Variable Rent. From and after the date hereof, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the CP3 Property.
Variable Rent i. From and after the date hereof, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Xxxxxx’x Xxxx Facility.
ii. Article II of the Lease is hereby amended such that the definition of “Base Net Revenue Amount” is hereby deleted and replaced with the following:
Variable Rent. During the term of this Sublease, Brillian covenants and agrees to pay to TFS, without deduction or setoff of any kind, the monthly costs actually incurred for the items enumerated in Exhibit F to this Sublease (“Variable Services Rent”). Brillian shall pay to TFS this amount within fifteen (15) days from the receipt of an invoice from TFS.
Variable Rent. (i) The Variable Rent for each Leased System shall be based on the Key Cards delivered for use with respect to the Leased System. The Variable Rent shall be equal to $25 for each BriteSmile Procedure that would be able to be performed on such System by fully using all Key Cards delivered during the preceding month for use with such System or $125 for each standard 5-Procedure Key Card that is delivered. Payment of such Variable Rent shall be made on the 40th day following the end of the month in which delivery of such Key Cards occurred.
(ii) Notwithstanding the foregoing, the payment of Variable Rent due with respect to Key Cards delivered in any month during the calendar years 2002 and 2003 shall not be made on the 40th day following the end of the month in which delivery of the Key Cards occurred. Instead payment of such Variable Rent shall be deferred, and payment of the aggregate amount of the Variable Rent due with respect to all Key Cards delivered in all months during the calendar year 2002 (the "Total Deferred 2002 Variable Rent") and in all months during the calendar year 2003 (the "Total Deferred 2003 Variable Rent") shall be made on January 1, 2004.
(iii) In addition to the payments required to be made under Section 4(c)(ii), BriteSmile shall pay EVL interest at the Prescribed Rate, as hereinafter defined, on so much of the Total Deferred 2002 Variable Rent and on so much of the Total Deferred 2003 Variable Rent as has accrued and remains due but unpaid from time to time from and after March 12, 2002, in the case of Total 2002 Variable Rent, and March 12, 2003, in the case of Total 2003 Variable Rent. For the purposes of the interest calculations under this subsection (iii), Variable Rent included in Total Deferred 2002 Variable Rent and in Total Deferred 2003 Variable Rent shall be deemed to accrue on the date that payment of such Variable Rent would be required to be made under Section 4(c)(i) without giving effect to Section 4(c)(ii). All such interest that accrues from March 12, 2002 to January 8, 2003 on account of Total Deferred 2002 Variable Rent shall be paid on January 9, 2003. Thereafter such accrued interest on account of Total Deferred 2002 Variable Rent shall be payable on the 9th day of each month through December 9, 2003 and on January 1, 2004. All such interest that accrues on account of Total Deferred 2003 Variable Rent shall be paid on the 9th day of each month commencing April 9, 2003 through December 9, 2003 and on January 1...
Variable Rent. From and after the Bluegrass Downs Severance Date, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Bluegrass Downs Facility.
Variable Rent i. From and after the date hereof, for purposes of any calculation of Variable Rent under the Lease, including any adjustments in Variable Rent based on increases or decreases in Net Revenue, such calculations of Net Revenue shall exclude Net Revenue attributable to the Southern Indiana Facility.
ii. Article II of the Lease is hereby amended such that the definition of “Base Net Revenue Amount” is hereby deleted and replaced with the following:
Variable Rent. Section 4(c) of the Lease Agreement is hereby ------------- amended to read in its entirety as follows:
Variable Rent. The Variable Rent shall be the equivalent of the amount resulting from applying the percentage of 95% (ninety-five percent) to the Gross Revenues of the Lessee generated in the relevant past Year Rent, in the currency corresponding to such Gross Revenues (the “Variable Rent”). The Variable Rent shall be payable within the first three months following the close of each fiscal year in question.
Variable Rent. Unless the Aircraft is subject to a Carrier Sublease, Lessee will pay, in arrears, the Variable Rent payment calculated in accordance with Section 4.5 below for the preceding month on each Rent Date (excluding the Delivery Date).
Variable Rent. Variable Rent shall be paid to ORDC on September 1 of each year and calculated as follows:
(i) Cumulative loaded carloads originated on, or terminated on the Piney Fork Rail Line for the preceding fiscal year, based on the following table: Carloads Per Car Cost 0-2000 $0 2001-4000 $3 4001-6000 $4 6001-8000 $5 8001+ $6 For example, a total of 10,000 cars would be calculated as: 2000 cars at $0, 2000 cars at $3/car, 2000 cars at $4/car, 2000 cars @ $5/car, and 2000 cars at $6/car, for a total payment of $36,000 for the 10,000 cars. The per car cost of traffic that neither originates nor terminates on the Piney Fork Rail Line shall be negotiated between ORDC and OHI-RAIL, should this traffic be contemplated.
