Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. Each Lessee shall pay any and all Supplemental Rent to (i) the Collateral Agent or the Lease Agent (as specified in Section 3.6), for the benefit of the Person entitled thereto (if the Person entitled to such Supplemental Rent is a Secured Party) or (ii) directly to the Person entitled thereto any and all Supplemental Rent when and (if such Person is not a Secured Party), promptly as the same shall become due and payable, and if such Lessee fails to pay any Supplemental Rent within five (5) Business Days after Rent, the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent (Interest/Yield). Receipt of such amount by the Collateral Agent or the Lease Agent, as applicable, shall be deemed to be receipt by the Person entitled thereto, whereupon the Lessees shall be relieved of their obligation to make any further payments to such Person with respect to such amount of Supplemental Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Each Lessee shall pay to the appropriate PersonCollateral Agent (or the Lease Agent, if applicable), as Supplemental Rent due and owing to such PersonRent, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements extent permitted by any Person to any Financing Party or any other Personapplicable Requirements of Law, (b) interest at the applicable Overdue Rate on any installment of Basic Rent (Interest/Yield) not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded (other than Supplemental Rent payments due with respect to Sections 13.7, 13.8, 13.9 and 13.10 of the Participation Agreement which are due within five (5) days of demand by the appropriate Person (subject to any applicable grace period) Collateral Agent or the Lease Agent, as applicable), for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard theretopaid. The expiration or other termination of such Lessee’s 's obligations to pay Basic Rent (Interest/Yield) hereunder shall not limit or modify the obligations of such Lessee with respect to indemnity obligations payable as Supplemental Rent. Unless expressly provided otherwise in this Master Lease, in the event of any failure on the part of such Lessee to pay and discharge any Supplemental Rent as and when due, such Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added under any agreement with a third party for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Samples: Master Lease, Open End Mortgage and Purchase Option (Multicare Companies Inc)
Supplemental Rent. The Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as Lessor during the same shall become due and payableLease Term, and if Lessee fails to pay any Supplemental Rent within five or (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent Excepted Rights and Payments) to whoever shall be entitled thereto, as supplemental rent ("Supplemental Rent"), the following amounts:
(i) if and when due, any amount payable hereunder as Casualty Value, Termination Value or EBO Price; and
(ii) when due, amounts payable by the Lessor in respect of Make-Whole Amount (other than any Make-Whole Amount payable pursuant to Section 7.4(b) of the full amount thereof, without set-off, deduction Indenture) and any other amounts (other than principal and interest) payable on the Facility Notes or reduction. Lessee shall pay under the Indenture except to the appropriate Personextent such amounts are payable as a result of (x) an Indenture Event of Default that is not also an Event of Default, as Supplemental Rent or (y) a refinancing of the Facility Notes not made at the Lessee's request unless such refinancing results from an Event of Default; and
(iii) when due, or when no due and owing to such Person, among other thingsdate is specified, on demand, any amount (a) any and all payment obligations (except for amounts payable as other than Basic Rent, Casualty Value, Termination Value or EBO Price) owing from time that the Lessee is required to time under pay to the Operative Agreements by Lessor (or any co-trustee or separate trustee appointed pursuant to the Trust Agreement), the Owner Participant, the Indenture Trustee (or any note registrar, paying agent, co-trustee or additional trustee appointed pursuant to the Indenture), any Loan Participant, any Indemnified Person and any Related Party to any Financing Party Indemnified Person, under this Lease or any other PersonTransaction Document to which the Lessee is a party;
(iv) on demand to the extent permitted by Applicable Law, interest on (bA) interest at the Overdue Rate on any installment of Basic Rent not paid when due and (subject to the grace period for payments of Basic RentB) for the period for which the same shall be overdue and on any payment of Supplemental other Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period due, in each case from and including the due date or thereof to but excluding the date of payment thereof (unless payment is made after 12:00 noon, local time at the place of receipt, in which event such date of payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (cincluded) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay at a rate per annum equal to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and Default Rate; and
(v) when due, any other amounts, liabilities and obligations other than Basic Rent which the Lessee shall also promptly has assumed or is otherwise obligated to pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which under this Lease shall terminate with respect to the Property during the Termor any other Transaction Document.
