Common use of Reduction of Security Deposit Clause in Contracts

Reduction of Security Deposit. Tenant shall have the right to have the Security Deposit reduced (as hereinafter provided) at any time if (i) Tenant has not, prior to the date of reduction, committed an Event of Default and (ii) either (a) Tenant has completed an initial public offering raising net proceeds in a minimum, aggregate amount of $50,000,000 or (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter defined). Tenant may request such reduction by a written request to Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions), Tenant’s Security Deposit shall be reduced as hereinafter provided. Following Landlord’s approval, Tenant shall deliver to Landlord a replacement clean, unconditional, irrevocable L/C in the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter the Security Deposit required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), which amount Landlord shall hold for the balance of the Term in accordance with this Section 4. Alternatively, Landlord and Tenant shall cooperate reasonably to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit is reduced, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly be increased to the original amount set forth in the Basic Lease Information and Tenant shall provide a new L/C in an amount sufficient to maintain such original amount.

Appears in 1 contract

Samples: Lease Agreement (Infinera Corp)

AutoNDA by SimpleDocs

Reduction of Security Deposit. Tenant shall have the one-time right to have reduce the Security Deposit reduced (as hereinafter provided) at any time if (i) Tenant has not, prior Amount to the amount of $2,131,111.35 on the date (the “Reduction Date”) that all of reduction, committed an Event of Default and (ii) either the following conditions have been satisfied: (a) Tenant has completed an initial public offering raising net proceeds and any Affiliated Company (as defined in a minimum, aggregate amount Section 12.6) is in occupancy of $50,000,000 or no less than seventy-five percent (75%) of the Premises for the Permitted Use; (b) Tenant has achieved and maintained Net Income Profitability paid Base Rent in the aggregate amount of (i) the Abated Base Rent, plus (ii) the full Finish Work Allowance (as hereinafter defineddefined herein). Tenant may request such reduction , plus (iii) all leasing commissions paid by a written request Landlord in connection with this Lease, and plus (iv) all out-of-pocket legal expenses paid by Landlord in connection with this Lease (collectively, the “Reimbursement Expenses”); and (c) no monetary Event of Default has occurred prior to Landlord furnishing Landlord with satisfactory evidence the Reduction Date and documentation that it no nonmonetary Event of Default has satisfied the conditions set forth abovepreviously occurred and is then continuing. Upon request by Xxxxxx following the expiration of the Partial Abatement Period, Landlord shall provide Tenant with a statement containing Landlord’s review calculation of the Reimbursement Expenses and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request the date on which Tenant is anticipated to confirm satisfaction of such conditions), Tenant’s Security Deposit shall be reduced as hereinafter provided. Following Landlord’s approval, Tenant shall deliver have paid Base Rent equal to Landlord a replacement clean, unconditional, irrevocable L/C in the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter Reimbursement Expenses. The reduction of the Security Deposit required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), which amount Landlord shall hold for the balance of the Term Amount in accordance with this Section 4. Alternatively4.6.6 shall be accomplished by Xxxxxx’s delivery to Landlord of either (i) a substitute Letter of Credit that satisfies the requirements for a Letter of Credit stated in Section 4.6.2, at which time Landlord shall surrender the prior letter of credit and Tenant execute such reasonable documentation as the issuer thereof may require to effect the termination of such prior letter of credit, or (ii) an amendment to the Letter of Credit, in which case Landlord shall cooperate reasonably execute such reasonable documentation as the issuer thereof may require to amend effect the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes reduction of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit is reduced, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly be increased to the original amount set forth in the Basic Lease Information and Tenant shall provide a new L/C in an amount sufficient to maintain such original amountAmount.

Appears in 1 contract

Samples: Lease Agreement (Organogenesis Holdings Inc.)

