Common use of CONDITIONAL LIMITATIONS Clause in Contracts

CONDITIONAL LIMITATIONS. This Sublease and the demised term are subject to the limitation that if, at any time prior to or during the term, any one or more of the following events (herein called an "event of default") shall occur, that is to say: (a) If Subtenant shall make an assignment for the benefit of its creditors; or (b) If the subleasehold estate hereby created shall be taken on execution or by other process of law; or (c) If any petition shall be filed against Subtenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Subtenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings shall not be dismissed within ninety (90) days after the institution of the same, or if any such petition shall be so filed by the Subtenant; or (d) If in any proceedings a receiver or trustee be appointed for Subtenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after the appointment of such receiver or trustee; or (e) If Subtenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or (f) If Subtenant shall fail to pay any installment of the Fixed Rent or any part thereof when the same shall become due and payable, and such failure shall continue for ten (10) days after notice from Sublandlord; or (g) If Subtenant shall fail to pay any other charge required to be paid by Subtenant hereunder, and such failure shall continue for ten (10) days after notice thereof from Sublandlord to Subtenant; or (h) If Subtenant shall fail to perform or observe any other requirement of this Sublease (not hereinbefore in this paragraph specifically referred to) on the part of Subtenant to be performed or observed, and such failure shall continue for thirty (30) days after notice thereof from Sublandlord to Subtenant;

CONDITIONAL LIMITATIONS. This Sublease and the demised term are subject to the limitation that if, at any time prior to or during the term, A) If any one or more of the following events (herein called an "event “Events of default"Default”) shall occur, that is to sayhappen: (a1) If Subtenant shall make an assignment for the benefit of its creditors; or (b) If the subleasehold estate hereby created shall be taken on execution or by other process of law; or (c) If any petition shall be filed against Subtenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Subtenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings shall not be dismissed within ninety (90) days after the institution of the same, or if any such petition shall be so filed by the Subtenant; or (d) If in any proceedings a receiver or trustee be appointed for Subtenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after the appointment of such receiver or trustee; or (e) If Subtenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or (f) If Subtenant TENANT shall fail to pay make any installment payment of the Fixed Rent or any part thereof base rent owed under this lease when the same shall become due and payable, payable and such failure shall continue for ten (10) days after notice from Sublandlord; or (g) If Subtenant shall fail to pay any other charge required to be paid by Subtenant hereunder, and such failure shall continue for payment has not been made within ten (10) days after notice thereof from Sublandlord OWNER to Subtenant; orTENANT of non-payment; (h2) If Subtenant TENANT shall fail to make any payment of additional rent owed under this Lease when due and payable and such payment is not made within ten (10) days after notice thereof from OWNER to TENANT; 3) If TENANT shall fail to perform or observe comply with any of the covenants, agreements, terms or conditions contained in this lease other requirement than those referred to in the foregoing sub-paragraphs 1 or 2 of this Sublease (not hereinbefore in this paragraph specifically referred to) on the part of Subtenant to be performed or observed, Section and such failure shall continue for a period of thirty (30) days after notice thereof from Sublandlord OWNER to SubtenantTENANT, or in the case of a default or a contingency which cannot with due diligence be cured within such period of thirty (30) days, if TENANT shall fail to commence to cure the same and thereafter to prosecute the curing of such default with due diligence (it being intended that in connection with a default not susceptible of being cured with due diligence within thirty (30) days that the time of TENANT within which to cure the same shall be extended for such period as may be necessary to complete the same with due diligence); Then and in any such event OWNER, at any time thereafter, may give written notice to TENANT specifying such event(s) of default and stating that this lease and the term hereby demised shall expire and terminate on the date specified in such notice, which shall be at least seven (7) days after the giving of such notice, and upon the date specified in such notice this lease and the term hereby demised and all rights of TENANT under this lease shall expire and terminate as fully and completely as if said date were the date herein originally fixed for the expiration of this lease; B) Upon any termination of this lease pursuant to paragraph A of this Section, or any termination by summary proceedings or otherwise, TENANT shall quit and peacefully surrender the premises to OWNER, without any payment therefor by OWNER, and OWNER, upon or at any time after any such termination may, without further notice, enter upon and re-enter the premises and possess and re-possess itself thereof, summary proceedings, ejectment or as otherwise permitted by law, and may dispossess TENANT and remove TENANT and all other persons and property from the premises and may have, hold and enjoy the premises and the right to receive all rental income of and from the same. C) After any termination pursuant to paragraph A of this Section, or any termination by summary proceedings or otherwise, (a) all sums payable by TENANT hereunder up to the time of such termination shall become due thereupon and be paid, (b) at OWNER’S option, either (i) there shall immediately become due from TENANT or the legal representatives of TENANT the aggregate amount of base rent and additional rent which would have been payable by TENANT for the period commencing with such termination and ending on the originally fixed expiration date of the lease, less the fair rental value of the demised premises for such period, such difference being discounted to present value at a commercially reasonable interest rate, or (ii) TENANT may ▇▇▇ for the base rent and the additional as it comes due or would have come due had this lease not been terminated and, in either case, OWNER shall be entitled to receive from TENANT all costs and expenses of putting the property in good order, or for preparing the same for re-rental, plus reasonable attorneys’ fees and costs and disbursements for the collection of such amount which amount plus such reasonable attorneys’ and brokerage fees, costs and disbursements shall constitute additional rent.