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Supplemental Rent. Lessee shall pay to Agent for distribution to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five three (53) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic RentRent and as otherwise provided in the Operative Agreements) owing from time to time under the Operative Agreements Agreements, the Bond Loan Documents or the Bond Documents by any Person to the Agent, the Trustee, the Bond Trustee, any Financing Party Lender, any Holder or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Samples: Lease Agreement (Acxiom Corp)
Supplemental Rent. The Lessee shall pay the following amounts(herein referred to as Supplemental Rent):
(i) when due or, where no due date is specified, on demand, any amount (other than Basic Rent, Casualty Value, Termination Value and Special Casualty Value) which the Lessee assumes the obligation to pay or agrees to pay to the Person entitled thereto Lessor, the Owner Participant, the Indenture Trustee, the Collateral Trust Trustee or any Indemnitee under this Facility Lease, any other Transaction Document or the Collateral Trust Indenture, any amount which is to be paid under Section 6.9, 7.6 or 8.7 of the Indenture and all any amount that the Lessee is required to pay, or provide for the payment of, under Section 8.5 of the Indenture;
(ii) when due, any amount payable hereunder as Casualty Value, Termination Value or Special Casualty Value, and an amount equal to any premium or prepayment penalty with respect to the Notes;
(iii) on demand and in any event on the Basic Rent Payment Date next succeeding the date such amounts shall be due and payable hereunder, to the extent permitted by Applicable Law, interest (computed on the same basis as interest on the Notes is computed) at a rate per annum equal to (A) the Overdue Interest Rate, on that portion of the payment of Basic Rent or Supplemental Rent distributable pursuant to clause "first" of Section 5.1 or clause "second" of Section 5.3 of the Indenture (determined prior to the computation of interest on overdue payments referred to in such clauses), and (B) the Penalty Rate, on the balance of any such payment of Basic Rent or Supplemental Rent (including, in the case of both clause (i) and clause (ii) above, but without limitation, to the extent permitted by Applicable Law, interest payable pursuant to this clause (iii)) not paid when and as due (without regard to any period of grace) for any period for which the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, be overdue. The Lessor shall have all rights, powers and remedies provided for herein or by law or in this Facility Lease, at law, in equity or otherwise otherwise, in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without setnon-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. The Lessee shall pay to the Person Lessor, or to whomever shall be entitled thereto any and all thereto, as supplemental rent (herein referred to as "Supplemental Rent Rent"), the following amounts:
(i) when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rightsany amount payable hereunder as Stipulated Loss Value; and
(ii) when due, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent if no due and owing to such Person, among other thingsdate is specified, on demand, and on an After-Tax Basis (a) except with respect to payments of interest and fees made in respect of the LOC Reimbursement Obligations, which shall not be on an After-Tax Basis), any and all payment obligations amounts, liabilities and obligations, other than Basic Rent, Stipulated Loss Value and the Supplemental Rent referred to in the other clauses of this Section 3(b), which the Lessee assumes or agrees to pay hereunder, under the Participation Agreement, the Collateral Security Documents or the other Financing Documents to the Lessor, the Security Agent, any Loan Participant, the Indenture Trustee, the Administrative Agent, the Owner Participant or others, including without limitation any amounts constituting LOC Reimbursement Obligations;
(except for iii) when due, or if no due date is specified, on demand, all amounts required to be paid by the Lessee under the Tax Indemnity Agreement;
(iv) when due, (A) an amount equal to the Partnership's Pro Rata Share (or the full amount if payable as a result of a Lease Event of Default) of the amounts due as Breakage Costs on the Loan Certificates pursuant to the Indenture, (B) an amount equal to the Partnership's Pro Rata Share of amounts payable as under Section 2.12 of the Indenture and (C) amounts payable ("Swap Breakage Costs") to the Interest Hedging Counterparty in connection with an early termination of the Interest Hedging Agreement (but only if such termination is a result of a Lease Event of Default, an Event of Loss pursuant to which the Lessee does not elect to rebuild the Facility (but only to the extent of available insurance proceeds after payment of all amounts due to Lessor pursuant to Section 9(c) hereof) or an Event of Regulation (excluding any Special QF Loss Event); and
(v) on demand and, in any event, no later than the Basic Rent) owing from time Rent Payment Date next succeeding the date such amounts shall be due and payable hereunder, to time under the Operative Agreements extent permitted by any Person to any Financing Party or any other PersonApplicable Law, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject at a rate per annum equal to the grace period for payments of Basic Rent) for Overdue Rate (calculated on the same basis as the Loan Certificates and with respect to the period for which when the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) overdue), for the period from the commencing on such due date or the date such payment becomes due and owing following any such demand(or, as in the case may beof any payment with respect to an indemnity, when payment is made by the Indemnitee of the related liability) until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Termpaid.
