Occupancy Expenses definition

Occupancy Expenses means base rent, percentage rent, HVAC, utilities, CAM, real estate and use taxes, merchant’s association dues and expenses, rental for furniture, fixtures and equipment (including, without limitation, Store-level point of sale equipment), cash register maintenance, security systems, building alarm service, alarm service maintenance and store trash and snow removal expenses, all of the foregoing as categorized or reflected on Exhibit 4.1 hereto.

Occupancy Expenses means, with respect to the Stores, base rent, percentage rent, HVAC, utilities, CAM, storage costs, real estate and use taxes, Merchant’s association dues and expenses, utilities expenses, cash register maintenance, routine repairs, building maintenance, trash and snow removal, housekeeping and cleaning expenses, local and long-distance telephone and internet/wifi expenses, security (including, without limitation, security systems, courier and guard service, building alarm service and alarm service maintenance), and rental for furniture, fixtures and equipment.

Occupancy Expenses means, with respect to any Lease Premises, all liquidated costs, expenses, obligations and liabilities under or in connection with the applicable Lease payable or paid by any Seller, including any and all mortgage payments, base rent, percentage rent, additional rent, CAM, utilities, Property Taxes and assessments, costs of continuing the level of maintenance and security required by this Agreement, a pro rata portion of insurance (including public liability and casualty insurance) attributable to such Lease or Lease Premises and all other categories of expenses, obligations and liabilities arising or accruing under or in connection with such Lease (whether or not billed by the applicable counterparty to such Lease). For the avoidance of doubt, Occupancy Expenses shall not include any Seller’s costs and expenses of (a) any professionals retained in connection with the Bankruptcy Cases or (b) counsel of any kind except to the extent counsel is retained with respect to a Lease or Owned Real Property and not Sellers’ other operations.

Examples of Occupancy Expenses in a sentence

• In the event the Agent fails to provide the Merchant with the requisite notice, the Agent shall be liable for and reimburse the Merchant for applicable Occupancy Expenses for the days by which notice of a Store closing was shortened.

• Agent’s obligations to pay all Expenses, including Occupancy Expenses, for each Closing Store shall continue until the later of (a) the Sale Termination Date for each such Closing Store, or (b) the 7th day of the calendar month in which the Sale Termination Date for each such Closing Store occurs.

• The Agent shall be responsible for all Occupancy Expenses (irrespective of any per diem cap on Occupancy Expenses) for a Store for which the Merchant is or becomes obligated resulting from the Agent’s failure to timely vacate such Store, or any other liabilities incurred as a result of the Agent’s failure to timely vacate such Store.

• The Agent shall use its reasonable efforts to vacate the Stores no later than 3 days before the end of a calendar month, but in any event, the Agent’s obligations to pay all Expenses, including Occupancy Expenses, for each Store shall continue until the later of (a) the applicable Vacate Date for such Store, or, (b) the 15th day of the calendar month in which the Vacate Date for such Store occurs.

• A Affiliate Machines B Affiliate Service Locations C Sites D Base Case E Assigned Agreements F Retained Resource Agreements G Accretive Service Locations H Contract Employees 1 Reimbursement for Occupancy Expenses J Affiliate Competitors K Roll-Out Plan L Form Designation as Attorney in Fact Appendix L Form of Designation as Attorney in Fact STATE OF ) ) SS: COUNTY OF ) KNOW ALL MEN BY THESE PRESENTS that the undersigned does hereby make, constitute and appoint Healthcare Services, Inc.

More Definitions of Occupancy Expenses

Occupancy Expenses means, with respect to the Stores, base rent, HVAC, utilities, CAM, storage costs, real estate and use taxes, other taxes and licensing fees, Merchant’s association dues and expenses, landlord promotional fees, utilities expenses, point-of- sale systems maintenance, routine repairs, building maintenance, trash and snow removal, housekeeping and cleaning expenses, pest control services, local and long- distance telephone and internet/wifi expenses, security (including, without limitation, security systems, courier and guard service, building alarm service and alarm service maintenance), rental for furniture, fixtures and equipment, and any other categories of expenses at the Stores set forth on Exhibit 4.1(c) attached hereto. Without modifying the foregoing, Purchaser acknowledges and agrees that it shall indemnify and hold harmless Merchant, including with respect to attorneys’ fees, for any breach of a Lease that may occur during the Sale Term, other than an account of rejection thereof under Section 365 of the Bankruptcy Code.

Occupancy Expenses means actual base rent, percentage rent, HVAC, utilities, CAM, storage costs, real estate and use taxes, merchant’s association dues and expenses, personal property leases (including, without limitation, point of sale equipment), cash register maintenance, building maintenance, rental for furniture, fixtures and other equipment, and building insurance relating to the Closing Stores limited on a per diem, per Closing Store basis and limited to those amounts and categories as described on Exhibit 4.1 attached hereto.

Occupancy Expenses means, with respect to the Stores, base rent, percentage rent, HVAC, utilities, CAM, storage costs, real estate and use taxes, other taxes and licensing fees, Merchant’s association dues and expenses, landlord promotional fees, utilities expenses, point-of-sale systems maintenance, routine repairs, building maintenance, trash and snow removal, housekeeping and cleaning expenses, pest control services, local and long- distance telephone and internet/wifi expenses, security (including, without limitation, security systems, courier and guard service, building alarm service and alarm service maintenance), rental for furniture, fixtures and equipment and any other categories of expenses at the Stores set forth on Exhibit 4.1(c) attached hereto.

Occupancy Expenses means, with respect to the Stores, base rent, percentage rent, HVAC, utilities, CAM, storage costs, real estate and use taxes, Merchant’s association dues and expenses, utilities expenses, cash register maintenance, routine repairs,

Occupancy Expenses means base rent, percentage rent, HVAC, utilities, CAM, real estate and use taxes, Merchant's association dues and expenses, building insurance related to the Stores, base telephone charges, trash removal, Merchant's liability insurance, cash register maintenance, building maintenance, landscaping and structural repair, building alarm service and alarm service maintenance, and rental for furniture, fixtures and equipment.

Occupancy Expenses contained in Section 1.01 of the Purchase Agreement is hereby deleted in its entirety and replaced with the following:

Occupancy Expenses means, with respect to any Lease Premises, Owned Real Property or Sparrow Property, all liquidated costs, expenses, obligations and liabilities under or in connection with the applicable Lease payable or paid by any Seller, including any and all mortgage payments, base rent, percentage rent, additional rent, CAM, utilities, Property Taxes and assessments, costs of continuing the level of maintenance and security required by this Agreement, a pro rata portion of insurance (including public liability and casualty insurance) attributable to such Lease or Lease Premises, Owned Real Property or Sparrow Property and all other categories of expenses, obligations and liabilities arising or accruing under or in connection with such Lease (whether or not billed by the applicable counterparty to such Lease), Owned Real Property or Sparrow Property. For the avoidance of doubt, Occupancy Expenses shall not include any Seller’s costs and expenses of (a) any professionals retained in connection with the Bankruptcy Cases or (b) counsel of any kind except to the extent counsel is retained with respect to a Lease, Owned Real Property or Sparrow Property and not the Sellers’ other operations.