Proportionate Share and Pro Rata Payments
Proportionate Share and Pro Rata Payments Sample Clauses
Related to Proportionate Share and Pro Rata Payments
Proportionate Share If the Premises are a part of a multiple tenancy complex, the responsibility of the Lessee for costs are determined by taking a percentage of the total cost of the expenses based upon the rentable floor space in said complex occupied by the Lessee. It is agreed that the Premises is [%] ("Proportionate Share") of the total floor space in the building. The Lessor may, with notice to the Lessee, elect to perform and provide certain maintenance and services pertaining to the entire building or area of which the Premises are a part, including, but not limited to, landscaping, trash removal, lawn maintenance, common area lighting, watering, paving maintenance, and snow removal. In such event, the Lessee shall reimburse the Lessor for its Proportionate Share of such maintenance services. Within ninety (90) days following the end of each year during the Term, the Lessor shall furnish the Lessee with a written statement covering the lease year just expired (measured from the Commencement Date), showing in reasonable detail a general breakdown of the total operating costs, the amount of the Lessee's obligation relating thereto, and the total payments made by the Lessee. The Lessee agrees to conduct its business in a lawful and legal manner, and in a way that provides quiet enjoyment to the rest of the Lessees in the complex, including, but not limited to, mitigation and limitation of noise, vibration, odor, trash, or fumes. In the event the Lessor receives complaints from other Lessees in the building or complex and determines, in its sole reasonable judgment, that the Lessee is conducting its operations in a manner so as to be objectionable to other Lessees, the Lessee shall, upon notice from the Lessor, promptly modify its operations to eliminate such objections.
Proportionate Amounts Each partial assignment shall be made as an assignment of a proportionate part of all the assigning Lender’s rights and obligations under this Agreement with respect to the Loan or the Commitment assigned.
Pro Rata Payments Payments to the Holders shall be pro rata with other Holders who purchased Notes in the same oRering, based on the Principal Amount of each such Note. If a Holder receives a payment in excess of his, her, or its pro rata share, the excess shall be deemed to be held in trust for the benefit of other Holders.
Tenant’s Proportionate Share [15%]. Such share is a fraction, the numerator of which is the Rentable Area of the Premises, and the denominator of which is the Rentable Area of the Project, as determined by Landlord from time to time. The Project consists of one building containing a total Rentable Area of 30,000 square feet.
Pro Rata Share A Participation Rights Holder’s “Pro Rata Share” for purposes of the Right of Participation is the ratio of (a) the number of Ordinary Shares (calculated on a fully-diluted and as-converted basis) held by such Participation Rights Holder, to (b) the total number of Ordinary Shares (calculated on a fully-diluted and as-converted basis) then outstanding immediately prior to the issuance of New Securities giving rise to the Right of Participation.
Pro Rata Fee If Subadviser should serve for less than the whole of any calendar quarter, its compensation shall be determined as provided above on the basis of the average daily net asset value of the Account for the period of that calendar quarter and shall be payable on a pro rata basis for the period of the calendar quarter for which it has served as Subadviser hereunder. In no event shall the Subadviser receive payment for any period of time during which there were no assets in the Account.
Pro Rata Distributions During such time as this Warrant is outstanding, if the Company shall declare or make any dividend or other distribution of its assets (or rights to acquire its assets) to holders of shares of Common Stock, by way of return of capital or otherwise (including, without limitation, any distribution of cash, stock or other securities, property or options by way of a dividend, spin off, reclassification, corporate rearrangement, scheme of arrangement or other similar transaction) (a “Distribution”), at any time after the issuance of this Warrant, then, in each such case, the Holder shall be entitled to participate in such Distribution to the same extent that the Holder would have participated therein if the Holder had held the number of shares of Common Stock acquirable upon complete exercise of this Warrant (without regard to any limitations on exercise hereof, including without limitation, the Beneficial Ownership Limitation) immediately before the date of which a record is taken for such Distribution, or, if no such record is taken, the date as of which the record holders of shares of Common Stock are to be determined for the participation in such Distribution (provided, however, that, to the extent that the Holder’s right to participate in any such Distribution would result in the Holder exceeding the Beneficial Ownership Limitation, then the Holder shall not be entitled to participate in such Distribution to such extent (or in the beneficial ownership of any shares of Common Stock as a result of such Distribution to such extent) and the portion of such Distribution shall be held in abeyance for the benefit of the Holder until such time, if ever, as its right thereto would not result in the Holder exceeding the Beneficial Ownership Limitation).
