Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of this Lease by Tenant: (a) Tenant fails to pay any Base Rent, or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than ten (10) days after the date such rent becomes due and payable; or (b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or (c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or (d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or (e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658 (f) Tenant abandons the Premises.
Appears in 4 contracts
Sources: Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp), Enhanced Use Lease (Bloom Energy Corp)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, or other amount of money or monetary charge payable by due from Tenant hereunder as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provisions, conditions or covenant of this Lease Lease, other than as described in Section 8.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProject;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant’s debts or obligations or to reorganize or modify Tenant’s capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within sixty (ii60) makes days thereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of any substantial part its properties;
(g) Tenant shall fail to take initial occupancy of Tenant’s propertythe Premises; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(fh) Tenant abandons shall do or permit to be done anything which creates a lien upon the PremisesPremises or the Project.
Appears in 4 contracts
Sources: Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC), Lease Agreement (Viamet Pharmaceuticals Holdings LLC)
Default by Tenant. The occurrence of any one or more Each of the following events (“Event of Default”) shall constitute a breach of this Lease "Default" by Tenant:
(a) The failure of Tenant fails to pay the Base Rent, any Base other installment of Rent, or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than ten (10) days after the date such rent becomes due and payablepart thereof when due; or
(b) Tenant fails shall fail to perform fulfill or breaches perform, in whole or in part, any other agreement or covenant of its obligations under this Lease to be performed (other than the payment of Rent or observed by Tenant as and when performance or observance is due set forth in Section 9.02) and such failure or breach continues non-performance shall continue for more than ten a period of fifteen (1015) days after Landlord gives written notice thereof has been given by Landlord to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) The entry of a decree or order by a court having jurisdiction adjudging Tenant (i) filesto be bankrupt or insolvent or approving as properly filed a petition seeking reorganization of Tenant under the United States Bankruptcy Code, or consents by answer any other similar applicable Federal or otherwise State law, or a decree or order of a court having jurisdiction for the appointment of a receiver or liquidator or a trustee or assignee in bankruptcy or insolvency of Tenant or its property or for the winding up or liquidation of its affairs; or Tenant shall institute proceedings to be adjudicated a voluntary bankrupt or shall consent to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency reorganization, receivership or other debtors’ relief law of proceeding against Tenant, or any jurisdiction, such proceedings shall be instituted against Tenant and the same shall not be vacated within thirty (ii30) makes days after the same are commenced; or
(d) Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court 's creditors or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect admit in writing Tenant's inability to pay the debts of Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenantgenerally as they may become due; or
(e) This Lease Tenant shall desert or vacate or shall commence to desert or vacate the Premises or any estate substantial portion of the Premises or shall remove or attempt to remove, without the prior written consent of Landlord, all or a substantial value of Tenant's personal property from the Premises; or
(f) Tenant hereunder is levied shall do or permit to be done anything which creates a lien upon under the Premises or any attachment or execution and such attachment or execution is not vacated portion of the Project; or
(g) Tenant shall fail to take possession of the Premises within thirty (30) daysdays after Landlord notifies Tenant that the same are ready for occupancy; or BE 543 154 EUL Final 120511 SAA2 – 402658or
(fh) The failure of Tenant abandons the Premisesto timely comply with all provisions of Section 9.02 or to continuously maintain all required Tenant Insurance.