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Supplemental Rent. Lessee shall pay Subject to Section 5.7, all payments of Supplemental Rent received by any Agent Bank (excluding any amounts payable pursuant to the Person preceding provisions of this Section 5) shall be distributed promptly by Agent Bank upon receipt thereof to the Persons entitled thereto any pursuant to the Operative Documents. In the event that a Lease Event of Default has occurred and all Supplemental Rent when and as is continuing, relieving the same shall become due and payable, and if Lessee fails Lenders of their obligation to pay any Supplemental Rent within five make Liquidity Loans or (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment a Material Lease Event of Basic Rent. All Default) Residual Loans pursuant to the Liquidity Agreement, unless, upon electing not to make such payments Loans, the Agent Bank has immediately demanded payment of Supplemental Rent the Lease Balance from the Lessee pursuant to the Lease and, in the event such amount is not immediately repaid, immediately demanded payment of such amount from the Guarantor pursuant to the Guaranty, the Facility Lender, acting through the Issuing and Payment Agent, shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay entitled to receive and to apply to the appropriate PersonCommercial Paper Notes in order of maturity, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject an amount equal to the grace period for payments sum of Basic Rent(i) for the period for which mandatory prepayment of the same shall Notes required by Section 2.4 of Loan Agreement, such amount to be overdue and on any funded by a payment of Supplemental Rent not paid when due pursuant to the Lease, and (upon payment of such amount by Lessee or demanded the Guarantor) the Lease Balance shall be reduced by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following amount of any such demandpayment, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of plus any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify owed by the obligations of Lessee with respect to Supplemental Rentthe Interest Component of the maturing Commercial Paper Notes giving rise to such mandatory prepayment. Unless expressly provided otherwise In the event that the Lessee does not fund such amount, the Facility Lender, acting through the Administrative Agent, shall be entitled to make an immediate demand therefor in this Leaseaccordance with the terms of Section 7 of the Guaranty. In addition, in the event of any failure on voluntary prepayment of the part principal amount of Lessee the Loans pursuant to pay and discharge any Supplemental Rent as and when dueSection 2.4 of the Loan Agreement, Lessee which amounts are applied to repay the principal of Liquidity Loans or Commercial Paper Notes, the Lease Balance shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late reduced by the amount of such payment to the extent funded by the payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. The Lessee shall pay the following amounts (herein referred to as Supplemental Rent):
(i) when due or, where no due date is specified, on demand, any amount (other than Basic Rent, Casualty Value, Termination Value and Special Casualty Value) which the Lessee assumes the obligation to pay or agrees to pay to the Person entitled thereto Lessor, the Owner Participant, the indenture Trustee, the Collateral Trust Trustee or any Indemnitee under this Facility Lease, any other Transaction Document or the Collateral Trust indenture, any amount which is to be paid under Section E.9,.7.E or 9.7 of the Indenture and all any amount that the Lessee is required to pay, or provide for the payment of, under Section 8.5 of the Indenture:
(ii) when due, any amount payable hereunder as Casualty Value, Termination Value or Special Casualty Value, and an amount equal to any premium or prepayment penalty with respect to the Notes;
(iii) on demand and in any event on the Basic Rent Payment Date next succeeding the date such amounts shall be due and payable hereunder, to the extent permitted by Applicable Law, interest (computed on the same basis as interest on the Notes is computed) at a rate per annum equal to (A) the Overdue interest Rate, on that portion of the payment of Basic Rent or Supplemental Rent distributable pursuant to clause first" of Section 5.1 or clause "second" of Section 5.3 of the indenture (determined prior to the computation of interest on overdue payments referred to in such clauses) , and CS) the Penalty Rate, on the balance of any such payment of Basic Rent or Supplemental Rent (including, in the case of both clause (i) and clause (ii) above, but without limitation, to the extent permitted by Applicable Law, interest payable pursuant to this clause (iii)) not paid when and as due (without regard to any period of grace) for any period for which the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, be overdue.
LEASE.47:1 The Lessor shall have all rights, powers and remedies provided for herein or by law or tar in this Facility Lease, at law, in equity or otherwise otherwise, in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without setnon-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. Lessee In addition to Annual Rent described above, the Tenant shall be obligated to pay (but only during the period of April 1, 1998, to March 31, 1999) as supplemental rent for the Occupied Premises, an amount per annum equal to the Person entitled thereto any and all Supplemental Rent when and as difference between (i) $17.50 per rentable square foot multiplied by that portion of the same shall become due and payablerentable square footage of the Vacant Premises that is in fact leased by the Landlord for such period, and if Lessee fails to pay any Supplemental Rent within five (5ii) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided stated annual rent for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time period under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded each replacement lease entered into by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate Landlord with respect to the Property during Vacant Premises (hereinafter referred to as a "Replacement Lease") (such sum being hereinafter referred to as "Supplemental Rent"). In no event shall the Termstated annual rent under such a Replacement Lease be less than $14.50 per rentable square foot without the Tenant's consent, which consent shall be either granted or denied within two (2) business days following the Tenant's receipt of written notice to Tenant of such a proposed rental rate. If the Tenant does not consent to such Replacement Lease, the Landlord may nevertheless enter into such Replacement Lease but the Tenant shall not be liable for the difference between (i) $14.50 per rentable square foot, and (ii) the stated annual rent per rentable square foot under the Replacement Lease. Failure of the Tenant to respond in writing to such a proposed rental rate shall be deemed to be consent to such a lower rental rate for any particular proposed Replacement Lease. The Tenant, however, shall not be otherwise liable to pay any sum with respect to rentable square footage of the Vacant Premises that has not been leased for such period. Such analysis shall be done on a lease-by-lease basis. By way of example, if the Landlord enters into two leases with respect to the 48,000 rentable square feet in the Vacant Premises, one for 10,000 square feet at $16.50 per rentable square foot, and a second for 20,000 rentable square feet at $18.00 per rentable square foot, the Tenant would owe the following sums under this provision: $0.00 for any unleased space in the Vacant Premises (48,000 - 30,000 = 18,000). $0.00 for the 20,000 rentable square feet leased at $18.00 per rentable square foot. $10,000 for the 10,000 rentable square feet leased at $16.50 per rentable square foot (10,000 x $1.00, the difference between $17.50 and $16.50). Such sums shall only be due for Vacant Space in fact leased by the Landlord, for which the rental term has commenced, but without regard to whether the replacement tenant is in occupancy. Supplemental Rent due under the foregoing provisions shall be calculated each month by the Landlord and shall be payable in arrears on the first day of each month by the Tenant. If a Replacement Lease term commences on a day other than the first day of a month, the amount of Supplemental Rent for such lease shall be prorated on the basis of the number of days for which the Replacement Lease was effective.