Direct Expenses 1. Fees and expenses of its directors (including the fees of those directors who are deemed to be "interested persons" of the Fund as that term is defined in the Investment Company Act of 1940) and the meetings thereof;
Tenant’s Pro Rata Share For the period commencing with the Expansion Effective Date and ending on the Termination Date, Tenant’s Pro Rata Share for the Expansion Space is one point one five percent (1.15%).
COMMITMENTS AND PRO RATA SHARES LENDER COMMITMENT PRO RATA SHARE -------------------------------------------------------------------------- Bank of America, N.A. $ 50,000,000 33.333333335% U.S. Bank National Association $ 23,000,000 15.333333333% KeyBank National Association $ 23,000,000 15.333333333% Wachovia Corporation $ 23,000,000 15.333333333% The Bank of New York $ 15,500,000 10.333333333% Comerica Bank $ 15,500,000 10.333333333% TOTAL $150,000,000 100.000000000% SCHEDULE 5.11 ENVIRONMENTAL MATTERS SCHEDULE 5.13 SUBSIDIARIES AND OTHER EQUITY INVESTMENTS Part (a). Subsidiaries. Part (b). Other Equity Investments. SCHEDULE 7.1 EXISTING LIENS SCHEDULE 7.4 EXISTING INVESTMENTS SCHEDULE 7.5 EXISTING INDEBTEDNESS SCHEDULE 10.2 EURODOLLAR AND DOMESTIC LENDING OFFICES, ADDRESSES FOR NOTICES ABM INDUSTRIES INCORPORATED 100 Xxxxxxx Xxxxxx, Xxxxx 000 Xxx Xxxxxxxxx, XX 00000-0000 Attn: Gxxxxx X. Xxxxxx Senior Vice President and Chief Financial Officer Telephone: 400-000-0000 Facsimile: 415-733-5123 Electronic Mail: gxxxxxx@xxx.xxx With a copy to: ABM Industries Incorporated 100 Xxxxxxx Xxxxxx, Xxxxx 000 Xxx Xxxxxxxxx, XX 00000-0000 Attn: General Counsel Telephone: 400-000-0000 Facsimile: 400-000-0000 BANK OF AMERICA Administrative Agent's Office and Bank of America's Lending Office (for payments and Requests for Credit Extensions): Bank of America, N.A. Commercial Agency Management 800 Xxxxx Xxxxxx, Xxxxx 37 Mail Code: WA1-501-37-20 Sxxxxxx, XX 00000 Attn: Kxx Xxxx Telephone: 200-000-0000 Facsimile: 200-000-0000 Email: kxx.xxxx@xxxxxxxxxxxxx.xxx L/C Issuer: Bank of America, N.A. Trade Operations-Los Angeles #22621 300 X. Xxxxxxx Avenue, 19th Floor Mail Code: CA9-703-19-23 Lxx Xxxxxxx, XX 00000-0000 Attn: Sxxxxx Xxxx Telephone: 200-000-0000 Facsimile: 200-000-0000 Email: Sxxxxx.Xxxx@xxxxxxxxxxxxx.xxx Other Notices as a Lender: Bank of America, N.A. 300 Xxxxxxxxxx Xxxxxx San Francisco, CA 94104 Attn: Lxxx X. Xxxxxx Telephone: 400-000-0000 Facsimile: 400-000-0000 Email: lxxx.xxxxxx@xxxxxxxxxxxxx.xxx U.S. BANK NATIONAL ASSOCIATION Requests for Credit Extensions: U.S. Bank National Association 500 X.X. Xxx Xxxxxx, XX-0 Xxxxxxxx, XX 00000 Attn: Lxxxxx Xxxxxxxx Telephone: 500-000-0000 Facsimile: 500-000-0000 Email: lxxxxx.xxxxxxxx@xxxxxx.xxx Account No. 00340012160600 Ref: ABM Industries ABA# 100-000-000 Notices (other than Requests for Credit Extensions): U.S. Bank National Association 500 X.X. Xxx Xxxxxx, Xxxxx 000 Xxxxxxxx, XX 00000 