Appears in 3 contracts
Sources: Lease Agreement, Lease Agreement, Lease Agreement
Default by Tenant. The occurrence Tenant shall create, and there shall exist, an event of any one or more of the following events default (herein called an “Event of Default”) shall constitute a breach of under this Lease by TenantAgreement if:
(aA) Tenant fails shall fail to pay any installment of Base Rent, or any additional rent under section 3.1, or other amount of money or charge payable Rent required to be paid by Tenant and such failure continues for more than within ten (10) days after the date such rent becomes same shall become due and payablefor payment; or
(bB) Tenant fails shall fail in any material respect to perform or breaches comply with any other agreement or covenant obligation of Tenant under this Lease to be performed or observed by Tenant as and when performance or observance is due Agreement, and such failure is not performed or breach continues for more than ten corrected within thirty (1030) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenantdefault from Landlord (or, if such failure is not capable of being performed or breach cannot reasonably be cured corrected within such period of ten thirty (1030) daysday period, an Event of Default if Tenant shall not exist as long as Tenant commences commence the correction of such default within thirty (30) days after notice of such default from Landlord and proceed with due diligence and dispatch to complete such correction within a reasonable time, but in no event longer than ninety (90) days from the curing notice of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breachdefault); or
(cC) Tenant (i) files, or consents by answer or otherwise to the filing against it of, shall make a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an general assignment for the benefit of its creditors, or (iii) consents to if Tenant’s interest in the appointment of a custodian, receiver, trustee Premises is sold upon execution or other officer with similar powers of Tenant or of any substantial part of Tenant’s propertylegal process; or
(dD) Without consent Tenant shall suffer a receiver to be appointed in any action or proceeding by ▇▇▇▇▇▇, a court or government authority enters an orderagainst Tenant, and such order appointment is not vacated stayed or discharged within thirty sixty (3060) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s propertydays after the commencement thereof, or (ii) constituting an order for relief or approving if Tenant is a petition for relief or reorganization or arrangement or debtor in any other petition in bankruptcy or for liquidation or insolvency proceeding conducted pursuant to take advantage the laws of any bankruptcy, insolvency state or other debtors’ relief law of a political subdivision of any jurisdictionstate and such proceeding is not stayed or discharged within sixty (60) days after the commencement thereof, or (iii) ordering if Tenant shall be or become, either voluntarily or involuntarily, a debtor in any case commenced under the dissolutionprovisions of the U.S. Bankruptcy Code, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution as amended, and such attachment or execution case is not vacated stayed or discharged within thirty sixty (3060) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons days after the Premisescommencement thereof.
Appears in 2 contracts
Sources: Lease Agreement (Air Transport Services Group, Inc.), Lease Agreement (Air Transport Services Group, Inc.)
Default by Tenant. The occurrence of any one or more of the ----------------- following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, or other amount of money or monetary charge payable by due from Tenant hereunder as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provisions, conditions or covenant of this Lease Lease, other than as described in Section 8.1(a), -------------- or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProject;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within thirty (ii30) makes days hereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of any substantial part of Tenant’s propertyits properties; or
(dg) Without consent by ▇▇▇▇▇▇, a court Tenant shall abandon the Premises or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part portion thereof for any reason other than destruction or condemnation of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.
Appears in 2 contracts
Sources: Lease Agreement (Network Access Solutions Corp), Lease Agreement (Network Access Solutions Corp)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, or other amount of money or monetary charge payable by due from Tenant hereunder as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provisions, conditions or covenant of this Lease Lease, other than as described in Section 12.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProperty;
(c) A Transfer shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant’s debts or obligations or to reorganize or modify Tenant’s capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within thirty (ii30) makes days thereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) Tenant shall desert, abandon or vacate the Premises or any substantial part portion thereof and ceases paying Rent hereunder or fails to operate its business in the Premises for any reason other than destruction or condemnation of Tenant’s propertythe Premises; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(fh) Tenant abandons shall do or permit to be done anything which creates a lien upon the PremisesPremises or the Property.
