Common use of Sales Based Tenant Charges Clause in Contracts

Sales Based Tenant Charges. Sales Based Tenant Charges which are -------------------------- payable with respect to any period ending prior to the Closing Date or which have been accrued prior to the Closing Date shall not be apportioned as of the Closing Date. In lieu thereof, such amounts shall be apportioned, after the Closing Date, so that the amount thereof under each of the Leases to which Seller shall be entitled, as finally determined, shall be the entire amount thereof with respect to any fiscal period ending prior to the Closing Date, and, for the Applicable Closing Fiscal Period, an amount which bears the same ratio to the total Sales Based Tenant Charges as the number of days in the Applicable Closing Fiscal Period which have elapsed prior to the Closing Date bears to the total number of days in the Applicable Closing Fiscal Period. At the Closing, Seller shall deliver to Purchaser a true and correct schedule setting forth in reasonable detail and certifying the amount of Sales Based Tenant Charges collected for the portion of the Applicable Closing Fiscal Period through the Closing Date.

Sales Based Tenant Charges. Sales Based Tenant Charges which are -------------------------- payable with respect to any period ending prior to the Closing Adjustment Date or which have been accrued prior to the Closing Adjustment Date shall not be apportioned as of the Closing Adjustment Date. In lieu thereof, such amounts shall be apportioned, after the Closing DateDate and after final determination thereof, so that the amount thereof under each of the Leases to which Seller Contributor shall be entitled, as finally determined, entitled shall be the entire amount thereof with respect to any fiscal period ending prior to the Closing Adjustment Date, and, for the Applicable Closing Fiscal Period, an amount which bears the same ratio to the total Sales Based Tenant Charges as the number of days in the Applicable Closing Fiscal Period which have elapsed prior to the Closing Adjustment Date bears to the total number of days in the Applicable Closing Fiscal Period. At the Closing, Seller Contributor shall deliver to Purchaser the Partnership a true and correct schedule statement setting forth in reasonable detail and certifying the amount of Sales Based Tenant Charges collected for the portion of the Applicable Closing Fiscal Period through a date not more than 30 days prior to the Closing Date and a good faith estimate of such amounts collected through the Closing Date.

Sales Based Tenant Charges. Sales Based Tenant Charges which are -------------------------- payable with respect to any period ending prior to the Closing Adjustment Date or which have been accrued prior to the Closing Adjustment Date shall not be apportioned as of the Closing Adjustment Date. In lieu thereof, such amounts shall be apportioned, after the Closing DateDate and after final determination thereof, so that the amount thereof under each of the Leases to which Seller Contributor shall be entitled, as finally determined, entitled shall be the entire amount thereof with respect to any fiscal period ending prior to the Closing Date, and, for the Applicable Closing Fiscal Period, an amount which bears the same ratio to the total Sales Based Tenant Charges as the number of days in the Applicable Closing Fiscal Period which have elapsed prior to the Closing Adjustment Date bears to the total number of days in the Applicable Closing Fiscal Period. At the Closing, Seller Contributor shall deliver to Purchaser the Partnership a true and correct schedule statement setting forth in reasonable detail and certifying the amount of Sales Based Tenant Charges collected for the portion of the Applicable Closing Fiscal Period through a date not more than 30 days prior to the Closing Date and a good faith estimate of such amounts collected through the Closing Date.