Assignment Proceeds definition

Assignment Proceeds shall have the meaning set forth in Section 12.8 hereof.
Assignment Proceeds means all consideration payable to Tenant, directly or indirectly, by any assignee, including Landlord pursuant to paragraph (B) of this Section 12.8, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to, sums paid for the sale or rental, or consideration received on account of any contribution, of Tenant's Property) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns, (ii) the reasonable out-of-pocket costs and expenses of Tenant in making such assignment, such as brokers' fees, attorneys' fees, and advertising fees paid to unrelated third parties, (iii) any payments required to be made by Tenant in connection with the assignment of its interest in this Lease pursuant to Article 31 of the Tax law of the State of New York or any real property transfer tax of the United States or the City or State of New York (other than any income tax), (iv) any sums paid by Tenant to Landlord pursuant to Section 12.2(B) hereof, (v) the cost of improvements or alterations made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment, as determined by Tenant's federal income tax returns, (vi) the unamortized or undepreciated cost of any Tenant's Property leased to and used by such assignee, and (vii) the then unamortized or undepreciated cost of the Alterations determined on the basis of Tenant's federal income tax returns less the Tenant Fund. If the consideration paid to Tenant for any assignment shall be paid in installments, then the expenses specified in this paragraph (D) shall be amortized over the period during which such installments shall be payable. If Landlord exercises its right to take an assignment of this Lease pursuant to the provisions of Section 12.8(B) hereof, in no event shall Tenant be entitled to any proceeds derived from or relating to (directly or indirectly) any lease or sublease of the Premises by Landlord or further assignment of the Lease.
Assignment Proceeds means the purchase price or other consideration that is: (a) paid (either in cash or by an assumption of debt or other consideration and, if paid over time, the present value of the total consideration using the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)) to the Developer and/or holders of direct or indirect interests in Developer and (b) fairly attributable to Developer’s interest in the Sublease and the Initial Project Improvements in connection with the subject transaction less the sum of (x) any reasonable prorations, closing costs or other customary deductions to the purchase price for which the seller is responsible, (y) the certified cost of designing, developing and constructing the Initial Project Improvements as of the time of the Completion of the Initial Project Improvements and (z) one hundred (100) times the amount of any Assignment Proceeds that have been previously paid to the Port District, which sum shall be prorated in the case of an assignment of a portion of the Initial Project Improvements, which sum shall be prorated in the case of an assignment of a portion of the Initial Project Improvements. Notwithstanding the foregoing, if at any time an Assignment Participation Fee is payable pursuant to this Agreement and an Assignment Participation Fee (as defined in the Ground Lease) is payable pursuant to the Ground Lease, then Developer shall, in its reasonable discretion, determine the allocation of the assignment proceeds between the Assignment Proceeds with respect to this Agreement and the Assignment Proceeds (as defined in the Ground Lease) with respect to the Ground Lease. Upon the request of the Port District from time to time (which request shall not be made more frequently than once per year), except in the case of Completion of the Convention Center, in which case Developer shall deliver to the Port District such schedule, and such evidence, without request from the Port District, within five (5) days of Completion of the Convention Center, Developer shall provide the Port District with a schedule listing the name and mailing address of each Person holding at least twenty percent (20%) of the direct or indirect ownership interests in Developer or the Initial Project Improvements and, if then true, evidence that one or more Original Members collectively holds at least ten percent (10%) of the direct or indirect ownership interest in Developer or the Initial Project Improve...

Examples of Assignment Proceeds in a sentence

  • As the monies were from the Assignment Proceeds, it would be an indicium that the Deceased regarded himself as the owner of the Bedok Property and Shop.

  • Between May 1992 and 10 July 2003, the Assignment Proceeds flowed through multiple bank accounts.

  • In this case this arises due to differen- tial ability to anchor the contextual parameters.

  • It is common ground that the Loan was advanced to the 1st Defendant in 1998 for the purchase of Corporation Drive from monies that were derived from the Assignment Proceeds.

  • The meeting was called because of unhappiness on the part of Khian Hin, Foong Chong and the Plaintiff that they did not receive a share of the Assignment Proceeds.


