Percentage Share. The Percentage Share for each Lessor Party shall be determined from time to time by the Agent in good faith, with such determination by the Agent being conclusive and binding on each Lessor Party and the Credit Parties, absent manifest error. The Agent shall maintain records regarding the Percentage Share (which may be set forth in the Register), and promptly upon any such change regarding the Percentage Share of any Lessor Party, the Agent shall provide a report to the Lessor Parties detailing the then current Percentage Shares of all the Lessor Parties.
Percentage Share. Subject to adjustment as provided in Section 2.3(b) below, each Member’s (i) name, (ii) Initial Capital Contributions, and (iii) Percentage Share are set forth in Schedule I attached hereto and made a part hereof.
Percentage Share. Tenant's percentage share of the costs described ---------------- above shall be the percentage stated in the Lease Summary, or, if no percentage is there stated, shall be determined by the square footage of the Premises divided by the square footage of the Building. However, if Tenant utilizes more than its proportionate share of the Common Area, for parking or other purposes, or more than a normal amount of any utility service, then Landlord may equitably increase Tenant's percentage share of costs associated with those items to account for such additional usage. Tenant's percentage share of property taxes may also be equitably adjusted by Landlord to take account of any disproportionate burden imposed by special improvements or valuations relating to other portions of the building or to other buildings on the tax parcel, which adjustment may raise or lower Tenant's percentage share; valuation data contained on the tax assessor's worksheets, if available, shall conclusively determine the manner in which any equitable adjustment is to be made. Tenant shall have the right to review the tax assessor's worksheets as a method of auditing Landlord's allocations of property taxes to be paid by Tenant.
Percentage Share. Commencing as of the Renewal Commencement Date, (i) Tenant’s percentage share of Property Taxes and Operating Expenses for the Premises shall be calculated based on 38,345 rentable square feet, (ii) Tenant’s percentage share of Operating Expenses allocated to the Building shall be sixty-one and 52/100ths percent (61.52%), and (iii) Tenant’s percentage share of Operating Expenses allocated to the Project shall be thirty-three and 5/100ths percent (33.05%).
Percentage Share. Tenant shall also pay to Landlord an amount equal to Tenant’s Percentage Share of any increase in Assessments above the amount of Assessments levied or assessed against the Facility for the Base Tax Year. As used in this Section 6, the term “Assessments” shall mean all assessments, transit charges, housing charges, and levies assessed, charged, levied, confirmed, or imposed by any local government, any political subdivision, public corporation, district, or other local political or public entity or public authority thereof on or with respect to any of the items described in clauses (a) through (e) of Subsection 6.2.1 or with respect to the use, occupancy, management, maintenance, alteration, repair, or operation of the Facility (or any portion thereof) or any services or utilities furnished or consumed in connection with the use, occupancy, management, alteration, repair or operation of the Facility (or any portion thereof). Neither “Taxes” nor “Assessments” shall include any costs, taxes, fees, assessments, or impositions levied, charged, assessed, or imposed by public authorities in connection with any development or redevelopment of the Facility or expansion of the Building (other than those Assessments that are generally applicable to similarly situated property owners absent any such development or redevelopment or expansion), except to the extent such Assessments either arise from actions undertaken by Landlord in its reasonable efforts to comply with the requirements of this Lease or are legally mandated, as opposed to discretionary actions. Except to the extent otherwise expressly provided below, the amount of Assessments attributable to the Base Tax Year shall be reduced by the amount of any Assessment refund arising out of an appeal of an assessment levied or assessed against the Facility for the Base Tax Year.
Percentage Share. The definition of "Tenant's Percentage Share" set forth in the Basic Lease Information of the Lease is hereby amended to be 25.54%.
Percentage Share. Final Advance for Punch List Items ................................................................................. 15 5.12 Limitation on Requested Lessor Advances regarding Available Lessor Parties Commitment ..................................................................................................................... 16 5.13 Limitation on Purchase Option under the Lease and the Agency Agreement .................. 16 5.14
Percentage Share. Tenant’s Percentage Share shall be recalculated, using the total rentable area of the Premises, as increased by the subject Offer Space, as the case may be.
Percentage Share. “Percentage Share” shall mean the percentage calculated by dividing the area of the land in a Tract by the total land area of the Shopping Center.
Percentage Share. Participant hereby irrevocably and unconditionally agrees to pay on demand by Swap Bank, without counterclaim or set off, % (the "Percentage Share") of all Swap Liabilities (as defined below). As used herein, "Swap Liabilities" means, without duplication, (a) all amounts payable by Counterparty to Swap Bank under Section 6(e) of the Swap Agreement with respect to the Counterparty Transaction, (b) all amounts paid by Counterparty to Swap Bank in respect of the Counterparty Transaction and subsequently restored, refunded, repaid or returned to Counterparty or its successor in interest (including, without limitation, a debtor in possession or trustee in bankruptcy) for any reason, whether by reason of insolvency, bankruptcy or reorganization of Counterparty or otherwise, (c) all unpaid interest due from Counterparty to Swap Bank in respect of the Counterparty Transaction, and (d) all other amounts owing by Counterparty to Swap Bank in respect of the Counterparty Transaction, in each case (i) to the extent certified by Swap Bank (whether in its demand for payment or otherwise) as not having been paid by Counterparty when due, and (ii) less any amounts payable by Swap Bank to Counterparty in respect of the Counterparty Transaction. “Swap Liabilities” shall not include any losses suffered by Swap Bank that are the subject of an indemnity claim by Participant under Section 9.
