease Payments) (each, the Lessee hereby agrees to pay to the Lessor a “Lease Payment”). The Owner shall make the Lease Payments without the need for presentation by the Issuer of an invoice therefor. Notwithstanding any dispute between Owner and to the appropriate parties the Additional Lease Payments in the amountsContractor or Trustee or any other person, at the times Owner shall make all payments when due and in the manner hereinafter set forthshall not withhold any payments, such amounts constituting in the aggregate the rent payable under this Leaseor portions thereof, for any reason whatsoever.
a. (b) The Lease Payments payable by the Lessee shall be due on each paid directly to Trustee, as assignee of the Issuer’s rights hereunder, as follows:
(i) the amounts described in column A shown in Exhibit 1 (Lease Payment Date during Payments) (the term of this Lease. The Lease Payment payable on a particular Lease Payment Date “Bond Payments”) shall be paid to the Trustee for deposit into the period from Bond Fund held under the immediately preceding Indenture for application to the payment of the principal or redemption price of, and the interest on, the Bonds; and
(ii) the amounts described in column B shown in Exhibit 1 (Lease Payment Date Payments) (the “Administrative Expense Payments”) shall be paid to such particular Lease Payment Datethe Trustee for deposit in the Administrative Expense Fund under the Indenture for application to the payment of the annual fees of the Trustee and the Issuer and the program fee of FREE.
b. In addition (c) The Owner shall pay, when due, to the Issuer, as additional rent, all governmental taxes, fees, assessments and charges paid, payable or required to be collected by Issuer, however designated, which are levied or based on the Lease Payments set forth hereinor other payment due under this Agreement, or on the Lessee agrees to pay as Additional Lease Payment(s) all possession, use, operation, lease, rental, sale, purchase, control or value of the following:
1. All taxes and assessments of any nature whatsoeverProject, including but not limited to without limitation, registration and license fees and assessments, recycling fees, appraisal fees, state and local privilege or excise taxes, ad valorem documentary stamp taxes including or assessments, sales and use taxes, ad valorem personal and specific lien special assessments and gross receipts other property taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and.
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon (d) Upon thirty (30) days’ prior written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at Owner to the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the LessorIssuer, and provided that there is no Event of Default, or an event with which notice or lapse of time, or both, could become an Event of Default, then existing, the Owner will have the right to terminate the Owner’s continued obligation to make Lease Payments as specified in no event shall Exhibit 1 (Lease Payments) to Issuer or its assignee on the purchase of the Project by payment to Issuer or its assigns of the Concluding Payment (as set forth on Exhibit 1 (Lease Payments) hereto) and any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3accrued outstanding payments. Upon mutual agreement satisfaction by Owner of such purchase conditions, Issuer shall henceforth have no rights, title and interest in the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized EquipmentProject.
Appears in 1 contract
Samples: Lease Agreement
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to Tenant shall pay to Landlord lease payments of $ , due and payable on the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on first day of each Lease Payment Date month during the term of this Leaseagreement. The Lease Payment payable first months’ rent is required to be submitted on or before move-in by certified check or cash. We allow for a particular Lease Payment Date shall be for 3 day grace period. In the period from event rent is not received prior to 5pm CST on the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to 4th of the Lease Payments set forth hereinmonth, the Lessee Xxxxxx agrees to pay as Additional Lease Payment(s) all a $25 late fee, plus an additional $10 per day for every day thereafter until the rent is paid. Neither ill health, loss of job, financial emergency, or other excuses will be accepted for late payment. If rent is not paid by the 15th of the following:
