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SEC Filings

8-K
FORTERRA, INC. filed this Form 8-K on 06/11/2018
Entire Document
 
 

Section 15.03    Late Fee. If any payment of Base Rent or Additional Rent is not received by Landlord from Tenant when such payment is due to Landlord hereunder, such payment shall be deemed delinquent, and Tenant shall pay to Landlord a late fee of five percent (5%) of each such delinquent payment (the “Late Fee”), due and payable to Landlord simultaneously with the delinquent Base Rent or delinquent Additional Rent, as the case may be.
Section 15.04    Default Rate. If any payment of Base Rent or Additional Rent is not received by Landlord from Tenant when such payment is due to Landlord hereunder, such payment shall bear interest at the rate of the lesser of (x) four percent (4%) over the Prime Rate per annum or (y) the highest rate allowed by applicable Law.
ARTICLE 16
FORCE MAJEURE
If either party is prevented or delayed from timely performance of any obligation or satisfying any condition under this Lease by any event or circumstance beyond the control of such party, exclusive of financial inability of a party, but including any of the following if beyond the control of (and not caused by) such party: strike, lockout, labor dispute, civil unrest, inability to obtain labor, materials or reasonable substitutes thereof, acts of God, present or future governmental restrictions, regulations or control, insurrection, and sabotage, then the time to perform such obligation or satisfy such condition shall be extended by the delay caused by such event or circumstance. The provisions of this Article shall in no event operate to delay the Commencement Date or to excuse Tenant from the payment of all Rent as and when due under this Lease.
ARTICLE 17
NOTICES
(a)    Any notice, demand or other communication to be given under the provisions of this Lease by either party hereto to the other party hereto shall be effective only if in writing and (i) personally served, (ii) mailed by Canadian registered or certified mail, return receipt requested, postage prepaid, (iii) sent by a nationally recognized courier service (such as Federal Express) for next-day delivery, to be confirmed in writing by such courier, or (iv) sent by facsimile (with answer back acknowledged), addressed as follows:
To Tenant:        Forterra Pipe & Precast, Ltd.
511 E. John Carpenter Freeway, Suite 600
Irving, Texas 75062
Attention: Lori Browne
Facsimile: (469) 284-8678
To Landlord:        FORT-NOM HOLDINGS (ONQC) INC.
c/o W. P. Carey Inc.
50 Rockefeller Plaza, 2nd Floor
New York, New York 10020
Attention: Asset Management

With a copy to:        FORT-NOM HOLDINGS (ONQC) INC.
c/o W. P. Carey Inc.
50 Rockefeller Plaza, 2nd Floor
New York, New York 10020
Attention: Legal Transactions Department

-22-    A&R MASTER LAND AND BUILDING LEASE
ACTIVE 230595713