Appears in 2 contracts
Sources: Lease Agreement (Roberts Realty Investors Inc), Lease Agreement (Roberts Realty Investors Inc)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay perform, observe or comply with any Base Rentof the terms, provisions, agreements, covenants or any additional rent under section 3.1conditions of this Lease (other than the failure specified in Section 18.1 hereof), or other amount of money or charge payable by Tenant and such failure continues continuing for more than ten (10) days after the date written notice from Landlord of such rent becomes due and payable; orfailure;
(b) Tenant fails shall fail to perform pay to Landlord any Rent or breaches any other agreement or covenant of this Lease to be performed or observed by monetary charge due from Tenant hereunder as and when performance or observance is due and payable and such failure or breach continues continuing for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by from the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; ordate it is due;
(c) Tenant shall Transfer this Lease or all of a part of the Leased Premises without the prior written approval of Landlord, except as provided for herein;
(id) files, The interest of Tenant under this Lease shall be levied on under execution or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other legal process;
(e) Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdiction, Tenant;
(iif) makes Tenant shall make an assignment for the benefit of its creditors, or Tenant shall make a transfer in fraud of creditors, or a receiver or trustee shall be appointed for Tenant or any of its properties;
(iiig) consents to the appointment The termination, dissolution or liquidation of Tenant if Tenant is a custodiancorporation, receiver, trustee partnership or other officer with similar powers of Tenant or of any substantial part of Tenant’s propertyentity; or
(dh) Without consent by ▇▇▇▇▇▇Notwithstanding anything to the contrary set forth in this Lease, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial default on the part of Tenant’s property, or Tenant under that certain Adjacent Property Lease (iias defined in Article XXII) constituting an order for relief or approving shall constitute a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering default on the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate part of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premisesof this Lease.
Appears in 2 contracts
Sources: Lease Agreement (Ricks Cabaret International Inc), Lease Agreement (Ricks Cabaret International Inc)
Default by Tenant. The occurrence Tenant shall create, and there shall exist, an event of any one or more of the following events default (“herein called an "Event of Default”") under this Lease Agreement if:
(A) Tenant shall constitute a breach fail to pay any installment of Base Rent or other amounts required to be paid or expended by it under the provisions of this Lease Agreement, including, but not limited to, taxes, insurance premiums and/or costs of indemnity required to be paid by Tenant:
(a) Tenant fails to pay any Base Rent, or any additional rent under section 3.1, or other amount of money or charge payable by Tenant when the same shall become due for payment and if such failure continues default shall remain uncured for more than ten (10) consecutive business days after the date notice of such rent becomes due and payabledefault shall have been given to Tenant by Landlord; or
(bB) Tenant fails shall fail to perform or breaches comply with any other agreement or covenant non-monetary obligation of Tenant under this Lease to be performed or observed by Agreement, and if Tenant as and when performance or observance is due and shall not commence the correction of such failure or breach continues for more than ten default within thirty (1030) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default default from Landlord and shall not exist as long as Tenant commences proceed with due diligence and dispatch the curing of to complete such failure or breach correction within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breacha reasonable time; or
(cC) Tenant (i) files, or consents by answer or otherwise to the filing against it of, shall make a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an general assignment for the benefit of its creditors, or (iii) consents to if Tenant's interest in the appointment of a custodian, receiver, trustee Premises is sold upon execution or other officer with similar powers of Tenant or of any substantial part of Tenant’s propertylegal process; or
(dD) Without consent Tenant shall suffer a receiver to be appointed in any action or proceeding by ▇▇▇▇▇▇, a court or government authority enters an orderagainst Tenant, and such order appointment is not vacated stayed or discharged within thirty sixty (3060) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s propertydays after the commencement thereof, or (ii) constituting an order for relief or approving if Tenant is a petition for relief or reorganization or arrangement or debtor in any other petition in bankruptcy or for liquidation or insolvency proceeding conducted pursuant to take advantage the laws of any bankruptcy, insolvency state or other debtors’ relief law of a political subdivision of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution state and such attachment or execution proceeding is not vacated stayed or discharged within thirty sixty (3060) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.days after the
Appears in 1 contract