1month, eviction proceedings may begin. All taxes and assessments Tenant will also be responsible for any associated collection fees incurred by Landlord or collecting agent hired by Landlord for unpaid rent or damage fees. The acceptance by Landlord of partial payments of rent due shall not, under any circumstances, constitute a waiver of Landlord, nor affect any notice or legal proceeding in unlawful detainer theretofore given or commenced under state law. Acceptance of partial rent due or late payments does not create a custom nor constitute a continuing waiver of the obligation to pay on time. No payment by the tenant or receipt by the landlord of any nature whatsoeveramount of the monthly rent herein stipulated shall be deemed to be other than on account of the stipulated rent, including nor shall any endorsement on any check or any letter accompanying such payment of rent be deemed an accord and satisfaction, but the landlord may accept such a partial payment without prejudice to his rights to collect the balance of such rent. Xxxxxx agrees, without protest, to reimburse Landlord for all actual and reasonable expenses incurred by way of Tenant's violation of any term or provision of this lease, including, but not limited to excise taxes$10.00 for each Notice to Pay, ad valorem taxes including sales taxesNotice to Quit or other notice mailed or delivered by Landlord to Tenant due to Xxxxxx's non-payment of rent, ad valorem all court costs and specific lien special assessments attorney's fees and gross receipts taxesall costs of collection. Both Landlord and Xxxxxx waive trial by jury and agree to submit to the personal jurisdiction and venue of a court of subject matter jurisdiction located in County, State of . In such event, no action shall be entertained by said court or any court of competent jurisdiction if anyfiled more than one year subsequent to the date the cause(s) of action accrued. Lease payments shall be made to: KDB Investments 000 Xxxxxx Xxxx Lone Jack, levied upon the Equipment, or upon any interest of the Lessor; and
2MO 64070 Lease payments mailed through United States Postal Service are at tenants risk. Any late Lease Payment penalty shall rents lost in the mail will be determined treated as unpaid until received by Landlord. Or Paid via EFT or Credit Card, with required completed authorization forms, at xxx.xxxxxxxxxxxxx.xxx BAD-CHECK SERVICING CHARGE In the event Tenant’s check is dishonored and returned unpaid for any reason to Landlord, Xxxxxx agrees to pay a returned check charge of $40 AND accept whatever consequences there might be in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing making a late Lease Payment penaltypayment. If for any reason a check is returned or dishonored, calculated at all future rent payments will be cash or money order. SECURITY DEPOSIT Tenants hereby agree to pay a security deposit of $ , in certified funds or cash, to be refunded upon vacating, returning the applicable lease keys to the Landlord and termination of this contract according to other terms herein agreed. This deposit will be held to cover any possible damage to the property. No interest rate, will be paid on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, this money and in no event shall case will it be applied to back or future rent. It will be held intact by Xxxxxxxx until at least thirty (30) working days after Tenants have vacated the property. At that time Landlord will inspect the premises thoroughly and assess any late Lease Payment penalty continue damages and/or needed repairs. This deposit money minus any necessary charges for missing/dead light bulbs, repairs, cleaning, etc., will then be returned to accrue past Tenant with a written explanation of deductions, within 60 days after they have vacated the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3property. Upon mutual agreement Release of the Lessor and LesseeSECURITY DEPOSIT, any fees for at the retention of, and services provided by, a special counsel for an opinion Option of the tax-exempt status of an Appendix, or for Landlord is subject to the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentprovisions below .
Appears in 1 contract
Samples: Lease Agreement
Lease Payments. (a) Subject to the terms hereofSections 2.4 and 2.7 below, the Lessee hereby agrees to pay to Owner shall make payments in the Lessor amounts and at the times set forth in Exhibit 1 (Lease Payments) (each, a “Lease Payment”). The Owner shall make the Lease Payments without the need for presentation by the Issuer of an invoice therefor. Notwithstanding any dispute between Owner and to the appropriate parties the Additional Lease Payments in the amountsContractor or Trustee or any other person, at the times Owner shall make all payments when due and in the manner hereinafter set forthshall not withhold any payments, such amounts constituting in the aggregate the rent payable under this Leaseor portions thereof, for any reason whatsoever.
a. (b) The Lease Payments payable by the Lessee shall be due on each paid directly to Trustee, as assignee of the Issuer’s rights hereunder, as follows:
(i) the amounts described in column A shown in Exhibit 1 (Lease Payment Date during Payments) (the term of this Lease. The Lease Payment payable on a particular Lease Payment Date “Bond Payments”) shall be paid to the Trustee for deposit into the period from Bond Fund held under the immediately preceding Indenture for application to the payment of the principal or redemption price of, and the interest on, the Bonds; and
(ii) the amounts described in column B shown in Exhibit 1 (Lease Payment Date Payments) (the “Administrative Expense Payments”) shall be paid to such particular Lease Payment Datethe Trustee for deposit in the Administrative Expense Fund under the Indenture for application to the payment of the annual fees of the Trustee and the Issuer and the program fee of FREE.
