USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a “NNN” lease rate applicable to each year of the Option Term. An example of the application of the process set forth in this Exhibit H to arrive at the Market Rent is attached hereto as Schedule 1. As an example of the determination of the Market Rent, assume that there is a 10,000 rentable square foot Comparable Transaction with a five (5) year term, Base Rent of $75.00 per rentable square foot with One Dollar ($1) annual increases, an improvement allowance of $25.00 per rentable square foot, three (3) months of free rent, and Operating Expenses and Tax Expenses of $12.00 per rentable square foot. Based on the foregoing, the Net Equivalent Lease Rate analysis would be as follows.
1. The contractual rent payments for each of the Comparable Transactions should be arrayed monthly over the lease term. See Column 2 in the attached spreadsheet.
2. From this figure, the initial lease year operating expenses (from gross leases) should be deducted, leaving a net lease rate over the lease term. See Column 3 in the attached spreadsheet.
3. This results in the net rent received by each landlord under the Comparable Transactions being expressly as a monthly net rent payment. See Column 4 in the attached spreadsheet.
4. Any free rent or similar inducements received over time should be deducted in the time period in which they occur, resulting in the net cash flow arrayed over the lease term. See the amounts set forth in months 1, 2 and 3 of Column 2 in the attached spreadsheet.
5. The resultant net cash flow from the lease should be then discounted (using an eight percent (8%) annual discount rate) to the lease commencement date, resulting in a net present value estimate. The net present value of the amounts set forth in Column 4 of the attached spreadsheet is $2,479,851.66.
6. From the net present value, up-front inducements (improvement allowances and other concessions) should be deducted. These items should be deducted directly, on a “dollar for dollar” basis, without discounting, since they are typically incurred at lease commencement, while rent (which is discounted) is a future receipt. The net present value amount set forth in number 5, above, less the improvement allowance, is $2,229,851.66.
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable the Option Term. EXHIBIT F 000 XXX XXXXXXXXXX XXXXXX BENEFICIARY: APPLICANT:
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable the Option Term. FAX NO. [( ) - ] SWIFT: [Insert No., if any] [Insert Bank Name And Address] DATE OF ISSUE: BENEFICIARY: Xxxxxx Realty Finance Partnership, L.P. c/o Kilroy Realty Corporation 12200 Xxxx Xxxxxxx Xxxxxxxxx, Xxxxx 000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Legal Department APPLICANT: [Insert Applicant Name And Address] Fax: (000) 000-0000 LETTER OF CREDIT NO. EXPIRATION DATE: AT OUR COUNTERS AMOUNT AVAILABLE: USD[Insert Dollar Amount] (U.S. DOLLARS [Insert Dollar Amount]) LADIES AND GENTLEMEN: WE HEREBY ESTABLISH OUR IRREVOCABLE STANDBY LETTER OF CREDIT NO. IN YOUR FAVOR FOR THE ACCOUNT OF [Insert Tenant’s Name], A [Insert Entity Type], UP TO THE AGGREGATE AMOUNT OF USD[Insert Dollar Amount] ([Insert Dollar Amount] U.S. DOLLARS) EFFECTIVE IMMEDIATELY AND EXPIRING ON (Expiration Date) AVAILABLE BY PAYMENT UPON PRESENTATION OF YOUR DRAFT AT SIGHT DRAWN ON [Insert Bank Name] WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S):
1. THE ORIGINAL OF THIS IRREVOCABLE STANDBY LETTER OF CREDIT AND AMENDMENT(S), IF ANY.
2. BENEFICIARY’S SIGNED STATEMENT PURPORTEDLY SIGNED BY AN AUTHORIZED REPRESENTATIVE OF [Insert Landlord’s Name], A [Insert Entity Type] (“LANDLORD”) STATING THE FOLLOWING: Very truly yours, (Name of Issuing Bank) By:
(a) Demand for payment of an amount available under this Letter of Credit in the form of Attachment A completed and signed by Beneficiary and (b) this Letter of Credit (including any amendments), which, in the event of a partial drawing, will be returned to you following our notation thereon of the amount of such partial drawing;
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable to the Option Term. EXHIBIT F-2- [HCP LIFE SCIENCES][BRITANNIA SEAPORT CENTRE][Puhnonx, Inc.] Instructions: The following questionnaire is to be completed by the Lessee representative with knowledge of the planned operations for the specified building/location. Please print clearly and attach additional sheets as necessary.