CONDITIONAL LIMITATIONS. (a) This Sublease Lease and the demised term terms are subject to the limitation that if, at any time prior to or during the term, any one or more of the following events (herein called an "event of default") shall occur, that is to say: (ai) If Subtenant Tenant shall make an assignment for the benefit of its creditors; or (bii) If the subleasehold leasehold estate hereby created shall be taken on execution or by other process of law; or (ciii) If any petition shall be filed against Subtenant Tenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Subtenant Tenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings shall not be dismissed within ninety (90) days after the institution of the same, or if any such petition shall be so filed by the SubtenantTenant; or (div) If in any proceedings a receiver or trustee be appointed for SubtenantTenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after the tine appointment of such receiver or trustee; or (ev) If Subtenant Tenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or (fvi) If Subtenant Tenant shall be in default of any other lease that Tenant is a party to with Landlord or an affiliate of Landlord; or (vii) If Tenant shall fail to pay any installment of the Fixed Monthly Rent or any part thereof when the same shall become due and payable, and such failure shall continue for ten Five (105) days after without notice from Sublandlordlandlord; or (gviii) If Subtenant Tenant shall fail to pay any other outer charge required to be paid by Subtenant Tenant hereunder, and such failure shall small continue for ten Five (105) days after notice thereof from Sublandlord to SubtenantLandlord; or (hix) If Subtenant Tenant shall fail to timely deliver to Landlord any Subordination Agreement or any Estoppel Certificate, as required hereunder; or (x) Tenant fails to perform or observe any other requirement of this Sublease 1.ease (not hereinbefore in this paragraph specifically referred to) on the part pant of Subtenant Tenant to be performed or observed, observed and such failure shall continue continues for thirty (30) days after receipt of notice thereof from Sublandlord Landlord to Subtenant;Tenant. (b) This Lease and the term are expressly subject to the conditional limitation that upon the happening of any one or more of the aforementioned events of default, Landlord, in addition to the other rights and remedies it may have, shall have the right to immediately declare this Lease terminated and the term ended, in which event all of the right, title and interest of Tenant hereunder shall wholly cease and expire upon service by Landlord of a Notice of Termination. Tenant shall then quit and surrender the Premises to Landlord in the manner and under the conditions as provided for under this Lease, but Tenant shall remain liable as hereinafter provided.

CONDITIONAL LIMITATIONS. This Sublease Lease and the demised Lease term are subject to the limitation that if, at any time prior to or during the Lease term, any one or more of the following events (herein called an "“event of default"”) shall occur, that is to say: (a) If Subtenant Tenant shall make an assignment for the benefit of its creditors; , or (b) If the subleasehold leasehold estate hereby created shall be taken on execution or by other process of law; , or (c) If any petition shall be filed against Subtenant Tenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, arrangement or insolvency proceedings, and Subtenant Tenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings shall not be dismissed within with ninety (90) days after the institution of the same, ; or if any such petition shall be so filed by the SubtenantTenant; or (d) If in any proceedings a receiver or trustee be appointed for Subtenant's Tenant’s property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after the appointment of such receiver or trustee; or (e) If Subtenant Tenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more than thirty (30) days; or (f) If Subtenant Tenant shall fail to pay any installment of the Fixed Rent rent, or additional rent or any part thereof when the same shall become due and payable, and such failure shall continue for ten (10) days after written notice thereof from SublandlordLandlord is received or refused by Tenant; or (g) If Subtenant Tenant shall fail to pay any other charge required to be paid by Subtenant Tenant hereunder, and such failure shall continue for ten (10) days after written notice thereof from Sublandlord to SubtenantLandlord is received or refused by Tenant; or (h) If Subtenant Tenant shall fail to perform or observe any other requirement of this Sublease Lease (not hereinbefore in this paragraph specifically referred to) on the part of Subtenant Tenant to be performed or observed, and such failure shall continue for thirty (30) days after written notice thereof from Sublandlord Landlord is received or refused by Tenant (unless such failure cannot be cured within thirty (30) days after written notice from Landlord to Subtenant;Tenant in which event the Tenant shall not be in default if Tenant commences to cure the failure within the thirty [30]day period and proceeds diligently thereafter to effect a cure within not more than ninety [90] days); then, upon the happening of any one or more of the aforementioned events of default, and the expiration of the period of time prescribed in any such notice of default, Landlord may give Tenant a written notice (hereinafter called “Notice of Termination”) of Landlord’s intention to end the term of the Lease at the expiration of ten (10) days from the date of such Notice of Termination, and at the expiration of such ten (10) days, this Lease and the term hereof, as well as all of the right, title and interest of Tenant hereunder, shall wholly cease and expire in the same manner and with the same force and effect as if the date of expiration of such ten (10) day period were the date originally specified herein for the expiration of the Lease and the Lease term, and Tenant shall then quit and surrender the Premises to Landlord, but Tenant shall remain liable as hereinafter provided.