b. In addition (c) The Owner shall pay, when due, to the Issuer, as additional rent, all governmental taxes, fees, assessments and charges paid, payable or required to be collected by Issuer, however designated, which are levied or based on the Lease Payments set forth hereinor other payment due under this Agreement, or on the Lessee agrees to pay as Additional Lease Payment(s) all possession, use, operation, lease, rental, sale, purchase, control or value of the following:
1. All taxes and assessments of any nature whatsoeverProject, including but not limited to without limitation, registration and license fees and assessments, recycling fees, appraisal fees, state and local privilege or excise taxes, ad valorem documentary stamp taxes including or assessments, sales and use taxes, ad valorem personal and specific lien special assessments and gross receipts other property taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and.
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon (d) Upon thirty (30) days’ prior written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at Owner to the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the LessorIssuer, and provided that there is no Event of Default, or an event with which notice or lapse of time, or both, could become an Event of Default, then existing, the Owner will have the right to terminate the Owner’s continued obligation to make Lease Payments as specified in no event shall Exhibit 1 (Lease Payments) to Issuer or its assignee on the purchase of the Project by payment to Issuer or its assigns of the Concluding Payment (as set forth on Exhibit 1 (Lease Payments) hereto) and any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3accrued outstanding payments. Upon mutual agreement satisfaction by Owner of such purchase conditions, Issuer shall henceforth have no rights, title and interest in the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized EquipmentProject.
Appears in 1 contract
Samples: Lease Agreement
Lease Payments. Subject 3.1 The Company shall pay to BECL an amount of PKR 1,065.62 million (Pakistani Rupees One Billion Sixty Five Million Six Hundred Twenty Thousand) as consideration for the lease of the Site to the Company. BECL acknowledges the receipt of the aforesaid payment shall be made upfront as full and final lease payment due from the Company in respect of leasehold rights being granted hereunder and the same shall be credited in the designated account of BECL notified in writing to the Company. The lease payment under this Clause 3.1 is to be made within thirty (30) days from issuance of the letter of intent by KE or thirty (30) days from the date of execution of this Site Lease Agreement, whichever is later.
3.2 Failure to pay the full and final lease payment within the period set out in Clause 3.1 above shall result in the imposition of the Late Payment Surcharge on the Company by BECL. However, no Late Payment Surcharge shall be payable by the Company if there subsists at the time of payment of the lease payments under this Site Lease Agreement, a breach by the Purchaser under the Energy Purchase Agreement or by the BECL under this Site Lease Agreement.
3.3 The lease payment envisaged in terms hereofof Clause 3.1 is all inclusive and shall not be subject to any variation, the Lessee hereby agrees upwards or downwards,. The Company shall not be liable to pay to the Lessor the Lease Payments GOB or any Public Sector Entity, any additional amounts, rates, charges, taxes, levies, cesses or other impositions of whatever nature and howsoever called in relation to the appropriate parties sub-lease of the Additional Site by BECL to the Company hereunder, except any such demand on account of default by the Company of this Site Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this LeaseAgreement.
a. 3.4 The Lease Payments lease payment payable by the Lessee hereunder, shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date liable to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes withholding tax and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined deduction in accordance with this subparagraphthe laws of Pakistan, for and the late Company shall furnish to BECL, evidence of payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date such withholding tax or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentdeduction promptly.
Appears in 1 contract
Samples: Site Sub Lease Agreement
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
34.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. Upon mutual agreement The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount of Additional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation of the Lessor and LesseeLessee to make Lease Payments, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an AppendixAdditional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional) except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the Equipment shall be borne solely by the Lessee. Except as expressly provided herein, the Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, setoff, defense, counterclaim or recoupment for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentany reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Lease Payments. Subject 3.1 The Company shall pay to BECL an amount of PKR 1,065.61 million (Pakistani Rupees One Billion Sixty Five Million Six Hundred Ten Thousand) as consideration for the lease of the Site to the Company. BECL acknowledges the receipt of the aforesaid payment shall be made upfront as full and final lease payment due from the Company in respect of leasehold rights being granted hereunder and the same shall be credited in the designated account of BECL notified in writing to the Company. The lease payment under this Clause 3.1 is to be made within thirty (30) days from issuance of the letter of intent by KE or thirty (30) days from the date of execution of this Site Lease Agreement, whichever is later.