Attn: Dxxxxxx X. Xxxx Telephone: 500-000-0000 Facsimile: 500-000-0000 Email: dxxxxxx.xxxx@xxxxxx.xxx KEYBANK NATIONAL ASSOCIATION Requests for Credit Extensions: KeyBank National Association Western Loan Services Specialty Services 400 X. Xxxxxxxxxx Xxxxxxxxx Xxxxx, XX 00000 Telephone: 800-000-0000 Facsimile: 800-000-0000 Account No. 3072 Ref: Specialty Team ABA# 100000000 Notices (other than Requests for Credit Extensions): KeyBank National Association 600 000xx Xxxxxx XX 0xx Xxxxx Mailcode: WA-31-18-0512 Bxxxxxxx, XX 00000 Attn: Mxxxxxx X. Xxxx Telephone: 400-000-0000 Facsimile: 400-000-0000 Email: Mxxxxxx.X.Xxxx@kxxxxxx.xxx WACHOVIA BANK, NATIONAL ASSOCIATION Requests for Credit Extensions: Wachovia Corporation 200 Xxxxx Xxxxxxx Xxxxxx Xxxxxxxxx, XX 00000 Attn: LxXxxxxx Xxxxx Telephone: 700-000-0000 Facsimile: 700-000-0000 Email: lxxxxxxx.xxxxx@xxxxxxxx.xxx Account No. 145916-8000000 Ref: ABM Industries, Inc. ABA# 000000000 Notices (other than Requests for Credit Extensions): Wachovia Bank, National Association One Wachovia Center 300 Xxxxx Xxxxxxx Xxxxxx XX0000 - 5th Floor Cxxxxxxxx, XX 00000 Attn: Axxx Xxxxxx Telephone: 700-000-0000 Facsimile: 700-000-0000 Email: axxx.xxxxxx@xxxxxxxx.xxx THE BANK OF NEW YORK Requests for Credit Extensions: The Bank of New York Oxx Xxxx Xxxxxx, 00xx Xxxxx Xxx Xxxx, XX 00000 Attn: Dxxx Xxxxxxxx Telephone: 200-000-0000 Facsimile: 212-635-6399/6877 Account No. GLA111556 Ref: ABM Industries, Inc. ABA# 000000000 Notices (other than Requests for Credit Extensions): The Bank of New York 10000 Xxxxxxxx Xxxxxxxxx Xxxxx 0000 Xxx Xxxxxxx, XX 00000 Attn: Exxxxxxxx X. Xxxx Telephone: 300-000-0000 Facsimile: 300-000-0000 COMERICA BANK Requests for Credit Extensions: Comerica Bank 3000 Xxxxxx Xxxxxx Parkway Suite 350 Las Vegas, NV 89109 Attn: Rxxxxx X. XxXxxxx Telephone: 700-000-0000 Facsimile: 700-000-0000 Email: rxxxxx_x_xxxxxxx@xxxxxxxx.xxx Account No. 21585-90010 Ref: ABM Industries, Inc. ABA# 000000000 Notices (other than Requests for Credit Extensions): Comerica Bank 1000 Xxxx Xxxxxx Xxxxx 0000 Xxxxxx, XX 00000 Attn: Jxxx X. Xxxxxxxxx Telephone: 900-000-0000 Facsimile: 900-000-0000 Email: jxxx_x_xxxxxxxxx@xxxxxxxx.xxx EXHIBIT A FORM OF REVOLVING LOAN NOTICE Date: ___________, _____ To: Bank of America, N.A., as Administrative Agent Ladies and Gentlemen: Reference is made to that certain Credit Agreement dated as of June 28, 2002 (as amended, restated, extended, supplemented or otherwise modified in writing from time to time, the "Agreement;" the terms defined therein being used herein as therein defined) among ABM Industries Incorporated, a Delaware corporation (the "Company"), the Lenders from time to time party thereto, and Bank of America, N.A., as Administrative Agent, L/C Issuer and Swing Line Lender. The undersigned hereby requests (select one): [ ] A Borrowing of Revolving Loans [ ] A conversion or continuation of Loans
