Black out side in the Commercial Lease Agreement

Aug 6th, 2022
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Going dark refers to when a public company becomes a private company. It is also referred to as deregistration. The Securities and Exchange Commission (SEC) regulates how companies can go dark in Rule 12d2-2, requiring them to file a Form 25. going dark | Wex | US Law | LII / Legal Information Institute cornell.edu wex goingdark cornell.edu wex goingdark
Dark Property means Real Property not being operated by the applicable tenant and in respect of which the applicable tenant is paying in full the rent and other amounts due under its lease for such Real Property and is in compliance with its other material obligations under its lease.
Go dark clauses give you the opportunity to vacate an unprofitable space. Together with a co-tenancy clause, they can give you the ability to not just shut down an unprofitable operation but also get out of paying rent for the location.
Dark Tenant means any Person that rents or leases a portion of a Borrowing Base Property and makes rental or lease payments in respect of its interests in such Borrowing Base Property prior to or subsequent to occupying or taking possession of such portion of a Borrowing Base Property, but in no event currently Dark Tenant Definition | Law Insider lawinsider.com dictionary dark-tenant lawinsider.com dictionary dark-tenant
Dark Store Rent means amounts accruing for rent and related amounts in respect of a Dark Store under an Executory Contract and Unexpired Lease for the period on or after the Petition Date through the effective date of rejection of the applicable Executory Contract and Unexpired Lease. Dark Store Rent Definition | Law Insider lawinsider.com dictionary dark-store-rent lawinsider.com dictionary dark-store-rent
The tenants right to cease operations at its leased space while the tenant continues to pay rent. A go dark clause is commonly negotiated in retail leases. The right to go dark provides tenants with maximum flexibility, which is especially important for large national retail tenants.
A continuous operation clause is a provision included in a commercial lease. It outlines terms and conditions under which a business must operate in an effort to prevent the tenant from going dark, or ceasing operations. Continuous Operations Explained - NetSuite netsuite.com resource articles accounting netsuite.com resource articles accounting
A provision highly sought after by tenants, the typical go dark provision allows a tenant to completely cease operations at the premises without being in default of its lease; provided that the tenant is not then currently in default, continues to pay rent to the landlord and meets its other obligations under the

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