Common use of Reduction or Replacement Clause in Contracts

Reduction or Replacement. So long as Tenant has not committed any default under this Lease, which default is continuing after notice from Landlord and the expiration of any applicable grace period provided for in this Lease, then (a) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of two (2) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to six (6) installments of the then-current amount of Monthly Rent; (b) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of three (3) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to four (4) installments of the then-current amount of Monthly Rent; and (c) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of four (4) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to two (2) installments of the then-current amount of Monthly Rent; provided, however, that in no event shall Tenant be entitled to reduce the Security Deposit below an amount equal to two (2) installments of the then-current amount of Monthly Rent. For the purposes of this PARAGRAPH 7, in order for Tenant to demonstrate that it has maintained the required Fixed Charge Ratio for the fiscal year or years in question, Tenant must at a minimum deliver to Landlord an audited financial statement of Tenant, showing that Tenant has maintained the required Fixed Charge Ratio for the fiscal year or years in question. If Tenant is entitled to and does elect to reduce the amount of the Security Deposit pursuant to this PARAGRAPH

Reduction or Replacement. So long as Tenant has not committed any default under this Lease, which default is continuing after notice from Landlord and the expiration of any applicable grace period provided for in this Lease, then (a) as of each of the second (2nd) anniversary of the Lease Commencement Date and the fourth (4th) anniversary of the Lease Commencement Date, Tenant may reduce the Security Deposit in the amount of One Hundred Twenty-Four Thousand Three Hundred Eighty-Four and 50/100 Dollars ($124,384.50) on each such anniversary date; or (b) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 is profitable for a period of two eight (2) 8) consecutive fiscal years at any time quarters commencing after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to six (6) installments of the then-current amount of Monthly Rent; (b) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of three (3) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to four (4) installments of the then-current amount of Monthly Rent; and (c) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of four (4) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to two (2) installments of the then-current amount of initial Monthly Rent; provided. For the purposes of this PARAGRAPH 7, howeverin order for Tenant to demonstrate that it has been profitable for the calendar quarter in question, Tenant must at a minimum deliver to Landlord an audited financial statement of Tenant, showing that Tenant has earned a net profit for each calendar quarter in question. In no event shall Tenant be entitled to reduce the Security Deposit below an amount equal to two (2) installments of the then-current amount of initial Monthly Rent. For the purposes of this PARAGRAPH 7, in order for Tenant to demonstrate that it has maintained the required Fixed Charge Ratio for the fiscal year or years in question, Tenant must at a minimum deliver to Landlord an audited financial statement of Tenant, showing that Tenant has maintained the required Fixed Charge Ratio for the fiscal year or years in question. If Tenant is entitled to and does elect to reduce the amount of the Security Deposit pursuant to this PARAGRAPHPARAGRAPH 7.A.(I), and Tenant delivers to Landlord written notice of its election to so reduce the amount of the Security Deposit and the financial statements described in the foregoing paragraph, then if the Security Deposit is in the form of cash, Landlord shall pay to Tenant the excess amount of the Security Deposit, without interest, within thirty (30) days after Landlord's receipt of such notice and statements; or if the Security Deposit is in the form of an L-C, then Tenant may, not less than ten (10) days after Landlord's receipt of such notice and statement, replace the L-C with an L-C in an amount equal to the reduced amount of the Security Deposit.

Reduction or Replacement. So long as Tenant has not committed any default under this Lease, which default is continuing after notice from Landlord and the expiration of any applicable grace period provided for in this Lease, then (a) as of each of the second (2nd) anniversary of the Lease Commencement Date and the fourth (4th) anniversary of the Lease Commencement Date, Tenant may reduce the Security Deposit in the amount of One Hundred Twenty-Four Thousand Three Hundred Eighty-Four and 50/100 Dollars ($124,384.50) on each such anniversary date; or (b) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 is profitable for a period of two eight (2) 8) consecutive fiscal years at any time quarters commencing after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to six (6) installments of the then-current amount of Monthly Rent; (b) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of three (3) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to four (4) installments of the then-current amount of Monthly Rent; and (c) if Tenant can demonstrate to the reasonable satisfaction of Landlord that Tenant has maintained a Fixed Charge Ratio of at least 1.15 to 1 for a period of four (4) consecutive fiscal years at any time after the Commencement Date, then Tenant may elect to reduce the Security Deposit to a sum equal to two (2) installments of the then-current amount of initial Monthly Rent; provided. For the purposes of this PARAGRAPH 7, howeverin order for Tenant to demonstrate that it has been profitable for the calendar quarter in question, Tenant must at a minimum deliver to Landlord an audited financial statement of Tenant, showing that Tenant has earned a net profit for each calendar quarter in question. In no event shall Tenant be entitled to reduce the Security Deposit below an amount equal to two (2) installments of the then-current amount of initial Monthly Rent. For the purposes of this PARAGRAPH 7, in order for Tenant to demonstrate that it has maintained the required Fixed Charge Ratio for the fiscal year or years in question, Tenant must at a minimum deliver to Landlord an audited financial statement of Tenant, showing that Tenant has maintained the required Fixed Charge Ratio for the fiscal year or years in question. Rent If Tenant is entitled to and does elect to reduce the amount of the Security Deposit pursuant to this PARAGRAPHPARAGRAPH 7.A. (i), and Tenant delivers to Landlord written notice of its election to so reduce the amount of the Security Deposit and the financial statements described in the foregoing paragraph, then if the Security Deposit is in the form of cash, Landlord shall pay to Tenant the excess amount of the Security Deposit, without interest, within thirty (30) days after Landlord's receipt of such notice and statements; or if the Security Deposit is in the form of an L-C, then Tenant may, not less than ten (10) days after Landlord's receipt of such notice and statement, replace the L-C with an L-C in an amount equal to the reduced amount of the Security Deposit.