3.2 Failure to pay the full and final lease payment within the period set out in Clause 3.1 above shall result in the imposition of the Late Payment Surcharge on the Company by BECL. However, no Late Payment Surcharge shall be payable by the Company if there subsists at the time of payment of the lease payments under this Site Lease Agreement, a breach by the Purchaser under the Energy Purchase Agreement or by the BECL under this Site Lease Agreement.
3.3 The lease payment envisaged in terms hereofof Clause 3.1 is all inclusive and shall not be subject to any variation, the Lessee hereby agrees upwards or downwards,. The Company shall not be liable to pay to the Lessor the Lease Payments GOB or any Public Sector Entity, any additional amounts, rates, charges, taxes, levies, cesses or other impositions of whatever nature and howsoever called in relation to the appropriate parties sub-lease of the Additional Site by BECL to the Company hereunder, except any such demand on account of default by the Company of this Site Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this LeaseAgreement.
a. 3.4 The Lease Payments lease payment payable by the Lessee hereunder, shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date liable to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes withholding tax and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined deduction in accordance with this subparagraphthe laws of Pakistan, for and the late Company shall furnish to BECL, evidence of payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date such withholding tax or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentdeduction promptly.
Appears in 1 contract
Samples: Site Sub Lease Agreement
Lease Payments. (a) Subject to the terms hereofLessee's right to acquire the Project from the Issuer under Article VIII, the Lessee hereby agrees to pay make rental payments ("Lease Payments") to the Lessor Trustee at its principal corporate trust office, for the Lease Payments and to account of the appropriate parties the Additional Lease Payments Issuer, for deposit in the amountsBond Fund, at the times and in the manner hereinafter set forthfederal or other immediately available funds, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due during normal business hours on or before 11:00 a.m. Trustee's local time, on each Lease Payment Date during (except as otherwise provided below), the term amount of this Lease. The Lease Payment payable such payment being as follows:
(i) the amount of the principal of the Bonds coming due on a particular Lease each Interest Payment Date shall be for and other date, whether at stated maturity, by redemption or acceleration or otherwise;
(ii) the period from amount of interest on the immediately preceding Lease Payment Date to such particular Lease Bonds coming due on each Interest Payment Date.;
b. In addition to (iii) the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all amount of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxesredemption premium, if any, levied upon on the EquipmentBonds coming due on any redemption date;
(iv) any Late Payment Penalty payable inunediately, without demand;
(v) on each Tender Date, the purchase price of any Bonds required to be purchased pursuant to the Indenture; and
(vi) all other amounts due under the Bonds, the Indenture and the Financing Documents.
(b) The Lessee acknowledges that any late payment under this Lease (and, as a result, late payment on the Bonds) will cause the Bondowners to incur costs not contemplated by the purchase of the Bonds, the exact amount of the costs being difficult and impracticable to assess. These costs include, without limitation, processing and accounting charges and the potential costs to be incurred as a result of the Bondowners's frustration and inability to meet its other commitments. Therefore the payment of the Late Payment Penalty and interest on the Bonds at the Default Rate will be immediately due as liquidated damages for the Lessee's failure to make prompt payment and to compensate the Bondowners for such costs. The Lessee agrees that any Late Payment Penalty and change in the interest rate on the Bonds to the Default Rate represents a reasonable sum considering all of the circumstances existing as of the date of issuance of the Bonds and represents a fair and reasonable estimate of the costs that the Bondowners will incur by reason of any late payment. The Issuer and the Lessee agree that proof of actual damages would be costs and inconvenient and that the Lessee's payment of any Late Payment Penalty or upon interest at the Default Rate will not constitute the waiver of any Event of Default or event of default under the Indenture with respect to any overdue Lease Payment and will not prevent the Trustee's exercise of any remedies under the Indenture.
(c) Except for such interest of the Lessor; and
2. Any late Lease Payment penalty Lessee as may hereafter arise pursuant to Section 405 of the Indenture, the Lessee and the Issuer each acknowledge that neither the Lessee nor the Issuer has any interest in the Bond Fund and any moneys deposited therein shall be determined in accordance with this subparagraph, the custody of and held by the Trustee in trust for the late benefit of the Bondowners.
