- 32 - Partnership Letter of Credit Although the parties stipulated that the lease agreement set forth as Schedule E a schedule that allocates the rental payments for the entire lease term, specifying the amounts and due dates of such payments, respondent nonetheless argues that if the Court were to hold that the 11.5-month period of zero rent is a reason- able rent holiday described in section 467(b)(5)(C), Partnership would be required for 1988 to accrue rent under section 467(b)(1)(A) in an amount at least equal to the amount of the Partnership letter of credit (viz, $8,872,245) that BCE delivered to Partnership. Because we have some difficulty in understanding respondent's argument, we shall quote it in pertinent part: respondent asserts that the lease allocates at least $8,872,245.00 to the first 11.5 months of the lease by providing for a letter of credit. The letter of credit was delivered by the lessee, BCE, to the petitioner, dated June 15, 1988, in the amount of $8,872,245.00. (Stip. � 26, Jt. Ex. 7-G), and the lease agreement itself [sic]. (Jt. Ex. 9-I). Pursuant to the specific provisions of the lease agreement * * * the lessee is specifically required to deliver a letter of credit to secure payment of the basic rent under the lease in the event the lessee de- faults on its lease payments. Furthermore, the time period covered by this letter of credit is from June 15, 1988, the date the lessee delivered the letter of credit to the petitioner * * * until June 30, 1989. * * *. Not coincidentally, the time period covered by the letter of credit equates to the 11.5-month rent holiday claimed by the petitioner. Clearly, by its very terms, the existence of the letter of credit indicates that rent is not forgiven in the first year of the lease in the event the lessee defaults. Under the lease, the letter of credit se-Page: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
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