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Supplemental Rent. Lessee shall also agrees to pay to the Person Lessor, or to whomsoever shall be entitled thereto thereto, any and all Supplemental Rent when and promptly as the same shall become due and payableowing, and if in the event of any failure on the part of Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is dueRent, Lessor shall have all rights, powers and remedies provided for herein or by law or in equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereofIn addition, without set-off, deduction or reduction. Lessee shall will pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, (i) on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time an amount equal to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any part of any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the any period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and paid, (cii) any amounts referenced payable by the Owner Trustee under Section 2.14 of the Indenture, (iii) any additional amounts payable by Lessor on the Equipment Notes as Supplemental Rent obligations a result of an increase in the Debt Rate pursuant to Section 8.3 2(d) of the Participation Registration Rights Agreement. It shall be an additional Supplemental Rent obligation , (iv) in the case of Lessee any redemption of Notes pursuant to pay Section 2.07(b) of the Indenture, the Make-Whole Amount, if any, payable pursuant to Section 2.07(b) of the Indenture; provided that notwithstanding anything to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of contrary set forth in any notice from Lessor with regard Operative Document or any document or instrument relating thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge have no responsibility or liability for any fineamounts payable to the Loan Trustee or the Subordination Agent in respect of (x) Make-Whole Amount, penaltyif any, interest payable thereon as a AA-EETC 2001 Lease 2 result of a redemption or cost which may be assessed purchase of the Notes pursuant to Section 2.08 or added for nonpayment 2.10 of the Indenture or late payment of such Supplemental Rent, all of which shall (y) an Indenture Default that does not also constitute Supplemental Renta Lease Default or a Lease Event of Default. Lessee shall pay all outstanding or accrued All Supplemental Rent on any date on which to be paid pursuant to this Lease Section 3(c) shall terminate with respect to be payable in the Property during type of funds and in the Termmanner set forth in Section 3(d).
Appears in 1 contract
Supplemental Rent. Lessee shall also agrees to pay to the Person Lessor, or ----------------- to whomsoever shall be entitled thereto thereto, any and all Supplemental Rent when and Rent, promptly as the same shall become due and payableowing, or where no due date is specified, promptly after demand by the Person entitled thereto, and if in the event of any failure on the part of Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is dueRent, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise as in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay to the appropriate Personwill also pay, as Supplemental Rent due and owing to such PersonRent, among other things, (i) on demand, (a) to the extent permitted by applicable law, an amount equal to Late Payment Interest on any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on part of any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the any period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demanddemanded, as the case may be, for the period from such due date or demand until the same shall be paid and paid, (cii) amounts referenced as Supplemental Rent obligations in the case of the termination of this Lease with respect to any Unit pursuant to Section 8.3 10, on the applicable Termination Date, an amount equal to the Make-Whole Amount, if any, with respect to the principal amount of each Equipment Note to be prepaid as a result of such termination and any Late Payment Interest, (iii) in the case of the purchase of any Unit pursuant to Section 22.1 or Section 6.9 of the Participation Agreement. It shall be , on such date of purchase, an additional Supplemental Rent obligation of Lessee to pay amount equal to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this LeaseMake-Whole Amount, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when dueif any, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during principal amount of each Equipment Note to be prepaid as a result of such purchase and any Late Payment Interest, (iv) an amount equal to any other amount payable by Lessor on the TermEquipment Notes in excess of the principal and interest payments due thereunder, as and when such amount shall be due and payable, in accordance with the terms of the Equipment Notes and the Indenture, and (v) in the case of any refinancing of the Equipment Notes pursuant to Section 10.2 of the Participation Agreement, on the Refunding Date, an amount equal to the Make-Whole Amount, if any, with respect to the aggregate principal amount of the Equipment Notes being prepaid and any Late Payment Interest. All Supplemental Rent to be paid pursuant to this Section 3.3 shall be payable in the type of funds and in the manner set forth in Section 3.5.