Reduction of Security Deposit. Tenant shall have the right to have (a) The amount of the Security Deposit reduced shall decrease by Eighty Thousand and 00/100 Dollars (as hereinafter provided$80,000.00) annually for five (5) years beginning with the sixth (6th) Lease Year, provided that a Default does not exist at such time and provided the Threshold Tests are satisfied by Tenant or its guarantor, if applicable, at the time of such determination. If any of the Threshold Tests are not met in any given year, the Security Deposit shall remain unchanged. (b) If at any time the Threshold Tests (defined below) have been satisfied and Tenant or its guarantor, if applicable, has received a rating equal to or better than: (i) Tenant has not, prior to NAIC 2 from the date National Association of reduction, committed an Event of Default and Insurance Commissioners or (ii) either BBB from Standard & Poor’s (aor its equivalent from another rating agency) (the “Threshold Rating”), then the requirement for Tenant has completed an initial public offering raising net proceeds in a minimum, aggregate amount to maintain the Security Deposit shall be terminated and the Letter of $50,000,000 or Credit shall be cancelled and promptly be returned by Landlord to Tenant (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter definedthe “Security Deposit Termination”). Notwithstanding the foregoing, if after a Security Deposit Termination has occurred, Tenant may request such reduction by a written request or its guarantor, as applicable, fails to Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied satisfy the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions)Threshold Test or the Threshold Rating, then Tenant’s Security Deposit obligation under this Section 33 shall be reduced as hereinafter provided. Following Landlord’s approvalreinstated and within thirty (30) calendar days of the rating downgrade or failure to satisfy the Threshold Test, Tenant shall deliver to Landlord a replacement clean, unconditional, irrevocable L/C Letter of Credit in an amount equal to the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter the Security Deposit previously required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00)the Lease, but taking into account any reductions under Section 33.04(a) above which amount Landlord shall hold for the balance of the Term in accordance with this Section 4would have been applicable. Alternatively, Landlord and Tenant shall cooperate reasonably pay any and all costs and expenses in connection with the issuance of a new Letter of Credit. (c) Except with respect to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit is reducedTermination, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly not be increased to the original amount set forth in the Basic Lease Information reduced below Two Hundred Thousand and Tenant shall provide a new L/C in an amount sufficient to maintain such original amountNo/100 Dollars ($200,000.00).

Appears in 1 contract

Samples: Lease (Federal Signal Corp /De/)

Reduction of Security Deposit. Subject to the remaining terms of this Article 7, and provided that all of the following conditions are met: (i) Tenant has not been in default of its obligation to pay Yearly Rent and other charges due under this Lease during the twelve (12) month period immediately preceding the effective date of any potential reduction of the Security Deposit, and (ii) Tenant has not, during the twenty-four (24) month period immediately preceding the effective date of any potential reduction of the Security Deposit, been in default of any of its obligations under the Lease beyond any applicable notice and cure period, and (iii) Tenant has not, during the Term of the Lease, been in default of any of its obligations under the Lease beyond any applicable notice and cure period more than twice (“Reduction Conditions”), Tenant shall have the right to have reduce the amount of the Security Deposit reduced (as hereinafter provided) at any time if to the following amount on the following date: (i) Tenant has notFifty Thousand and 00/100 Dollars ($50,000.00) effective as of January 1, prior to the date of reduction2012, committed an Event of Default and (ii) either Twenty-Five Thousand and 00/100 Dollars (a$25,000.00) Tenant has completed an initial public offering raising net proceeds effective as of January 1, 2014. Any reduction in a minimum, aggregate amount of $50,000,000 or (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter defined). Tenant may request such reduction by a written request to Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions), Tenant’s Security Deposit shall be reduced accomplished as hereinafter provided. Following Landlord’s approvalfollows: (a) for a cash Security Deposit, Tenant shall deliver to Landlord request such reduction in a replacement clean, unconditional, irrevocable L/C in the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter the Security Deposit required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), which amount Landlord shall hold for the balance of the Term in accordance with this Section 4. Alternatively, Landlord and Tenant shall cooperate reasonably to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant written notice to Landlord, all as determined in accordance with generally accepted accounting principles and if Landlord determines that the Reduction Conditions have been met, Landlord shall provide a partial refund to Tenant promptly thereafter, and (GAAPb) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the for a Security Deposit is reducedin the form of a Letter of Credit, Tenant shall continue request such reduction in a written notice to provide quarterly financial statements to Landlord Landlord, and if Tenant fails to maintain Net Income Profitability for two consecutive quartersLandlord determines that the Reduction Conditions have been met, and Tenant has not completed the initial public offering described in clause (a) aboveLandlord shall so notify Tenant, then the Security Deposit shall promptly be increased to the original amount set forth in the Basic Lease Information and whereupon Tenant shall provide Landlord with a new L/C Substitute Letter of Credit in the reduced amount, or an amount sufficient amendment to maintain such original the Letter of Credit reducing it to the reduced amount.

