Examples of Sales Breakpoint in a sentence
Said payments of Percentage Rent shall be calculated by multiplying (i) the amount of the excess of year-to-date Gross Sales over the Year-to-Date Gross Sales Breakpoint, by (ii) the percentage specified in Section 1.15, and (iii) deducting therefrom the payments of Percentage Rent, if any, made by Tenant in the previous months of the Lease Year in question.
In addition to the Annual Rental, Additional Rent and other sums specified herein, Tenant shall pay percentage rent each year commencing in the month in which the annual Gross Sales Breakpoint is exceeded (hereinafter "Percentage Rental") calculated as a percentage of Tenant's "Gross Sales" (as that term is defined in Article VI) made from or upon the Premises during each calendar year or pro ration thereof.
If Tenant was not liable for Percentage Rental during said 12 month period prior to the name change, then there shall be no adjustment to Tenant's Annual Gross Sales Breakpoint.
In the event Tenant has not met the Gross Sales Breakpoint (as defined in Section 1.8 and adjusted per Section 5.3 each year of the Lease Term) required for the preceding (12) month period, then the option to extend is personal to Tenant and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Tenant.
Percentage Rent shall be determined and payable monthly on or before the tenth (10th) day following the close of each and every full calendar month of the Term during which the amount of Tenant's year-to-date Gross Sales exceeds Tenant's year-to-date Gross Sales Breakpoint.
Tenant shall account for and pay Percentage Rental on any Gross Sales during any partial calendar month or partial calendar year at the beginning or end of the Lease Term in the same manner based on a pro rated Gross Sales Breakpoint calculated on the basis of the number of days in such partial calendar month or year divided by thirty (30) or three hundred sixty-five (365), as the case may be.
In addition to the payment of Minimum Rent, Tenant covenants and agrees to pay to Landlord, without notice or demand, at Landlord's Address for notice, an amount, if any, equal to the Percentage Rent Rate applied against that portion of Tenant's Adjusted Gross Sales during each Lease Year or Partial Lease Year in excess of the Sales Breakpoint for such period (hereinafter referred to as "Percentage Rent").
If Minimum Rent for any Lease Year or Partial Lease Year is reduced or abated for any reason, the Sales Breakpoint shall be reduced in direct proportion to the reduction or abatement of Minimum Rent for the period of time that such reduction or abatement of Minimum Rent is in effect.
If actual Store Floor Area is modified in accordance with Section 2.l, the Minimum Annual Rent (Break Points are not related to Minimum Rent or Store Floor Area) and the Sales Breakpoint shall be deemed automatically increased or decreased based upon the Store Floor Area as thus determined, and any overpayments or underpayments of Minimum Monthly Rent (Break Points are not related to Minimum Rent or Store Floor Area) and Percentage Rent to Landlord shall be adjusted accordingly.
If, after 180 days, this Lease is not terminated under Section 15.01, then for the duration of any period of use of the Premises by the requisitioning authority, all the terms and provisions of this Lease shall remain in full force and effect, except that the Minimum Rent and Sales Breakpoint shall be reduced in the same proportion that the leasable area of the Premises requisitioned bears to the total leasable area of the Premises.