Appears in 1 contract
Samples: Equipment Lease Agreement (General American Railcar Corp Ii)
Supplemental Rent. The Lessee shall pay the following amounts (herein referred to as Supplemental Rent):
(i) when due or, where no due date is specified, on demand, any amount (other than Basic Rent, Casualty Value, Termination Value and Special Casualty Value) which the Lessee assumes the obligation to pay or agrees to pay to the Person entitled thereto Lessor, the Owner Participant, the Indenture Trustee, the Collateral Trust Trustee or any Indemnitee under this Facility Lease, any other Transaction Document or the Collateral Trust Indenture and all any amount which the Lessor is obligated to pay under Section 6.9, 7.6 or 8.7 of the Indenture;
(ii) when due any amount payable hereunder as Casualty Value, Termination Value or Special Casualty Value, and any premium or prepayment penalty with respect to the Notes;
(iii) on demand and in any event on the Basic Rent Payment Date next succeeding the date such amounts shall be due and payable hereunder, to the extent permitted by Applicable Law, interest (computed on the same basis as interest on the Notes is computed) at a rate per annum equal to (A) the Overdue Interest Rate, on that portion of the payment of Basic Rent or Supplemental Rent when and as distributable pursuant to clause "first" of Section 5.1 or clause "second" of Section 5.3 of the same shall become due and payableIndenture (determined prior to the computation of interest on overdue payments referred to in such clauses), and if Lessee fails to pay (B) the Penalty Rate, on the balance of any such payment of Basic Rent or Supplemental Rent within five (5) Business Days after the same is dueincluding, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereofboth clause (i) and clause (ii) above, but without set-offlimitation, deduction or reduction. Lessee shall pay to the appropriate Personextent permitted by Applicable Law, as Supplemental Rent due and owing interest payable pursuant to such Person, among other things, on demand, this clause (aiii)) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject without regard to the grace any period for payments of Basic Rentgrace) for the any period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Termoverdue.
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Supplemental Rent. The Lessee shall pay the following amounts as supplemental rent (SUPPLEMENTAL RENT):
(1) on demand, any amount (other than Basic Rent, Casualty Value, Special Casualty Value and Early Purchase Value) which the Lessee assumes the obligation to pay, or agrees to pay, under this Lease (including each Lease Supplement) or any other Transaction Document;
(2) on the date herein provided, any amount, or the sum of any amounts, payable hereunder (including each Lease Supplement) as Casualty Value, Special Casualty Value or Early Purchase Value; and
(3) on demand and in any event on the next succeeding Basic Rent Payment Date, to the Person entitled thereto extent permitted by applicable law, interest (computed on the basis of a 360-day year of twelve 30-day months) at a rate per annum equal to (i) the Overdue Interest Rate, on that portion of any payment of Basic Rent or Supplemental Rent distributable pursuant to clause "FIRST" of Section 5.1 or clause "SECOND" of Section 5.3 of the Indenture (determined prior to the computation of interest on overdue payments referred to in such clauses), and all (ii) 2% over the Prime Rate, on the balance of any such payment of Basic Rent or Supplemental Rent (including, in the case of both clause (i) and clause (ii) above, but without limitation, to the extent permitted by law, interest payable pursuant to this clause (3)) not paid when due (whether or not declaration of this Lease to be in default for such nonpayment is subject to any period of grace) for any period for which the same shall be overdue. In the event of any failure on the part of the Lessee to pay any Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein in this Lease or by law or in equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Samples: Lease Agreement (PNM Resources)
Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, within thirty (30) days after demand (unless such payment of Supplemental Rent is due on demandthe due date of any payment of Termination Value in which case such payment of Supplemental Rent shall be due on the due date for such payment of Termination Value and provided, to the extent any such payment of Supplemental Rent is reimbursement for amounts paid by one or more Financing Parties on behalf of any Credit Party pursuant to the Operative Agreements then the Lessee shall also pay interest on such Supplemental Rent calculated at the Overdue Rate from the date any Credit Party has knowledge of the applicable payment from any such Financing Party until such payment of Supplement Rent plus such interest is paid by one of the Credit Parties to the Agent for the account of each such Financing Party), (a) any and all payment obligations (except for amounts payable as Basic Rent, certain Transaction Expenses funded by Advances pursuant to the Operative Agreements, payments of Supplemental Rent to the extent such payments have been previously paid in full by Lessee in accordance with the provisions of the Operative Agreements, principal, interest and yield due and owing under the Notes and the Certificates, respectively, amounts expressly excluded from indemnification pursuant to Sections 11.1, 11.2, 11.7 and 11.8 of the Participation Agreement, amounts due and owing (between the buyer and the seller thereof) as a result of any voluntary sale of an assignment or participation interest by any Lender or Holder under the Operative Agreements and any interest calculated at a rate equal to the daily average Federal Funds Effective Rate payable by any Lender to the Agent pursuant to Section 2.10(b) of the Credit Agreement) owing from time to time under the Operative Agreements by Lessor or the Trust Company to the Agent, any Person to Lender, any Financing Party Holder or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. Upon Lessee's payment of any such obligations of Lessor, Lessee shall have the same subrogation rights as against Lessor with respect thereto as are provided in respect of Claims set forth in Section 11.9 of the Participation Agreement, but such rights of subrogation shall be subject and subordinate in all respects to any and all obligations and/or amounts due and owing from time to time by Lessor to any Financing Party. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent payable to any Financing Party shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent, including without limitation principal or interest (but not including any payments of the Lessor under Section 5.15 of the Participation Agreement) due and owing under any Notes, amounts specifically excluded from indemnification by the Lessee pursuant to Sections 11.1 and 11.2 of the Participation Agreement and amounts due and owing or otherwise payable or incurred as a result of or in connection with any sale of an assignment or participation interest by any Tranche B Lender or Tranche A Note Purchaser and payment obligations of one Financing Party to another Financing Party) owing from time to time under the Operative Agreements by any Person to the Agent, the Lessor, the Escrow Agent, any Primary Financing Party Party, or any other PersonPerson (provided, unless such obligation is expressly stated as an obligation of the Lessee, the Lessee shall only be responsible for such obligation to the extent it is reasonable for a lessee to bear responsibility for such obligation in a transaction of the type evidenced by the Operative Agreements), (b) interest at the applicable Overdue Rate on any portion of any installment of Basic Rent not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any portion of any payment of Supplemental Rent payable to any Financing Party not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five the applicable grace periods for the payment of Supplemental Rent provided in Sections 17.1(a) and (5) Business Days after the same is dueb), Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to the Agent, any Financing Party Credit Lender, any Mortgage Lender, the Lessor or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease (without regard to whether such payment obligations are stated to be obligations of the landlord or the tenant thereunder) and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Samples: Lease Agreement (Convergys Corp)
Supplemental Rent. The Lessee shall pay as supplemental rent (herein referred to as "Supplemental Rent"), the following amounts:
(i) when due, any amount payable hereunder as Stipulated Loss Value as herein provided;
(ii) when due, to or for the account of the Lessor (or any trustee or co-trustee or additional trustee appointed pursuant to the Person entitled thereto Trust Agreement) amounts equal to any amounts payable by the Lessor in respect of the Make Whole Amount and all Supplemental Rent any other amounts (other than principal and interest) payable on the Notes or under the Indenture (including without limitation amounts payable under Section 2.9, 2.10 and 2.11 thereof);
(iii) when due, or if no due date is specified on demand therefor, any amount (other than those sums described in clauses (i) and as (ii) above) that the same shall become due and payable, and if Lessee fails is obliged to pay to, or for the account of, the Lessor (or any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein trustee or by law co-trustee or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. Lessee shall pay additional trustee appointed pursuant to the appropriate PersonTrust Agreement), as Supplemental Rent due and owing the Owner Participant, the Indenture Trustee (or any note registrar, paying agent, co-trustee or additional trustee appointed pursuant to such Personthe Indenture), among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time Noteholder or any Indemnitee under the Operative Agreements by any Person to any Financing Party this Lease or any other PersonTransaction Document;
(iv) on demand and in any event not later than the Basic Rent Payment Date next succeeding the date such amounts shall be due and payable hereunder, to the extent permitted by Applicable Law, interest (bcomputed on the basis of a 360-day year of twelve-30 day months) interest at the Overdue Rate on any installment of Basic Rent not paid when due (subject at a rate per annum equal to the grace period for payments Overdue Rate from and including the due date thereof to but excluding the date of payment thereof (unless payment is made after 12:00 noon, Atlanta time, in which event such date of payment shall be included);
(v) on each applicable Basic Rent Payment Date, such additional amount as shall, after reducing the sum of the scheduled amount of Basic RentRent plus such additional amount by any applicable withholding Taxes, cause the amount remaining after such reduction to equal the aggregate amount of principal and accrued interest scheduled to be due and payable on all outstanding Notes on the applicable Basic Rent Payment Date; and
(vi) for the period for which the same shall be overdue and on contemporaneously with making any other payment of Supplemental Rent not paid when due (other than Stipulated Loss Value or demanded by payments denominated as interest payable to the appropriate Person (subject Lessor, the Owner Participant or any Noteholder), such additional amount to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, Owner Participant as the case may be, until the same shall be paid and (c) amounts referenced as sufficient to cause such other Supplemental Rent obligations pursuant payment to Section 8.3 of the Participation Agreement. It shall be have been made on an additional Supplemental Rent obligation of Lessee to pay After-Tax Basis to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the TermOwner Participant.