(d) By its initials appearing below, the Lessee acknowledges that:
(1) it fully understands the provisions of this Section and the redemption provisions of the Indenture, (2) the issuance of the Bonds by the Issuer at the request of the Lessee at the interest rate and under the terms provided in the Bonds and the Indenture is sufficient consideration for the inclusion of the provisions of this Section and the redemption provisions of the Indenture, (3) the Issuer would not issue the Bonds and enter into this Lease without the inclusion of the provisions of this Section and the redemption provisions of the Indenture, (4) the provisions of this Lease, the Bonds and the Indenture limiting the rights of prepayment and redemption and providing for payment of scheduled Lease Payments. A scheduled Lease Payment not made redemption premium specified in the Bonds and the Indenture were independently negotiated and bargained for, and constitute a specific, material part of the consideration given by the sixth calendar day succeeding Lessee to the scheduled Lease Payment Date shallIssuer, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at Trustee and the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment dueBondowners. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement of the Lessor and /s/FNC /s/ARM /s/KKN ------------------------- Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment.'s Initials
Appears in 1 contract
Lease Payments. Subject to Current Expense You will pay us the terms hereoflease payments, including the final lease payment set forth above (collectively, the Lessee hereby agrees "Lease Payments"), provided however, that your obligation to pay to the Lessor the Lease Payments extends only from the effective date of this Agreement until expiration of your current fiscal year and thereafter if you renew this Agreement. In the event you desire to the renew this Agreement, you shall specifically appropriate parties the Additional Lease Payments funds in the amounts, at budget adopted by you to make the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. Lease Payments shall be paid by Lessee to Lessor according to the attached payment schedule; provided that all amounts owing hereunder shall be due by the final lease payment date. A scheduled portion of each Lease Payment not made by constitutes interest and the sixth calendar day succeeding the scheduled balance of each Lease Payment Date shallis payment of principal. The Lease Payments will be due without demand. You will pay the Lease Payments to us at CATERPILLAR FINANCIAL SERVICES CORP., upon written notice P.O. BOX 100647, PASADENA, CA 91189-0647 or such other location that we designate in writing. Your obligations, including your obligation to pay the Lease Payments due in any fiscal year, will constitute a current expense of yours for such fiscal year and will not constitute an indebtedness of yours within the meaning of the constitution and laws of the State of Idaho. Nothing in this Agreement will constitute a pledge by you of any taxes or other moneys, other than moneys lawfully appropriated from time to time for the Lessor, begin accruing a late Lease Payment penalty, calculated at payment of the applicable lease interest rate, on a pro-rata basis, against “Payments” (as defined in the scheduled Lease Payment duelast sentence of this Section) owing under this Agreement. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment DateYou agree that, except as provided in Section 4.11 (b)
37, your duties and liabilities under this Agreement and any associated documents are absolute and unconditional. Upon mutual agreement Your payment and performance obligations are not subject to cancelation, reduction, or setoff for any reason. You agree to settle all claims, defenses, setoffs, counterclaims and other disputes you may have with the Supplier, the manufacturer of the Lessor Unit, or any other third party directly with the Supplier, the manufacturer or the third party, as the case may be. You will not assert, allege or make any such claim, defense, setoff, counterclaim or other dispute against us or with respect to the payments due us under this Agreement. As used in this Agreement, "Payments" will mean the Lease Payments and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion other amounts required to be paid by you. The portion of the tax-exempt status Lease Payments constituting principal will bear interest (computed on the basis of an Appendix, or for actual days elapsed in a 360 day year) at the perfection rate of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment6.30% per annum.
