Rent and Security Deposits. At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing.
Rent and Security Deposits. Rent for the month of , and any month after, Closing collected by Contributor prior to Closing shall be apportioned as of the Closing Date. If any tenant is in arrears in the payment of rent on the Closing Date, rents received from such tenant after the Closing shall be applied in the following order of priority: (a) first to the payment of current rent then due; (b) second, to delinquent rent for any period after the Closing Date; and (c) third to delinquent rent for any period prior to the Closing Date. FWRLP shall either use reasonable efforts to collect (at no cost to FWRLP), or if Contributor so elects shall assign to Contributor the right to collect, arrearages in rents and Additional Rents due from tenants as of the Closing Date. If rents or any portion thereof received by Contributor or FWRLP after the Closing Date are payable to the other party by reason of this allocation, the appropriate sum, less a proportionate share of any reasonable attorneys' fee, costs and expenses of collection thereof, shall be promptly paid to the other party, which obligation shall survive the Closing. If any tenants are required to pay percentage rents, escalation charges for real estate taxes, operating expenses, cost-of-living adjustments or other charges of a similar nature ("Additional Rents") and any Additional Rents are collected by FWRLP after the Closing which are attributable in whole or in part to any period prior to the Closing, then FWRLP shall promptly pay to Contributor its proportionate share thereof, less a proportionate share of any reasonable attorneys' fees, costs and expenses of collection thereof, and deliver to Contributor a statement therefor, if and when the tenant paying the same has made all payments of rents and Additional Rent then due to FWRLP pursuant to the tenant's Lease, which obligation shall survive the Closing. Upon written request of Contributor, FWRLP shall provide Contributor with the then current periodic report of the status of collection of such Additional Rents from such tenants. FWRLP shall be credited at Closing with all security deposits of tenants of the Property.
Rent and Security Deposits. Rent shall be prorated at the Closing in accordance with the following provisions:
Rent and Security Deposits. Subject to the provisions of Section 5.4.2(h), all fixed and additional rentals under the Leases, security deposits (except as hereinafter provided), and other tenant charges. Each Seller shall deliver or provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by tenants under the Leases and are not applied or forfeited prior to the Closing) to Buyer on the Closing Date. A list of the unapplied tenant security deposits under the Leases as of the Effective Date is set forth on Schedule 5.4.1(b). Rents with respect to Non-Buyer Leases that are delinquent (or payable but unpaid) as of the Closing Date shall not be prorated on the Closing Date. Rather, Buyer shall cause any such delinquent rent (or payable but unpaid rent) for Non-Buyer Leases for the period prior to Closing to be remitted to the applicable Seller if, as, and when collected. The applicable Seller shall receive a credit in the amount of any delinquent rent (or payable but unpaid rent) due as of the Closing Date under any Leases with the Buyer or its affiliates. At Closing, each Seller shall deliver to Buyer a schedule of all such delinquent or payable but unpaid rent. Additionally, there shall be no proration of any rent that a tenant under a Non-Buyer Lease delivers to either Buyer or a Seller and that such tenant has identified, at the time of such delivery, as constituting payment or rent due for a month or other period prior to the month in which the Closing occurs (“Identified Pre-Closing Rent”). If Buyer receives any such Identified Pre-Closing Rent, Buyer shall cause such Identified Pre-Closing Rent to be remitted to the applicable Seller if, as, and when collected. Until the date that is twelve (12) months after the Closing, Buyer shall include such delinquencies (or unpaid amounts) in its normal billing and shall pursue the collection thereof in good faith after the Closing Date (but Buyer shall not be required to litigate or declare a default under any Lease or pursue any other action or remedy in connection with the recovery from tenants of such delinquencies or other unpaid amounts). To the extent Buyer receives payment of rents (or income in connection with other tenant charges) on or after the Closing Date other than Identified Pre-Closing Rent, such payments shall be applied first toward any rent (or other tenant charge) for the month in which the Closing occurs ...
Rent and Security Deposits. All fixed and additional rentals under the Leases, security deposits (except as hereinafter provided), and other tenant charges. Seller shall deliver or provide a credit in an amount equal to all prepaid rentals for periods after the Closing Date and all refundable cash security deposits (to the extent the foregoing were made by tenants under the Leases and are not applied or forfeited prior to the Closing) to Buyer on the Closing Date. A list of the unapplied tenant security deposits under the Leases as of the Effective Date is set forth on Schedule 5.3.1
Rent and Security Deposits. The Project Entities shall -------------------------- be entitled to all rents [including any additional rent and any accrued tax and operating expense reimbursements, subject to clause (ii) below], charges, and other revenue of any kind attributable to any period under the Leases or otherwise up to but not including the Closing Date. The Partnership shall be entitled to all rents [including any additional rent and any accrued tax and operating expense reimbursements, subject to clause (ii) below], charges and other revenue of any kind attributable to any period under the Leases or otherwise on and after the Closing Date. Rents and expense escalations or other reimbursements due the Project Entities under the Leases collected prior to the Closing Date and attributable to both the Project Entity's and the Partnership's periods of ownership shall be prorated as of the Closing Date. Uncollected rents and expense escalations or other reimbursements due the Project Entities under the Leases shall not be prorated at the time of contribution, but the Partnership shall include such amounts in its monthly billing statements to the Tenants, make reasonable efforts to collect the same and tender the same to the appropriate X.X. Xxxxxxx, as agent for the Contributors, upon receipt, provided that all rents, escalations and other reimbursements due the Project Entities under the Leases collected by the Partnership on or after the Closing Date shall be prorated as of the Closing Date and shall first be applied to all amounts due under the Leases at the time of collection (i.e., current rents, delinquent rents attributable to periods after Closing and sums