Appears in 1 contract
Samples: Lease Agreement (Equifax Inc)
Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five the applicable grace periods for the payment of Supplemental Rent provided in Sections 17.1(a) and (5) Business Days after the same is dueb), Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to the Agent, any Financing Party Lender, any Holder or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease (without regard to whether such payment obligations are stated to be obligations of the landlord or the tenant thereunder) and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Samples: Lease Agreement (Convergys Corp)
Supplemental Rent. Each applicable Lessee shall pay to the Agent (on behalf of the Person entitled thereto thereto) any and all Supplemental Rent when and as the same shall become due and payable, and if such Lessee fails to pay any Supplemental Rent within five three (53) Business Days days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Each applicable Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to the Agent, any Financing Party Lender, any Holder or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of each applicable Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease with respect to each Property subject to a Ground Lease and for which such Lessee has executed a Lease Supplement and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of any Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of such Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of any Lessee to pay and discharge any Supplemental Rent as and when due, such Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
Appears in 1 contract
Supplemental Rent. (i) Lessee shall pay to the Lessor, for its own account, or to any Person entitled thereto thereto, as provided herein or in any other Operative Document, any and all Supplemental Rent when and promptly as the same shall become due and payable, and shall pay Premium, if Lessee fails to pay any Supplemental Rent within five (5) Business Days after any, as the same is dueshall become due and payable pursuant to the Notes and the Indenture.
(ii) If, and to the extent that, on or prior to the Interim Rent Payment Date, Lessor shall not have all rightsremitted to Indenture Trustee (in accordance with clause (k) below or otherwise) funds in an amount (the "Lessor Payment -------------- Amount") equal to the amount, powers if any, set forth in Schedule III to the ------ Participation Agreement and remedies provided for herein or by law or equity or otherwise in designated as the case of nonpayment of Basic Rent. All such "Lessor Payment Amount", which amount shall represent scheduled payments of Supplemental principal on the Notes due on or prior to the Interim Rent shall Payment Date (as such amount may be in the full amount thereofadjusted pursuant to Section 4), without set-off, deduction or reduction. Lessee shall pay advance to Lessor on the appropriate Person, Interim Rent Payment Date as Supplemental Rent due any portion of the Lessor Payment Amount not remitted to Indenture Trustee by Lessor. Lessor shall give notice to Lessee and owing Indenture Trustee at least five Business Days prior to the Interim Rent Payment Date if funds equal to the Lessor Payment Amount will not be paid by Lessor on such Persondate; provided, among other thingshowever, that Lessor's failure to deliver such notice shall not -------- ------- affect Lessee's obligations under this Section 3(c)(ii).
(iii) As Supplemental Rent, Lessee shall pay, when due, on demandbehalf of Lessor, (aA) to Contractor (or the Substitute Service Provider, if applicable), any and all payment obligations (except for amounts payable as Basic Rent) owing due from time Lessor to time Contractor under the Operative Agreements by Service Agreement (or any Person Substitute Service Agreement) and (B) to Seller any amounts due from Buyer to Seller under the Purchase Agreement, in each case with respect to any Financing Party or any other Person, (b) interest at Transponder for the Overdue Rate on any installment of Basic Rent not paid when due (period that such Transponder is subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five three (53) Business Days days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate Person, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for excluding amounts payable as Basic RentRent but including without limitation LOC Reimbursement Amounts subject to the provisions of Section 2.3(a) of the Credit Agreement regarding accrual of such amounts until the Completion Date for each Property, as applicable) owing from time to time under the Operative Agreements by any Person to any Financing Party the Bank or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease and each Head Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. Lessee shall pay directly to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five (5) Business Days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent payable to any Financing Party shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate PersonPerson or a designee therefor, as Supplemental Rent due and owing to such Person, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to the Agent, any Primary Financing Party or any other Person, (b) (i) interest at the Overdue Rate on interest rate determined pursuant to Section 2.8(b) of the Credit Note Loan Agreement with respect to (A) any portion of any installment of Basic Rent payable to any Credit Lender not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on (B) any portion of any payment of Supplemental Rent payable to any Credit Lender not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date until the same shall be paid, (ii) interest at the interest rate determined pursuant to Section 2.8(b) of the Mortgage Note Loan Agreement with respect to (A) any portion of any installment of Basic Rent payable to any Mortgage Lender not paid when due for the period for which the same shall be overdue and (B) any portion of any payment of Supplemental Rent payable to any Mortgage Lender not paid when due for the period from the due date until the same shall be paid, (iii) interest at the Lessor Overdue Rate with respect to (A) any portion of any installment of Basic Rent payable to Lessor not paid when due for the period for which the same shall be overdue and (B) any portion of any payment of Supplemental Rent payable to Lessor not paid when due for the period from the due date until the same shall be paid and (iv) to the extent such is not duplicative of the foregoing, interest at the greater of the interest rates determined pursuant to Section 2.8(b) of the Credit Note Loan Agreement and Section 2.8(b) of the Mortgage Note Loan Agreement with respect to (A) any portion of any installment of Basic Rent payable to any Financing Party (other than any Credit Lender, any Mortgage Lender or Lessor) not paid when due for the period for which the same shall be overdue and (B) any portion of any payment of Supplemental Rent payable to any Financing Party (other than any Credit Lender, any Mortgage Lender or Lessor) not paid when due for the period from the due date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect , except to the Property during extent such payment arises from a Primary Financing Party entering into a financing of its Note or Lessor Advance not contemplated in the Termtransactions set forth in the Operative Agreements.
