- 27 - The purchaser's obligation under the rental purchase agreement to purchase the subject properties was subject to the following condition: Rental of the Properties to individual tenants shall have been arranged, or shall be arranged, upon execution by Purchaser of this Agreement in accordance with the procedures set forth in Exhibit "C," attached hereto and by this reference made a part hereof. According to exhibit C, in the event that EPIC had not leased all of the properties as of the closing date, then Babcock agreed to pay to the purchaser an amount equal to three times the monthly fair market rent of each property not leased as of the closing date as a nonrefundable contribution toward the expense of listing, showing, and leasing such property after the closing date. We refer to this amount as the rent advance. Under the rental purchase agreement, Babcock agreed to pay to EPIC 6.8 percent of the purchase price of each property on the closing date. We refer to this amount as the builder fee. The agreement further requires as a condition to the purchaser's obligation under the agreement that Babcock pay to the purchaser 19.455 percent of the purchase price of each property "as a contribution towards rental deficits (referred to as the Rental DeficitPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011