Appears in 1 contract
Lease Payments. (a) Subject to the terms hereofLessee's right to acquire the Project from the Issuer under Article IX, the Lessee hereby agrees to pay make rental payments ("Lease Payments") to the Lessor Trustee at its principal corporate trust office, for the Lease Payments and to account of the appropriate parties the Additional Lease Payments Issuer, for deposit in the amountsBond Funds, at in federal or other immediately available funds, during normal business hours on or before 11:00 a.m. Trustee's local time, on each Lease Payment Date or Purchase Date, the times and in amount of such payment being as follows:
(i) the manner hereinafter set forth, such amounts constituting in amount of the aggregate principal of the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be Bonds coming due on each Lease Payment Date during Date, whether at stated maturity, by redemption or acceleration or otherwise;
(ii) the term amount of this Lease. The Lease Payment payable interest on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to Bonds coming due on such particular Lease Payment Date.;
b. In addition to (iii) the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all amount of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxesredemption premium, if any, levied upon on the EquipmentBonds coming due on such Lease Payment Date; and
(iv) on each Purchase Date, Interest Rate Mode Conversion Date or upon Substitute Letter of Credit Date, the purchase price of any Series 1998A Bonds required to be purchased pursuant to Section 306 or 307 of the Indenture.
(b) The amounts received by the Trustee under the Letter of Credit shall be credited against the Lessee's corresponding Lease Payments due with respect to the Series 1998A Bonds, and the Lessee's obligation to make Lease Payments shall therefore be deemed satisfied to the extent of such amounts that are received by the Trustee under the Letter of Credit.
(c) Except for such interest of the Lessor; and
2. Any late Lease Payment penalty Lessee as may hereafter arise pursuant to Section 507 of the Indenture, the Lessee and the Issuer each acknowledge that neither the Lessee nor the Issuer has any interest in the Bond Fund and any moneys deposited therein shall be determined in accordance with this subparagraph, the custody of and held by the Trustee in trust for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement benefit of the Lessor Bondowners and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion Letter of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized EquipmentCredit Provider.
Appears in 1 contract
Samples: Lease Agreement (Labone Inc)
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. a) The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. b) In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) Payments all of the following:
1. All (i) all taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any (ii) any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata prorata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment L ease Paym ent penalty begin accruing before the sixth day succeeding the scheduled Lease L ease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
34.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. Upon mutual agreement The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount of Additional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation of the Lessor and LesseeLessee to m ake Lease Paym ents, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an AppendixA dditional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the Equipment shall be borne solely by the Lessee. Except as expressly provided herein, the Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, setoff, defense, counterclaim or recoupm ent for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipmentany reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Lease Payments. Subject For the lease of the Equipment listed in each Schedule, Lessee shall pay to Lessor the terms lease payments and other charges (the "Lease Payments") set forth in the applicable Schedule. As set forth in the applicable Schedule, each Lease Payment includes a principal portion and an interest portion. The Lease Payments will be payable without notice or demand at the office of Lessor (or such other place as Lessor or its assignee may from time to time designate in writing) on the first Lease Payment Date and thereafter as set forth in the applicable Schedule. If any Lease Payment is received later than 10 days after the due date, Lessee will pay a late payment charge equal to 1.8% of the amount of the Lease Payment or the maximum amount permitted by law, whichever is less. Except as specifically provided in Section 6 hereof, the obligation of Lessee hereby agrees to pay to the Lessor make the Lease Payments hereunder and perform all of its other obligations hereunder will be absolute and unconditional in all events and will not be subject to any abatement, setoff, defense, counterclaim, or recoupment for any reason whatsoever including, without limitation, any failure of the appropriate parties Equipment to be delivered or installed, any defects, malfunctions, breakdowns or infirmities in the Additional Equipment or any accident, condemnation or unforeseen circumstances. Lessee reasonably believes that sufficient funds can be obtained to make all Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term applicable Lease Term and hereby covenants that the official of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be Lessee responsible for the period budget preparation will do all things lawfully within his or her power to obtain, maintain and properly request and pursue funds from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to which the Lease Payments set forth hereinmay be made, including making provisions for Lease Payments to the Lessee agrees extent necessary in each budget submitted for the purpose of obtaining funding, using his or her best efforts to pay as Additional Lease Payment(s) all have such portion of the following:
1. All taxes budget approved and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem exhausting all available administrative reviews and specific lien special assessments and gross receipts taxes, if any, levied upon appeals in the Equipment, or upon any interest event such portion of the Lessor; and
2budget is not approved. Any late It is Xxxxxx's intent to make Lease Payment penalty shall be determined in accordance with this subparagraph, Payments for the late payment full Lease Term if funds are legally available therefor and in that regard Lessee represents that the use of scheduled the Equipment is essential to its proper, efficient and economic operation. The foregoing provisions shall not be construed to require Xxxxxx's governing body or other governmental body charged with budgeted or appropriating funds for Lessee to budget or appropriate funds to make Lease Payments. A scheduled Lessor and Lessee understand and intend that the obligation of Lessee to pay Lease Payment Payments hereunder and each Schedule hereto shall constitute a current expense of Lessee and shall not made in any way be construed to be a debt of Lessee in contravention of any applicable constitutional or statutory limitation or requirement concerning the creation of indebtedness by the sixth calendar day succeeding the scheduled Lease Payment Date shallXxxxxx, upon written notice from the Lessor, begin accruing nor shall anything contained herein constitute a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. Upon mutual agreement pledge of the Lessor and general tax revenues, funds or monies of Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment.