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Supplemental Rent. Lessee shall pay to the Person entitled thereto any and all Supplemental Rent when and as the same shall become due and payable, and if Lessee fails to pay any Supplemental Rent within five three (53) Business Days days after the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-offsetoff, deduction or reduction. Lessee shall pay to the appropriate PersonLessor, as Supplemental Rent due and owing to such PersonLessor, among other things, on demand, to the extent permitted by applicable Legal Requirements, (a) any and all payment unpaid fees, charges, payments, amounts and other obligations (except for amounts payable as Basic Rentother than the obligations of Lessor to pay the principal amount of the Loans and the Holder Amount) due and owing from time to time by Lessor, in any capacity, under the Operative Agreements by any Person to any Financing Party or Credit Agreement, under the Trust Agreement and/or under any other PersonOperative Agreement (including without limitation any amounts owing to the Lenders under Section 2.11, Section 2.12, Section 2.13 and Section 9.5 of the Credit Agreement and any amounts owing to the Holders under Section 3.9 or Section 3.10 of the Trust Agreement) and (b) interest at the applicable Overdue Rate on any installment of Basic Rent not paid when due (subject to the applicable grace period for payments of Basic Rentperiod) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following of any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreementpaid. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the each Ground Lease and without the necessity of any notice from Lessor with regard thereto. The expiration or other termination of Lessee’s 's obligations to pay Basic Rent hereunder shall not limit or modify the obligations of Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of Lessee to pay and discharge any Supplemental Rent as and when due, Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent. Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during the Term.
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Supplemental Rent. (a) The Lessee shall pay to the Person entitled thereto Lessor any and all Supplemental Rent when and as the same shall become due and payable, and if the Lessee fails to pay any Supplemental Rent within five (5) Business Days after Rent, the same is due, Lessor shall have all rights, powers and remedies provided for herein or by law or equity or otherwise in the case of nonpayment of Basic Base Rent. All such payments of Supplemental Rent shall be in the full amount thereof, without set-off, deduction or reduction. The Lessee shall pay to the appropriate PersonLessor, as Supplemental Rent due and owing to such PersonRent, among other things, on demand, (a) any and all payment obligations (except for amounts payable as Basic Rent) owing from time to time under the Operative Agreements by any Person to any Financing Party or any other Person, (b) interest at the applicable Overdue Rate on any installment of Basic Rent amount payable by the Lessee hereunder or under any other Operative Document (including Base Rent, Lease Balance, Guaranteed Residual Value or Construction Period Guaranteed Amount) not paid when due (subject to the grace period for payments of Basic Rent) for the period for which the same shall be overdue and on any payment of Supplemental Rent not paid when due or demanded by the appropriate Person (subject to any applicable grace period) for the period from the due date or the date such payment becomes due and owing following any such demand, as the case may be, until the same shall be paid and (c) amounts referenced as Supplemental Rent obligations pursuant to Section 8.3 of the Participation Agreement. It shall be an additional Supplemental Rent obligation of Lessee to pay to the appropriate Person all rent and other amounts when such become due and owing from time to time under the Ground Lease and without the necessity of any notice from Lessor with regard theretopaid. The expiration or other termination of the Lessee’s 's obligations to pay Basic Base Rent hereunder shall not limit or modify the obligations of the Lessee with respect to Supplemental Rent. Unless expressly provided otherwise in this Lease, in the event of any failure on the part of the Lessee to pay and discharge any Supplemental Rent as and when due, the Lessee shall also promptly pay and discharge any fine, penalty, interest or cost which may be assessed or added -13- under any agreement with a third party for nonpayment or late payment of such Supplemental Rent, all of which shall also constitute Supplemental Rent.
(b) The Lessor may, with the consent of the Administrative Agent and the Lessee, enter into the Lessor Interest Rate Hedge. If the Lessor enters into the Lessor Interest Rate Hedge, then on each date on which any amount is payable under the Lessor Interest Rate Hedge: (i) if there is a net amount payable by the Lessor to the Swap Counterparty, then the Lessee will pay to the Lessor on such date as Supplemental Rent such net amount; and (ii) if there is a net amount payable by the Swap Counterparty to the Lessee, then the amount then due and payable by the Lessee to the Lessor will be reduced by the net amount actually received by the Lessor from the Swap Counterparty on such date. In addition, if all or any portion of the Lease Balance of any Leased Asset shall be paid prior to November 22, 2007, or if the Total Commitment shall be reduced prior to such date, then on the date of such payment or reduction (or as promptly thereafter as practicable) (i) the Lessor shall reduce the notional amount of the Lessor Interest Rate Hedge by an amount equal to such payment or reduction and (ii) the Lessee shall pay all outstanding or accrued Supplemental Rent on any date on which this Lease shall terminate with respect to the Property during Lessor the Termamount of any cost, premium, penalty or expense payable by the Lessor to the Swap Counterparty in connection with such reduction.
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Samples: Master Lease and Security Agreement (Iron Mountain Inc/Pa)
