Common use of Return of Investment Clause in Contracts

Return of Investment. The Lessor shall be entitled to a return of its Lessor Investment, in full, together with (1) Lessor’s Gain with respect to such payment to the date of such return, other than in connection with the Return Date in the case of clause (ii) below (in which case, Lessor’s Gain shall be payable from Sale Proceeds in accordance with Section 10.3 hereof), and (2) all other amounts then due and payable by the Lessee hereunder or under the other Operative Documents to the Lessor with respect to the Lessor Investment (but, in the case of clause (ii) below, without duplication of the amounts payable by the Lessee under Section 22.3 of the Lease), upon the first to occur of: (i) the purchase by the Lessee during the Base Term of the Leased Property pursuant to Article XIII, Article XX or Article XXI of the Lease, such return to be due on the date specified in such provisions for payment with respect to such purchase; (ii) the Return Date; and BUSINESS.29620189.12 (iii) following an Event of Default and the exercise of remedies under the Lease.

Appears in 1 contract

Sources: Participation Agreement (Big Lots Inc)

Return of Investment. The Lessor shall be entitled to a return of its Lessor Investment, in full, together with (1) Lessor’s Gain with respect to such payment to the date of such return, other than in connection with the Return Date in the case of clause (ii) below (in which case, Lessor’s Gain shall be payable from Sale Proceeds in accordance with Section 10.3 hereof), and (2) all other amounts then due and payable by the Lessee hereunder or under the other Operative Documents to the Lessor with respect to the Lessor Investment (but, in the case of clause (ii) below, without duplication of the amounts payable by the Lessee under Section 22.3 of the Lease), upon the first to occur of: : (i) the purchase by the Lessee during the Base Term of the Leased Property pursuant to Article XIII, Article XX or Article XXI of the Lease, such return to be due on the date specified in such provisions for payment with respect to such purchase; ; (ii) the Return Date; and BUSINESS.29620189.12 (iii) following an Event of Default and the exercise of remedies under the Lease.and

Appears in 1 contract

Sources: Participation Agreement (Big Lots Inc)