Appears in 1 contract
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the following:
1. All taxes and assessments of any nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if any, levied upon the Equipment, or upon any interest of the Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. [Upon mutual agreement of the Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an Appendix, or for the perfection of a lien, registration, or documentation of a vessel, aircraft or other specialized Equipment]
4.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount of Additional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation of the Lessee to make Lease Payments, Additional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional) except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the Equipment shall be borne solely by the Lessee. Except as expressly provided herein, the Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, setoff, defense, counterclaim or recoupment for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement
Lease Payments. Subject to the terms hereof, the Lessee hereby agrees to pay to the Lessor the Lease Payments and to the appropriate parties the Additional Lease Payments in the amounts, at the times and in the manner hereinafter set forth, such amounts constituting in the aggregate the rent payable under this Lease.
a. The Lease Payments payable by the Lessee shall be due on each Lease Payment Date during the term of this ofthis Lease. The Lease Payment payable on a particular Lease Payment Date shall be for the period from the immediately preceding Lease Payment Date to such particular Lease Payment Date.
b. In addition to the Lease Payments set forth herein, the Lessee agrees to pay as Additional Lease Payment(s) all of the ofthe following:
1. All taxes and assessments of any ofany nature whatsoever, including but not limited to excise taxes, ad valorem taxes including sales taxes, ad valorem and specific lien special assessments and gross receipts taxes, if anyifany, levied upon the Equipment, or upon any interest of the ofthe Lessor; and
2. Any late Lease Payment penalty shall be determined in accordance with this subparagraph, for the late payment of scheduled ofscheduled Lease Payments. A scheduled Lease Payment not made by the sixth calendar day succeeding the scheduled Lease Payment Date shall, upon written notice from the Lessor, begin accruing a late Lease Payment penalty, calculated at the applicable lease interest rate, on a pro-rata basis, against the scheduled Lease Payment due. In no event shall the late Lease Payment penalty begin accruing before the sixth day succeeding the scheduled Lease Payment Date or before the date written the Lessee receives notice from the Lessor, and in no event shall any late Lease Payment penalty continue to accrue past the twentieth day succeeding the scheduled Lease Payment Date, except as provided in Section 4.11 (b)
3. [Upon mutual agreement of the ofthe Lessor and Lessee, any fees for the retention of, and services provided by, a special counsel for an opinion of the tax-exempt status of an ofan Appendix, or for the perfection of a ofa lien, registration, or documentation of a ofa vessel, aircraft or other specialized Equipment]
4.5.1 Amounts constituting Additional Lease Payments hereunder shall be paid by the Lessee directly to the person(s) to whom such amounts shall be payable. The Lessee shall pay all such amounts when due or at such later time as such amounts may be paid without penalty or, in any other case, within thirty (30) calendar days after notice in writing from the Lessor to the City stating the amount ofAdditional Lease Payments then due and payable and the purpose thereof.
4.5.2 The obligation ofthe Lessee to make Lease Payments, Additional Lease Payments, or any other payments required hereunder, shall be absolute and unconditional) except as otherwise specifically provided in this Agreement. This is a net lease. All costs, expenses and other liabilities associated with the Equipment shall be borne solely by the Lessee. Except as expressly provided herein, the Lessee’s obligation to pay rent and all other obligations under this Agreement are absolute and unconditional and not subject to any deferment, reduction, seto f, defense, counterclaim or recoupment for any reason whatsoever.
Appears in 1 contract
Samples: Master Lease Agreement