CONDITIONAL LIMITATIONS. This Sublease and the demised term are subject to the limitation that if, Section 16.01. If at any time prior to or during the term, any one or more term of the following events (herein called an "event of default") shall occur, that is to saythis Lease: (a) If Subtenant Tenant shall file a petition in bankruptcy or insolvency or for reorganization or arrangement or for the appointment of a receiver of all or a portion of Tenant's property, or (b) Any petition of the kind referred to in subdivision (a) of this Section shall be filed against Tenant and such petition shall not be vacated, discharged or withdrawn within ninety (90) days, or (c) Tenant shall be adjudicated a bankrupt by any court, or (d) Tenant shall make an assignment for the benefit of its creditors; , or (be) If the subleasehold estate hereby created a permanent receiver shall be taken on execution or appointed for the property of Tenant by other process order of law; or a court of competent jurisdiction by reason of the insolvency of Tenant (c) If any petition except where such receiver shall be filed against Subtenant appointed in any courtan involuntary proceeding, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement, or insolvency proceedings, and Subtenant shall thereafter be adjudicated bankrupt, or such petition shall be approved by the court, or the court shall assume jurisdiction of the subject matter and if such proceedings he shall not be dismissed withdrawn within ninety (90) days after the institution date of his appointment), then Landlord, at Landlord's option, may terminate this Lease on five (5) days' notice to Tenant, and upon such termination, Tenant shall quit and surrender the Demised Premises to Landlord. (a) If Tenant assumes this Lease and proposes to assign the same pursuant to the provisions of the sameUnited States Bankruptcy Code (the "Bankruptcy Code") to any person or entity who shall have made a bona fide offer to accept an assignment of this Lease on terms acceptable to Tenant, or if any then notice of such petition proposed assignment, setting forth (i) the name and address of such person, (ii) all of the terms and conditions of such offer, and (iii) the adequate assurance to be provided Landlord to assure such person's future performance under the Lease, including, without limitation, the assurance referred to in section 365(b)(1) of the Bankruptcy Code, shall be so filed given to Landlord by the Subtenant; or Tenant not later than twenty (d) If in any proceedings a receiver or trustee be appointed for Subtenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (9020) days after the appointment of such receiver or trustee; or (e) If Subtenant shall vacate or abandon the Premises and permit the same to remain unoccupied or closed for business for more receipt by Tenant but in no event later than thirty (30) days; or (f) If Subtenant shall fail to pay any installment of the Fixed Rent or any part thereof when the same shall become due and payable, and such failure shall continue for ten (10) days after prior to the date that Tenant shall make application to a court of competent jurisdiction for authority and approval to enter into such assignment and assumption, and Landlord shall thereupon have the prior right and option, to be exercised by notice from Sublandlord; or (g) If Subtenant shall fail to pay Tenant given at any other charge required time prior to the effective date of such proposed assignment, to accept an assignment of this Lease upon the same terms and conditions and for the same consideration, if any, as the bona fide offer made by such person, less any brokerage commissions which may be payable out of the consideration to be paid by Subtenant hereunder, and such failure shall continue person for ten (10) days after notice thereof from Sublandlord to Subtenant; orthe assignment of this Lease. (hb) If Subtenant this Lease is assigned to any person or entity pursuant to the provisions of the Bankruptcy Code, any and all monies or other considerations payable or otherwise delivered in connection with such assignment shall fail be paid or delivered to perform Landlord, shall be and remain the exclusive property of Landlord and shall not constitute property of Tenant or observe of the estate of Tenant within the meaning of the Bankruptcy Code. Any and all monies or other considerations constituting Landlord's Property under the preceding sentence not paid or delivered to Landlord shall be held in trust for the benefit of Landlord and shall be promptly paid to Landlord. (c) Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on and after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption. (d) Nothing contained in this Section shall, in any other requirement way, constitute a waiver of the provisions of this Sublease Lease relating to assignment. Tenant shall not, by virtue of this Section, have any further rights relating to assignment other than those granted in the Bankruptcy Code. (not hereinbefore e) Notwithstanding anything in this paragraph specifically referred toLease to the contrary, all amounts payable by Tenant to or on behalf of Landlord under this Lease, whether or not expressly denominated as rent, shall constitute rent for the purposes of Section 502(b)(6) on of the part Bankruptcy Code. (f) The term "Tenant" as used in this Section includes any guarantor of Subtenant to be performed this Lease, or observedany, and such failure shall continue for thirty (30) days after notice thereof from Sublandlord to Subtenant;trustee, debtor in possession, receiver, custodian or other similar officer.