Default by Tenant. The occurrence It shall be an event of any one or more of the following events (“Event of Default”) default and shall constitute be ----------------- considered a breach of this Lease by TenantTenant if one or any of the following should occur:
(a) A. If Tenant fails to pay any shall default in the payment of the Base Rent, or any additional rent under section 3.1, Rent or other amount of money or charge payable by Tenant payment when due as herein provided, and such failure continues default shall continue for more than ten a period of seven (107) days or more; or if default shall be made in any of the other covenants, agreements, conditions or undertakings herein required to be kept, observed and performed by Tenant, and such other default shall continue for thirty (30) days after the date such rent becomes due and payablenotice thereof in writing to Tenant; or
B. Tenant shall file a petition in voluntary or reorganization bankruptcy or under any applicable Chapters of the Federal Bankruptcy Act or any similar law, state or federal, whether now or hereafter existing, or an answer admitting insolvency or inability to pay its debts, or fail to obtain a vacation or stay of involuntary bankruptcy proceedings within sixty (b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (1060) days after Landlord gives written notice thereof to Tenant; as hereinafter provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) C. Tenant (i) filesshall be adjudicated a bankrupt, or consents by answer a trustee or receiver shall be appointed for Tenant or for all or the major part of any of their property in any involuntary proceedings; or any court shall have taken jurisdiction of the major part of the property of Tenant in any involuntary proceedings for reorganization, dissolution, liquidation or winding up of Tenant, and such jurisdiction relinquished or vacated or stayed on appeal or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, within sixty (ii60) makes days; or
D. Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, E. Tenant shall vacate or abandon the Leased Premises for a court or government authority enters an order, and such order is not vacated within period of thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more Each of the following events (“acts or omissions of Tenant, or occurrences shall constitute an "Event of Default”":
(1) Failure or refusal by Tenant to timely pay rent or other payments hereunder, if such failure or refusal continues for more than five (5) days after written notice thereof is provided by Landlord; provided, however, Landlord shall constitute a breach not be required to provide notice of late payment of rent (Base Rent and/or Additional Rent) to Tenant more than two (2) times during any Lease Year. In addition, Landlord shall have no duty to invoice Tenant for rent payments due hereunder;
(2) Failure to perform or observe any other covenant or condition of this Lease by Tenant:, upon the expiration of a period of thirty (30) days following written notice to Tenant of such failure;
(a3) Tenant fails to pay any Base Rentshall vacate or abandon the Leased Premises, or any additional rent under section 3.1significant portion thereof, without payment of rent, or other amount Tenant shall fail to take possession of money or charge payable by the Leased Premises when Landlord notifies Tenant and such failure continues that the same are ready for more than ten (10) days after the date such rent becomes due and payable; oroccupancy;
(b4) Tenant fails to perform The filing or breaches any other agreement execution or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it occurrence of, : a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation other insolvency proceeding by or to take advantage against Tenant; or petition or answer seeking relief under any provision of any bankruptcy, insolvency the Bankruptcy Act; or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit beneft of its creditors, creditors or (iii) consents to composition; or a petition or other proceeding by or against the Tenant for the appointment of a custodiantrustee, receiver, trustee receiver or other officer with similar powers liquidator of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent 's property or a proceeding by ▇▇▇▇▇▇, a court or government any governmental authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up dissolution or liquidation of Tenant; or;
(e5) This Lease Failure to peacefully surrender the Leased Premises on expiration or any estate termination of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658this Lease;
(f6) Tenant abandons the PremisesThe occurrence of any other event herein provided to be an Event of Default.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) beyond the notice periods set forth in Section 7.2 shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, or other amount of money or monetary charge payable by due from Tenant hereunder as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provisions, conditions or covenant of this Lease Lease, other than as described in Section 7.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orPremises;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within sixty (ii60) makes days hereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) Tenant shall abandon or vacate (for a period in excess of 180 days) the Premises or any substantial part portion thereof or fails to operate its business in the Premises for any reason other than destruction or condemnation of Tenant’s propertythe Premises; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(fh) Tenant abandons shall do or permit to be done anything which creates a lien upon the PremisesPremises and fails to remove the lien in accordance with Section 5.4 herein.
