Operating Losses; Credit. A. To the extent there is an Operating Loss for any Accounting Period, additional funds in the amount of any such deficiency shall be provided by Owner within twenty (20) days after Management Company has given written notice to Owner of such Operating Loss. If Management Company elects not to so notify Owner or if Owner does not so fund such deficiency on Management Company's request (but, in such latter case, without affecting Management Company's other remedies under this Agreement), Management Company shall have the right to withhold an amount equal to such deficiency from future disbursements of funds otherwise due to Owner.
B. In no event shall either party borrow money in the name of or pledge the credit of the other. END OF ARTICLE IX
Operating Losses; Credit. Article X - Trademarks, Trade Names and Service Marks - -----------------------------------------------------
Operating Losses; Credit. A. To the extent there is an Operating Loss for any Accounting Period, additional funds in the amount of any such deficiency shall be provided by Landlord within ten (10) days if Tenant gives written notice to Landlord of such Operating Loss. To the extent Tenant elects not to so collect or Landlord does not so forward upon request, Tenant shall be entitled to a credit in the amount of any such deficiency against both Annual Rent and Additional Rent owed by Tenant to Landlord in succeeding Accounting Periods. If Landlord fails to provide additional funds in the amount of such Operating Loss within such ten (10) day period, Tenant shall have the option of terminating this Agreement upon not less than thirty (30) days written notice to Landlord. If this Agreement is terminated for any reason before Tenant has recovered all such deficiencies, then Tenant shall be entitled to recover the remaining deficiencies from either of the following sources: (i) by deduction from any of Landlord's funds which Tenant holds or controls, or (ii) out of any Sale Proceeds or Loan Proceeds.
B. In no event shall either party borrow money in the name of or pledge the credit of the other. END OF ARTICLE IX
Operating Losses; Credit. A. To the extent there is an Operating Loss, additional September 13, 1993 109 funds in the amount of any such Operating Loss shall be provided by Owner within thirty (30) days after Management Company has given written notice thereof to Owner; provided, however, that if Owner has already received a request from Management Company for additional Working Capital pursuant to Section 7.01.A, and if such request under Section 7.01.A reflects fundamentally the same cash shortage which resulted in a request under this Section 9.04.A, Owner and Management Company shall mutually discuss the extent to which the requests under Section 7.01.A and Section 9.04.A may overlap, and such requests shall be modified accordingly.
B. In no event shall either party borrow money in the name of or pledge the credit of the other.
Operating Losses; Credit. 51 ARTICLE X - PROPRIETARY MARKS; INTELLECTUAL PROPERTY ----------------------------------------------------
Operating Losses; Credit. A. To the extent there is an Operating Loss in an Accounting Period, additional funds in the amount of any such Operating Loss shall be provided by Management Company within thirty (30) days after the Accounting Period during which such Operating Loss occurs; provided, that Management Company may recoup, during the next Accounting Period(s) within the same Fiscal Year for which there exists an Operating Profit, as much of such Operating Loss as can be recovered without causing an Operating Loss during such subsequent Accounting Period(s). To the extent there is an Operating Loss for an entire Fiscal Year, additional funds in the amount of any such Operating Loss shall be provided by Management Company within thirty (30) days after the Accounting Period during which such Operating Loss occurs.
B. In no event shall either party borrow money in the name of or pledge the credit of the other. END OF ARTICLE IX
Operating Losses; Credit. 46 ARTICLE X - TRADEMARK AND TRADE NAME.......................................47
Operating Losses; Credit. 31 Page ---- Article IX -- Trademark and Trade Name --------------------------------------
Operating Losses; Credit. A. To the extent there is an Operating Loss, additional funds in the amount thereofsuch deficiency shall be provided by Owner within ten (10) days after Management Company has given written notice to Owner of such Operating Loss.
B. In no event shall either party borrow money in the name of or pledge the credit of the other. END OF ARTICLE VIII
Operating Losses; Credit. 53 ARTICLE IX TRADEMARKS, TRADE NAMES AND SERVICE MARKS .............. 55
