Percentage Rent Year definition
Examples of Percentage Rent Year in a sentence
If Seller has received payments of percentage rent based on any Percentage Rent Year in which the date of Closing occurs, in excess of Seller’s share as calculated as set forth above in this Section 5.4.1(c), it shall promptly pay such excess to Purchaser.
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If the Missouri Gaming Commission redetermines Net Gaming Revenue, Landlord shall automatically be entitled to additional Percentage Rent hereunder (or Tenant shall be entitled to a reduction of Percentage Rent) based upon such redetermination applicable to the Percentage Rent Year for which such Percentage Rent should have been paid.
Within thirty (30) days after the end of each Percentage Rent Year, Tenant shall deliver to Landlord a statement signed by an authorized representative of Tenant setting forth Tenant’s gross sales for such Percentage Rent Year.
Buyer shall, within thirty (30) days after receipt by Buyer from an Occupant of any Percentage Rent with respect to the Percentage Rent Year, remit to Seller funds such that Seller will have received that portion that is equal to the number of days that elapsed between the commencement date of the Percentage Rent Year for such Occupant and the Closing Date, over the total number of days in such Percentage Rent Year.
If Seller has received payments of percentage rent based on any Percentage Rent Year in which the Closing Date occurs, in excess of Seller’s share as calculated as set forth above in this Section 6D(1)(d), it shall promptly pay such excess to Buyer.
If such an audit reveals that Tenant has understated its gross sales by more than three percent (3%) for any Percentage Rent Year, Tenant, in addition to paying the additional percentage rent due, shall pay the reasonable cost of the audit within thirty (30) days of Tenant’s receipt of Landlord’s demand for the same and copies of all bills or invoices on which such cost is based.
The first Applicable Percentage Rent Year for which Percentage Rent is payable shall be all of the calendar year in which the Commencement Date occurs notwithstanding that the Commencement Date may occur after the first day of such calendar year.
If Seller has received payments of Percentage Rent based on the Percentage Rent Year in which Closing occurs below its respective share as calculated as set forth above in this Section 7.4.4, then Buyer shall promptly pay such deficiency to Seller.
If a Seller has received payments of percentage rent based on any Percentage Rent Year in which the date of Closing occurs, in excess of such Seller’s share as calculated above, such Seller shall promptly pay such excess to Buyer.