Appears in 1 contract
Default by Tenant. The occurrence of any one 8.01 If, (i) the Tenant neglects or more of the following events (“Event of Default”) shall constitute a breach of this Lease by Tenant:
(a) Tenant fails to pay any Base Rent, the rent herein reserved or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than ten (10) days after the date such rent becomes part thereof when due and payable; or
(b) , as herein provided, or if the Tenant neglects or fails to perform or breaches observe any of the other agreement covenants, agreements or covenant of provisions contained in this Lease which, on the Tenant's part, are to be performed or observed by Tenant as and when performance or observance is due observed, and such neglect or failure or breach continues to pay rent shall continue for more than ten fifteen (1015) days after Landlord gives written notice thereof to Tenant; providedfrom Landlord, howeveror any default in the observance or performance of the other covenants, that if, by the nature of such agreement agreements or covenant, such failure or breach cannot reasonably be cured within such period of ten provisions shall continue for thirty (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (1030) days andafter written notice from Landlord without, in either case, Tenant's having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of commenced diligently to remedy such failure or breach; or
(c) Tenant (i) filesdefault, or consents (i.) if the leasehold hereby created shall be taken on execution, or by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage process of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditorslaw, or (iii) consents if any assignment shall be made of Tenant's property for the benefit of creditors, or if a receiver, trustee in bankruptcy, or similar officer shall be appointed to take charge of all or any part of the Tenants property by a court of competent jurisdiction, or if a petition is filed by the Tenant seeking an adjudication of itself as bankrupt or insolvent under any bankruptcy law or if an involuntary petition is filed against the Tenant and the appointment of a custodian, such receiver, trustee or other similar officer with similar powers of Tenant shall not be vacated or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition the proceeding in bankruptcy or for liquidation or to take advantage insolvency shall not be dismissed within sixty (60) days then, and in any of any bankruptcythe said cases, insolvency or other debtors’ relief law of any jurisdictionthe Landlord lawfully may immediately, or (iii) ordering at any time thereafter, and without demand or notice enter upon the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease Leased Premises or any estate part thereof, in the name of the whole and repossess the same as of the Landlord's former estate, and expel the Tenant hereunder is levied and those claiming through or under the Tenant and remove their effects, forcibly if necessary, without being deemed liable for any manner of trespass and without prejudice to any remedies which might otherwise be used for arrears of rent or preceding breach of covenant, and upon such re-entry and declaration this Lease shall terminate.
8.02 Tenant covenants that, in case of such termination, or in case of termination under the provisions of statute by reason of the default of the Tenant, the Tenant will pay to the Landlord as damages on each rent day a sum equal to one-twelfth of the Annual Fixed Rent for the remainder of the Term (but not assuming any attachment extension unless so elected) and, when and as due, any sum or execution sums which would have accrued and such attachment been payable as additional rent under the terms hereof had this Lease continued in force, less any amounts actually received by the Landlord as compensation for the use and occupancy or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) rental of the Leased Premises, after deducting reasonable costs and expenses incurred in connection therewith. Landlord shall diligently undertake to relet the Leased Premises to mitigate any damages payable by Tenant abandons the Premiseshereunder.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more of ----------------- the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, or other amount of money or monetary charge payable by due from Tenant hereunder as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provision, condition or covenant of this Lease Lease, other than as described in Section 7.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProject;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within thirty (ii30) makes days hereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) During the first twelve (12) months of the Term, Tenant shall desert, abandon or vacate the Premises or any substantial portion thereof or fails to operate its business in the Premises for any reason other than destruction or condemnation of the Premises; thereafter, Tenant shall have the right to vacate all or any part of Tenant’s property; orthe Premises so long as Tenant continues to comply with all of the other terms and conditions of this Lease;
(dh) Without consent by ▇▇▇▇▇▇, Tenant shall do or permit to be done anything which creates a court lien upon the Premises or government authority enters an order, the Project and such order lien is not vacated removed within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition the time period specified in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the PremisesSection 5.2 hereof.