More Definitions of Assignment Proceeds

Assignment Proceeds means the purchase price or other consideration paid (either in cash or by an assumption of debt or other consideration and, if paid over time, the present value of the total consideration using the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)) to the Tenant and/or holders of direct or indirect interests in Tenant in connection with the subject transaction less the sum of (x) any reasonable prorations, closing costs or other customary deductions to the purchase price for which the seller is responsible, (y) the certified cost of designing, developing and constructing the Initial Project Improvements as of the time of the Completion of the Initial Project Improvements and (z) one hundred (100) times the amount of any Assignment Proceeds that have been previously paid to Landlord, which sum shall be prorated in the case of an assignment of a portion of the Improvements. Upon the request of Landlord from time to time (which request shall not be made more frequently than once per year), except in the case of Completion of the Initial Project Improvements, in which case Tenant shall deliver to Landlord such schedule, and such evidence, without request from Landlord, within five (5) days of Completion of the Initial Project Improvements, Tenant shall provide Landlord with a schedule listing the name and mailing address of each Person holding at least twenty percent (20%) of the direct or indirect interests in Tenant and, if then true, evidence that one or more Original Members collectively holds at least ten percent (10%) of the direct or indirect interest in Tenant. In the event that such Person is a trust, Tenant shall include in such schedule the name and mailing address of each trustee of said trust, together with the name and mailing address of each beneficiary of said trust.
Assignment Proceeds means all consideration payable to ------------------- Tenant, directly or indirectly, by any assignee, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to, sums paid for the sale or rental, or consideration received on account of any contribution, of Tenant's Property) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns, (ii) the reasonable out-of-pocket costs and expenses of Tenant in making such assignment, such as brokers' fees, attorneys' fees, and advertising fees paid to unrelated third parties, (iii) any payments required to be made by Tenant in connection with the assignment of its interest in this Lease pursuant to any New Jersey statutes or any real property transfer tax of the United States or the City of Jersey City or the State of New Jersey (other than any income tax), (iv) any sums paid by Tenant to Landlord pursuant to Section 12.2(B) hereof, (v) the cost of improvements or alterations made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment, as determined by Tenant's federal income tax returns, and/or the amount of any work allowance paid to such assignee, (vi) the unamortized or undepreciated cost of any of Tenant's Property leased to and used by such assignee, (vii) the then unamortized or undepreciated cost of the Alterations determined on the basis of Tenant's federal income tax returns, and (viii) any Rent paid by Tenant for the period commencing on the later of the date (a) Tenant has vacated the Premises for the normal conduct of its business, and (b) formally lists (i.e. by written agreement and in good faith) the Premises for rent with one or more real estate brokers or otherwise actively markets the Premises for rent and ending on the rent commencement date of such assignment. If the consideration paid to Tenant for any assignment shall be paid in installments, then the expenses specified in this Section 12.8 shall be amortized over the period during which such installments shall be payable.
Assignment Proceeds means all consideration payable to Tenant, directly or indirectly, by any assignee, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to, sums paid for the sale or rental or consideration received on account of any contribution of any of Tenant's property);
Assignment Proceeds means all consideration payable to Tenant, directly or indirectly, by any assignee, including Landlord pursuant to paragraph (B) of this Section 12.8, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to, sums paid for the sale or rental, or consideration received on account of any contribution, of Tenant's Property) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined on the basis of Tenant's federal income tax returns, (ii) the reasonable out-of-pocket costs and expenses of Tenant in making such assignment, such as brokers' fees, attorneys' fees, and advertising fees
Assignment Proceeds means all consideration paid to Tenant, directly or indirectly; by any assignee, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to sums paid for the sale or rental, or consideration received on account of any contribution in excess of the fair market value of Tenant’s Property as determined by a reputable independent third party appraiser reasonably satisfactory to Landlord, of Tenant’s Property, or sums paid in connection with the supply of electricity, HVAC, or other services, other than those payments made to Tenant and paid by Tenant to Landlord as a pass-through) after deducting therefrom the following assignment expenses (the “Assignment Expenses”): (i) the reasonable out-of-pocket cost and expenses of Tenant in making such assignment such as brokers’ fees, attorneys’ fees, and advertising fees paid to unrelated third parties, (ii) the cost of improvements or alterations costs made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment, (iii) the unreimbursed cost of any Tenant’s Property leased to and used by such assignee amortized in accordance with the schedule set forth on Tenant’s federal income tax returns and (iv) any reasonable takeover costs of existing lease obligations of such assignee and the amount of any contributions for tenant improvements. In determining Assignment Proceeds, the costs set forth in clauses (i) (ii), and (iv) shall be deducted as and when incurred by Tenant.
Assignment Proceeds means all consideration payable to Tenant, directly or indirectly, by any assignee, or any other amount received by Tenant from or in connection with any assignment (including, but not limited to, sums paid for the sale or rental, or consideration received on account of any contribution, of Tenant's Property) after deducting therefrom: (i) in the event of a sale (or contribution) of Tenant's Property, the then unamortized or undepreciated cost thereof determined in accordance with generally accepted accounting principles, (ii) the out-of-pocket costs and expenses of Tenant in making such assignment, including, without limitation, brokers' fees, attorneys' fees, and advertising fees paid to unrelated third parties, (iii) any payments required to be made, and actually made, by Tenant in connection with the assignment of its interest in this Lease pursuant to any real property transfer tax or real property transfer gains tax (or similar tax) of the United States or the City or State of New York (other than any income tax), (iv) any sums paid by Tenant to Landlord pursuant to Section 12.2(B) hereof, (v) the cost of improvements or alterations made by Tenant expressly and solely for the purpose of preparing the Premises for such assignment (or cash allowance given to such assignee in lieu thereof), (vi) the then unamortized or undepreciated cost of any Tenant's Property leased to and used by such assignee, as determined in accordance with generally accepted accounting principles, (vii) Tenant's Unamortized Alterations Cost, (viii) any moving expenses of the assignee paid for by Tenant, (ix) any "takeover" expenses incurred by Tenant in connection with such assignee's then existing lease, and (x) any other reasonable tenant inducement costs paid by Tenant. If Landlord exercises its rights to consummate an Assignment Recapture, then Tenant shall not be entitled to any proceeds derived from or relating to (directly or indirectly) any lease of the Premises by Landlord following Landlord's exercise of such rights.
Assignment Proceeds means the purchase price or other consideration that is: (a) paid (either in cash or by an assumption of debt or other consideration and, if paid over time, the present value of the total consideration using the discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%)) to the Tenant and/or holders of direct or indirect interests in Tenant and (b) fairly attributable to Tenant’s interest in this Lease and the Improvements in connection with the subject transaction less the sum of (w) any reasonable prorations, closing costs or other customary deductions to the purchase price for which the seller is responsible, (x) the certified cost of designing, developing and constructing the Tenant’s Initial Project Improvements as of the time of the Completion of the Tenant’s Initial Project Improvements and, from and after the Expansion Date, the Convention Center as of the time of the Completion of the Convention Center, (y) one hundred (100) times the amount of any Assignment Proceeds that have been previously paid to Landlord, which sum shall be prorated in the case of an assignment of a portion of the Initial Project Improvements and