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable the Option Term. October , 2012 Xxxxxx 1455 Market, LLC 00000 Xxxxxxxx Xxxxxxxxx, Xxxxx 0000 Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Mr. Xxxxxx Xxxxx Gentlemen: We hereby establish our Irrevocable Letter of Credit and authorize you to draw on us at sight for the account of SQUARE, INC., 000 Xxxxxxx Xxxxxx, Xxx Xxxxxxxxx, Xxxxxxxxxx 00000 (“Applicant”), a Delaware corporation, the aggregate amount of Nine Million Dollars ($9,000,000). Funds under this Letter of Credit are available to the beneficiary hereof as follows: Any or all of the sums hereunder may be drawn down at any time and from time to time from and after the date hereof by Xxxxxx 1455 Market, LLC (“Beneficiary”) by presentation of a sight draft on us when accompanied by this Letter of Credit and a written dated statement signed by Beneficiary, certifying that:
(i) “Xxxxxx 1455 Market, LLC (“Beneficiary”) is otherwise allowed to draw down on the Letter of Credit No. in the requested amount of USD pursuant to the terms of that certain office lease by and between Beneficiary and Square, Inc. (“Applicant”) dated October , 2012, as amended (collectively, the “Lease”)”, or
(ii) “Xxxxxx 1455 Market, LLC (“Beneficiary”) is entitled to draw down the full available amount of letter of credit no. in the requested amount of USD 9,000,000, as the result of the filing of a voluntary petition under the U.S. Bankruptcy Code or a State Bankruptcy Code by Square, Inc. (“Applicant”), which filing has not been dismissed at the time of this drawing”, or
(iii) “Xxxxxx 1455 Market, LLC (“Beneficiary”) is entitled to draw down the full available amount of letter of credit no. in the requested amount of USD 9,000,000, as the result of the filing of an involuntary petition having been filed under the U.S. Bankruptcy Code or a State Bankruptcy Code against Square, Inc. (“Applicant”), which filing has not been dismissed as of the later of 30 days after the filing and the time of this drawing”. THIS LETTER OF CREDIT IS TRANSFERABLE, BUT ONLY IN ITS ENTIRETY, AND MAY BE SUCCESSIVELY TRANSFERRED. TRANSFER OF THIS LETTER OF CREDIT SHALL BE EFFECTED BY US UPON YOUR SUBMISSION OF THIS ORIGINAL LETTER OF CREDIT, INCLUDING ALL AMENDMENTS, IF ANY, ACCOMPANIED BY OUR TRANSFER...
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable the Option Term. RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: XXXXX XXXXXXX XXXX XXXXXX XXXXXXX & XXXXXX LLP 1901 Avenue of the Stars, 00xx Xxxxx Xxx Xxxxxxx, Xxxxxxxxxx 00000 Attention: Xxxxx X. Xxxxxx, Esq.
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a “NNN” lease rate applicable to each year of the then applicable Option Term. EXHIBIT D 000 XXXXXXX XXXXXX NOTICE OF LEASE TERM DATES To: Re: Office Lease dated as of March 6, 2008 (the “Office Lease”), by and between Xxxxxx Realty, L.P., a Delaware limited partnership (“Landlord”) (as successor-in-interest to Xxxxxxx Propco, LLC), and Splunk Inc., a Delaware corporation (“Tenant”), as amended by First Amendment to Office Lease dated as of June 10, 2011 (the “First Amendment”), and Second Amendment to Office Lease dated as of , 2012 (the “Second Amendment”) (the Office Lease, as amended by the First Amendment and the Second Amendment, being referred to herein as the “Lease”), for 100,164 rentable square feet of space commonly known as Suites 100, 200 and 300 (the “Premises”), located in that certain office building located at 000 Xxxxxxx Xxxxxx, San Francisco, California (the “Building”). Dear : Notwithstanding any provision to the contrary contained in the Lease, this letter is to confirm and agree upon the following:
1. Tenant has accepted the above-referenced Premises (including the Expansion Space consisting of Suite 300) as being delivered in accordance with the Lease.