Appears in 1 contract

Samples: Lease (Learning Tree International Inc)

Reduction of Security Deposit. Tenant shall have the right to have (a) The amount of the Security Deposit reduced shall decrease by One Hundred Twenty Thousand and 00/100 Dollars (as hereinafter provided$120,000.00) annually for five (5) years beginning with the sixth (6th) Lease Year, provided that a Default does not exist at such time and provided the Threshold Tests are satisfied by Tenant or its guarantor, if applicable, at the time of such determination. If any of the Threshold Tests are not met in any given year, the Security Deposit shall remain unchanged. (b) If at any time the Threshold Tests (defined below) have been satisfied and Tenant or its guarantor, if applicable, has received a rating equal to or better than: (i) Tenant has not, prior to NAIC 2 from the date National Association of reduction, committed an Event of Default and Insurance Commissioners or (ii) either BBB from Standard & Poor’s (aor its equivalent from another rating agency) (the “Threshold Rating”), then the requirement for Tenant has completed an initial public offering raising net proceeds in a minimum, aggregate amount to maintain the Security Deposit shall be terminated and the Letter of $50,000,000 or Credit shall be cancelled and promptly be returned by Landlord to Tenant (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter definedthe “Security Deposit Termination”). Notwithstanding the foregoing, if after a Security Deposit Termination has occurred, Tenant may request such reduction by a written request or its guarantor, as applicable, fails to Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied satisfy the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions)Threshold Test or the Threshold Rating, then Tenant’s Security Deposit obligation under this Section 33 shall be reduced as hereinafter provided. Following Landlord’s approvalreinstated and within thirty (30) calendar days of the rating downgrade or failure to satisfy the Threshold Test, Tenant shall deliver to Landlord a replacement clean, unconditional, irrevocable L/C Letter of Credit in an amount equal to the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter the Security Deposit previously required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00)the Lease, but taking into account any reductions under Section 33.04(a) above which amount Landlord shall hold for the balance of the Term in accordance with this Section 4would have been applicable. Alternatively, Landlord and Tenant shall cooperate reasonably pay any and all costs and expenses in connection with the issuance of a new Letter of Credit. (c) Except with respect to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit is reducedTermination, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly not be increased to the original amount set forth in the Basic Lease Information reduced below Three Hundred Thousand and Tenant shall provide a new L/C in an amount sufficient to maintain such original amountNo/100 Dollars ($300,000.00).

Appears in 1 contract

Samples: Lease (Federal Signal Corp /De/)

AutoNDA by SimpleDocs

Reduction of Security Deposit. (i) If as of each Reduction Date (hereinafter defined), (i) there is not then an uncured default by Tenant shall have of any monetary provision under this Lease and there has not been a Default (beyond any notice and cure periods expressly set forth in Section 16.01 hereof) by Tenant under this Lease at anytime during the right prior twelve (12) months, and (ii) Tenant is then current on its obligations hereunder to have deliver to Landlord its current financial statements, then the Security Deposit then required hereunder to be maintained by Tenant with Landlord shall be reduced by the Reduction Amount (hereinafter defined); provided, that in no event shall the Security Deposit be adjusted pursuant to this Section 17.07.G(i) to be less than an amount (the "Minimum Security Deposit") equal to one (1) full month's Base Rent and Adjustment Rent in effect as of the date of the last Reduction Date (hereinafter provideddefined) and the last Reduction Amount shall be adjusted accordingly. The first day of the second Lease Year, and the fist day of each of the next nine (9) Lease Years thereafter, shall each be a "Reduction Date." The Reduction Amount shall be equal to (a) the amount of the Security Deposit required to be deposited with Landlord pursuant to Section 1.01.F less the Minimum Security Deposit, divided by ten (10). (ii) Notwithstanding the foregoing, if as of the Sustained Profitability Date (hereinafter defined) (i) there has not been a Default (beyond any notice and cure periods expressly set forth in Section 16.01 hereof) by Tenant under this Lease at any time if anytime during the Term, and (ii) Tenant is then current on its obligations hereunder to deliver to Landlord its current financial statements, then the Security Deposit required to be maintained with Landlord hereunder shall be reduced to an amount equal to one (1) full month's Base Rent and Additional Rent in effect at such time. The "Sustained Profitability Date" shall mean the date on which Tenant hereafter first achieves Sustained Profitability (hereinafter defined). "Sustained Profitability" shall mean the satisfaction of the following conditions for each of three (3) consecutive full fiscal years of Tenant during the Term: (i) Tenant has nota fixed charge ratio of 3:1 (such fixed charge ratio being defined as the ratio of (a) Tenant's net income for before (i.e., prior without regard to) interest income, taxes and rent paid by Tenant in connection with the Leased Premises for each fiscal year, to (b) rent paid by Tenant in connection with the date of reductionLeased Premises for each such fiscal year), committed an Event of Default and (ii) either (a) Tenant has completed an initial public offering raising owners equity net proceeds in a minimumof unamortized intangibles and goodwill (i.e., aggregate amount total assets less total liabilities and less any unamortized intangible assets and any good will) as of $50,000,000 or (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter defined). Tenant may request the end of each such reduction by a written request fiscal year at least equal to Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions), Tenant’s Security Deposit shall be reduced as hereinafter provided. Following Landlord’s approval, Tenant shall deliver to Landlord a replacement clean, unconditional, irrevocable L/C in the amount of One Hundred SixtyThirty-Six Thousand Fifty-Six five Million Dollars ($166,056.0035,000,000.00), whereupon Landlord shall return and (iii) the previously retained L/C current assets to Tenant and thereafter the Security Deposit required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), which amount Landlord shall hold for the balance current liabilities ratio as of the Term in accordance with this Section 4. Alternatively, Landlord and Tenant shall cooperate reasonably to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars end of each such fiscal year is greater than 2.5:1 ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated i.e. current assets divided by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit current liabilities is reduced, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly be increased to the original amount set forth in the Basic Lease Information and Tenant shall provide a new L/C in an amount sufficient to maintain such original amountgreater than 2.

