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SEC Filings

10-K
CINEMARK HOLDINGS, INC. filed this Form 10-K on 02/23/2018
Entire Document
 

 

Rent” shall mean, collectively, Base Rent, Percentage Rent, Additional Rent, and all other charges payable by Tenant hereunder.

“Restoration Work” shall have the meaning given such term in Section 16.1.

“Satellite Dish” shall have the meaning given such term in Section 15.6.

“Seasonal Period” shall mean (a) the period beginning on May 2 through Labor Day, and (b) the period beginning on the Friday after the first Thursday in November and ending on January 20 next following.

Site Plan” shall mean (collectively) the site plan for the Center that is attached hereto as Exhibit A, subject to Section 2.2.

“Substantial Casualty” shall have the meaning given such term in Section 16.3.

Taking” shall have the meaning given such term in Section 17.1.

“Tax Base Year” shall have the meaning given such term in Section 6.2.

Tax Year” shall mean, in general, the fiscal year for Real Estate Tax purposes established, from time to time, by a taxing authority having jurisdiction over any part of the Center.  In any particular reference in Article 6, however, “Tax Year” shall mean that portion (or the whole) of the taxing authority’s fiscal year falling within the Term and shall never be deemed to refer to any portion of any such fiscal year falling outside the Term.  As of the Effective Date, the Tax Year for the municipality in which the Premises are located is the twelve (12) month period beginning July 1st.  As used herein, Real Estate Taxes “for” a particular Tax Year shall mean the Real Estate Taxes that are payable during such Tax Year, regardless of when such Real Estate Taxes accrue.

Tenant Affiliate” shall mean an entity that controls, is controlled by, or is under common control with Tenant; for purposes of this definition, control shall mean the direct or indirect ownership of more than fifty percent (50%) of the beneficial interest in the entity in question.

“Tenant’s Architect” shall have the meaning given such term in Section 3.1.

Tenant’s CAM Contribution” shall mean the amounts payable by Tenant to Landlord in respect of Common Area Expenses pursuant to Article 5.

Tenant’s Environmental Acts” shall have the meaning given such term in Section 19.1.

Tenant’s Plans” shall mean the Preliminary Building Plans and the Final Building Plans, collectively.

Tenant’s Pro Rata Share” shall mean a fraction, the numerator of which shall be the Floor Area of the Premises and the denominator of which shall be the greater of (i) the actual Floor Area of the Center, whether or not leased or occupied, subject to Section 5.8 and Section 6.2, or (ii) the Minimum Center Floor Area, subject to Section 5.8 and Section 6.2.

Tenant’s Property” shall have the meaning given such term in Section 10.3.

Tenant’s Signs” shall have the meaning given such term in Section 15.1 hereof.

Tenant’s Tax Contribution” shall mean the amounts payable by Tenant in respect of Real Estate Taxes pursuant to Article 6 hereof.

“Tenant’s Tax Parcel” shall mean, if Landlord elects to cause Tenant’s Tax Parcel to be separately assessed for Real Estate Tax purposes, the Premises and the adjacent area which shall contain four hundred seventy-one (471) parking spaces, may contain no other building improvements (other than the Building) and shall be in the location as depicted as “Tenant’s Tax Parcel” on Exhibit A attached hereto.  

Tenant’s Work” shall have the meaning given such term in the Work Letter.