2. The New Term shall commence on or has commenced on for a term of ending on .
3. Rent for the New Term shall commence or has commenced to accrue on , in the amount of .
4. If the New Term Rent Commencement Date is other than the first day of the month, the first billing for the New Term will contain a pro rata adjustment. Each billing thereafter shall be for the full amount of the monthly installment as provided for in the Lease.
5. Your rent checks should be made payable to at .
6. The rentable square feet of the Premises is .
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile to a conclusion of Market Rent which shall be stated as a "NNN" lease rate applicable to each year of the Option Term, which reconciliation shall be performed (i) in a manner usual and customary for a real estate appraisal process, and (ii) to take into account, and adjust for, the three percent (3%) annual increases identified in Section 2.2.2(ii) of the Lease. ./ -/// -2- XXXXXX REALTY, L.P. [ACADIA Pharmaceuticals Inc.] This LEASE AGREEMENT (this "Lease") is made and entered into as of [___] (the “Effective Date”), by and between XXXXXX REALTY, L.P., a Delaware limited partnership ("Landlord"), and ACADIA PHARMACEUTICALS INC., a Delaware corporation ("Tenant"). R E C I T A L S :
A. Tenant is currently the "Subtenant" under that certain Sublease Agreement dated as of October 17, 2016 (the "Sublease"), by and between BRAIN CORPORATION, a California Corporation ("Brain"), as Sublandlord, and Tenant, as Subtenant. A copy of the Sublease is attached hereto as Exhibit A. Pursuant to the Sublease, Tenant leased the "Sublease Premises" consisting of approximately 26,437 rentable square feet of space, commonly known as Suite 400 and comprising [a portion / the entirety] of the fourth (4th) floor of that certain building located at 0000 Xxxxxx Xxxxxx Xxxxx, Xxx Xxxxx, Xxxxxxxxxx 00000 (the "Building").
B. The Sublease was made under that certain Office Lease dated as of October 5, 2012 (as the same may have been amended, the "Master Lease") between Landlord and Brain, with respect to certain premises constituting the entirety of such Sublease Premises.
C. The Master Lease is scheduled to expire on May 31, 2020. Landlord and Tenant desire that, immediately upon such expiration, Tenant will lease the Sublease Premises directly from Landlord on the terms and conditions of this Lease.
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT G-4- Salesforce Tower415 MISSION STREET[xxxxxxxxxx.xxx, Inc.] be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a "NNN" lease rate applicable to each year of the Option Term. 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT G-4- Salesforce Tower415 MISSION STREET[xxxxxxxxxx.xxx, Inc.] 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT X-0-0- Xxxxxxxxxx Xxxxx000 MISSION STREET[xxxxxxxxxx.xxx, Inc.] 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT X-0-0- Xxxxxxxxxx Xxxxx000 MISSION STREET[xxxxxxxxxx.xxx, Inc.] 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT X-0-0- Xxxxxxxxxx Xxxxx000 MISSION STREET[xxxxxxxxxx.xxx, Inc.] 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT X-0-0- Xxxxxxxxxx Xxxxx000 MISSION STREET[xxxxxxxxxx.xxx, Inc.] 720213.12/XXX000000-00005/4-9-14/mem/ejw EXHIBIT X-0-0- Xxxxxxxxxx Xxxxx000 MISSION STREET[xxxxxxxxxx.xxx, Inc.]
USE OF NET EQUIVALENT LEASE RATES FOR COMPARABLE TRANSACTIONS. The Net Equivalent Lease Rates for the Comparable Transactions shall then be used to reconcile, in a manner usual and customary for a real estate appraisal process, to a conclusion of Market Rent which shall be stated as a Net Equivalent Lease Rate applicable to each Lease Year of the Option Term.
1. Sundown Lighting & Electrical
2. JJJ Enterprises 3. Reliable Elevator 4. Universal Protection Service 5. Water Systems Services Company