Appears in 1 contract

Samples: Office Lease Agreement (Opnet Technologies Inc)

Reduction of Security Deposit. Provided that the Security Deposit Reduction Conditions (defined below) have been met as of each respective Reduction Date (defined below), on the first anniversary and the second anniversary of the Commencement Date during the initial Lease Term (each such anniversary, a “Reduction Date”), Tenant shall have the right to have reduce the Security Deposit by an amount equal to $311,250.00 (the “Reduction Amount”) so that the new amount of the Security Deposit(as reduced hereby) shall be: (a) $311,250.00 after of the first Reduction Date; and (b) $0.00 following the second Reduction Date.. Any reduction of the Security Deposit shall only occur upon Landlord’s confirmation that the Security Deposit Reduction Conditions have been met as hereinafter providedof the respective Reduction Date and Landlord shall return the Reduction Amount then held by Landlord to Tenant within thirty (30) days of the Reduction Date. Further, if at any time if during the Term of the Lease, Tenant provides written notice (accompanied by documentation) (“Tenant’s IPO/Sale Notice”) to Landlord that either (i) Tenant has notbecome a publicly traded entity with a market capitalization equal to One Billion Dollars ($1,000,000,000.00); or (ii) Tenant has been sold to a third party or entity for a value greater than One Billion Dollars ($1,000,000,000.00), prior then, provided that the Security Deposit Reduction Conditions are met and Tenant is entitled to a return of the Security Deposit (if any is then held by Landlord), the Security Deposit shall no longer be required to be maintained by Tenant pursuant to the date Lease, and Landlord shall return the Security Deposit then held by Landlord to Tenant within thirty (30) days following Landlord’s receipt of reductionTenant’s IPO/Sale Notice. As used herein, committed an the “Security Deposit Reduction Conditions” shall mean that (i) no Event of Default on the part of Tenant then exists and (ii) either no Event of Default has existed during the immediately preceding twelve (a12) Tenant has completed an initial public offering raising net proceeds in a minimum, aggregate amount month period remains uncured and (iii) no notice of $50,000,000 or (b) Tenant has achieved and maintained Net Income Profitability (as hereinafter defined). Tenant may request such reduction by a written request to default from Landlord furnishing Landlord with satisfactory evidence and documentation that it has satisfied the conditions set forth above. Upon Landlord’s review and reasonable approval of such documentation (including such additional documentation as Landlord shall reasonably request to confirm satisfaction of such conditions), Tenant’s Security Deposit shall be reduced as hereinafter provided. Following Landlord’s approval, Tenant shall deliver to Landlord a replacement clean, unconditional, irrevocable L/C in the amount of One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), whereupon Landlord shall return the previously retained L/C to Tenant and thereafter the Security Deposit required under this Lease shall be reduced to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00), which amount Landlord shall hold for the balance of the Term in accordance with this Section 4. Alternatively, Landlord and Tenant shall cooperate reasonably to amend the then-existing L/C to reduce the amount thereof to One Hundred Sixty-Six Thousand Fifty-Six Dollars ($166,056.00). For purposes of this paragraph 4.2, “Net Income Profitability” shall mean that Tenant shall have achieved net profitability (i.e., revenues exceeding expenses) for at least a six month consecutive period, as demonstrated by audited financial statements provided by Tenant to Landlord, all as determined in accordance with generally accepted accounting principles (GAAP) and as reviewed and approved by Landlord in its reasonable discretion. Notwithstanding the foregoing, if Tenant achieves Net Income Profitability and the Security Deposit is reduced, Tenant shall continue to provide quarterly financial statements to Landlord and if Tenant fails to maintain Net Income Profitability for two consecutive quarters, and Tenant has not completed the initial public offering described in clause (a) above, then the Security Deposit shall promptly be increased to the original amount set forth in the Basic Lease Information and Tenant shall provide a new L/C in an amount sufficient to maintain such original amountcurrently outstanding.

Appears in 1 contract

Samples: Lease Agreement (UserTesting, Inc.)

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!