Common use of Prior to Scheduled Expiration Date Clause in Contracts

Prior to Scheduled Expiration Date. If for any reason the Term Expiration Date shall occur prior to the Scheduled Expiration Date, StadCo shall be entitled to hold over and remain in possession of the Premises through a date following the Term Expiration Date to be specified by written notice from StadCo to the Authority; provided, however, that such date shall not be more than one (1) month following the end of the remainder of the then applicable NFL Season being played at the time of the Term Expiration Date and provided that such notice is given to the Authority within ten (10) days after the Term Expiration Date. During such period of holding over, StadCo shall pay the Authority a fee as follows: (i) if the Term Expiration Date occurred as the result of a StadCo Event of Default, StadCo shall pay a fee in the amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00), subject to annual adjustment after the Term Commencement Date based upon the applicable CPI Increase (which shall be prorated for any partial Lease Year based on the number of days during the holdover period compared to 366), (ii) if the Term Expiration Date occurred as the result of an Authority Default, StadCo shall not be obligated to pay a fee, and (iii) if the Term Expiration Date occurred for any other reason, StadCo shall not be obligated to pay a fee. Such holdover license fee (if any) shall be paid monthly, in advance, on a pro rata basis and the failure of StadCo to make such payment shall entitle the Authority to immediately terminate StadCo’s right to holdover by giving StadCo written notice thereof.

Appears in 3 contracts

Samples: Stadium Lease Agreement, Stadium Lease Agreement, Stadium Lease Agreement

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Prior to Scheduled Expiration Date. If for any reason the Term Expiration Date shall occur prior to the Scheduled Expiration Date, StadCo shall be entitled to hold over and remain in possession of the Premises through a date following the Term Expiration Date to be specified by written notice from StadCo to the Authority; provided, however, that such date shall not be more than one (1) month following the end of the remainder of the then applicable NFL Season being played at the time of the Term Expiration Date and provided that such notice is given to the Authority within ten (10) days after the Term Expiration Date. During such period of holding over, StadCo shall pay the Authority a fee as follows: (ia) if the Term Expiration Date occurred as the result of a StadCo Event of Default, StadCo shall pay a fee in the amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00), subject to annual adjustment after the Term Commencement Date based upon the applicable CPI Increase (which shall be prorated for any partial Lease Year based on the number of days during the holdover period compared to 366), (iib) if the Term Expiration Date occurred as the result of an Authority Default, StadCo shall not be obligated to pay a fee, and (iiic) if the Term Expiration Date occurred for any other reason, StadCo shall not be obligated to pay a fee. Such holdover license fee (if any) shall be paid monthly, in advance, on a pro rata basis and the failure of StadCo to make such payment shall entitle the Authority to immediately terminate StadCo’s right to holdover by giving StadCo written notice thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

Prior to Scheduled Expiration Date. If for any reason the Term Expiration Date shall occur prior to the Scheduled Expiration Date, StadCo shall be entitled to hold over and remain in possession of the Premises through a date following the Term Expiration Date to be specified by written notice from StadCo to the Authority; provided, however, that such date shall not be more than one (1) month following the end of the remainder of the then applicable NFL Season being played at the time of the Term Expiration Date and provided that such notice is given to the Authority within ten (10) days after the Term Expiration Date. During such period of holding over, StadCo shall pay the Authority a fee as follows: (iai) if the Term Expiration Date occurred as the result of a StadCo Event of Default, StadCo shall pay a fee in the amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00), subject to annual adjustment after the Term Commencement Date based upon the applicable CPI Increase (which shall be prorated for any partial Lease Year based on the number of days during the holdover period compared to 366), (iibii) if the Term Expiration Date occurred as the result of an Authority Default, StadCo shall not be obligated to pay a fee, and (iiiciii) if the Term Expiration Date occurred for any other reason, StadCo shall not be obligated to pay a fee. Such holdover license fee (if any) shall be paid monthly, in advance, on a pro rata basis and the failure of StadCo to make such payment shall entitle the Authority to immediately terminate StadCo’s right to holdover by giving StadCo written notice thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

Prior to Scheduled Expiration Date. If for any reason the Term Expiration Date shall occur prior to the Scheduled Expiration Date, StadCo shall be entitled to hold over and remain in possession of the Premises through a date following the Term Expiration Date to be specified by written notice from StadCo to the Authority; provided, however, that such date shall not be more than one (1) month following the end of the remainder of the then applicable NFL MLB Season being played at the time of the Term Expiration Date and provided that such notice is given to the Authority within ten (10) days after the Term Expiration Date. During such period of holding over, StadCo shall pay the Authority a fee as follows: (i) if the Term Expiration Date occurred as the result of a StadCo Event of Default, StadCo shall pay a fee in the amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00)) per annum, subject to annual adjustment after the Term Commencement Date based upon the applicable CPI Increase (which shall be prorated for any partial Lease Year based on the number of days during the holdover period compared to 366), (ii) if the Term Expiration Date occurred as the result of an Authority Default, StadCo shall not be obligated to pay a fee, and (iii) if the Term Expiration Date occurred for any other reason, StadCo shall not be obligated to pay a fee. Such holdover license fee (if any) shall be paid monthly, in advance, on a pro rata basis and the failure of StadCo to make such payment shall entitle the Authority to immediately terminate StadCo’s right to holdover by giving StadCo written notice thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

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Prior to Scheduled Expiration Date. If for any reason the Term Expiration Date shall occur prior to the Scheduled Expiration Date, StadCo shall be entitled to hold over and remain in possession of the Premises through a date following the Term Expiration Date to be specified by written notice from StadCo to the Authority; provided, however, that such date shall not be more than one (1) month following the end of the remainder of the then applicable NFL Season being played at the time of the Term Expiration Date and provided that such notice is given to the Authority within ten (10) days after the Term Expiration Date. During such period of holding over, StadCo shall pay the Authority a fee as follows: (ia) if the Term Expiration Date occurred as the result of a StadCo Event of Default, StadCo shall pay a fee in the amount of Two Million Five Hundred Thousand and No/100 Dollars ($2,500,000.00)[ ], subject to annual adjustment after the Term Commencement Date based upon the applicable CPI Increase (which shall be prorated for any partial Lease Year based on the number of days during the holdover period compared to 366), (iib) if the Term Expiration Date occurred as the result of an Authority Default, StadCo shall not be obligated to pay a fee, and (iiic) if the Term Expiration Date occurred for any other reason, StadCo shall not be obligated to pay a fee. Such holdover license fee (if any) shall be paid monthly, in advance, on a pro rata basis and the failure of StadCo to make such payment shall entitle the Authority to immediately terminate StadCo’s right to holdover by giving StadCo written notice thereof.

Appears in 1 contract

Samples: Stadium Lease Agreement

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