Appears in 1 contract
Sources: Lease Agreement (Wells Real Estate Investment Trust Inc)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) Tenant shall constitute a breach of be in default under this Lease by Tenantif:
(a) Tenant shall fail to pay within thirty(30) days of the date due any payment to be made by Tenant under this Lease.
(b) Tenant violates or breaches, or fails to pay fully and completely observe, keep, satisfy, perform and comply with, any Base Rentmaterial agreement, term, covenant, condition, requirement, restriction or any additional rent under section 3.1, provision of this Lease which violation or other amount of money or charge payable by Tenant and such failure continues for more than is not cured within ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant Tenant’s receipt of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenantfrom Landlord; provided, provided however, that if, by the nature of such agreement if Tenant’s violation or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default Tenant shall be allowed additional time (not exist to exceed thirty (30) days) as is reasonably necessary to cure the violation or failure so long as Tenant commences with due diligence and dispatch begins the curing of such failure or breach cure within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes diligently pursues the curing of such failure or breach; orcure to completion.
(c) Tenant fails to take possession of or ceases to do business in or abandons any the Premises in full for a period exceeding one year.
(id) filesTenant becomes insolvent, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to any action is brought by Tenant seeking its dissolution or liquidation of its assets or seeking the appointment of a custodiantrustee, receiverinterim trustee, trustee receiver or other officer with similar powers custodian for any of Tenant or of any substantial part of Tenant’s its property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or.
(e) This Lease Tenant commences a voluntary proceeding under the Federal Bankruptcy Code, or any estate reorganization or arrangement proceeding is instituted by Tenant for the settlement, readjustment, composition or extension of any of its debts upon any terms; or any action or petition is otherwise brought by Tenant hereunder seeking similar relief or alleging that it is levied upon under insolvent or unable to pay its debts as they mature; or if any attachment action is brought against Tenant seeking its dissolution or execution liquidations of any of its assets, or seeking the appointment of a trustee, interim trustee, receiver or other custodian for any of its property, and any such attachment action is consented to or execution acquiesced in by Tenant or is not vacated dismissed within thirty three (303) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons months after the Premisesdate upon which it was instituted.
Appears in 1 contract
Sources: Lease Agreement
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Failure of the Tenant fails to pay any Base Rent, rent or any additional rent under section 3.1, or other amount of money or charge payable by Tenant due under this Lease as and such failure continues for more than ten (10) days after the date such rent becomes when due and payable; or;
(b) Failure of the Tenant fails to perform perform, observe, or breaches comply with or default under any other agreement of the terms, covenants, conditions or covenant provisions contained in Section 4.1 of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orLease;
(c) Failure of the Tenant (i) filesto perform, observe, or consents by answer comply with or otherwise default under any of the terms, covenants, conditions or provisions contained in this Lease (other than covenants to pay rent, or the filing against it of, a petition for relief covenants set forth in Section 4.1 of this Lease;
(d) The interest of Tenant under this Lease shall be levied on under execution or reorganization or arrangement or any other legal process;
(e) Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant;
(f) Tenant shall become insolvent, (ii) makes or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) Tenant shall abandon or vacate the Leased Premises or any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.portion thereof;
Appears in 1 contract
Sources: Lease Agreement (Wyndham Hotel Corp)
Default by Tenant. The occurrence of 27.1 If before or during the Term there shall occur any one or more of the following events (“Event "Events of Default”) shall constitute a breach of this Lease by Tenant:"):
(a) if Tenant fails shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated a bankrupt or insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting or not contesting the material allegations of a petition against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of its assets; or
(b) if, within sixty (60) days after the commencement of an proceeding or acquiescence of Tenant or any trustee, receiver or liquidator of Tenant or of any material part of 'its assets, such appointment shall. not have been vacated; or
(c) if the interest of Tenant in the Demised Premises shall be sold under execution or other legal process; or
(d) if Tenant shall fail to pay any installment of Base Rent, Rent or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues Additional Rent for more than ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance same is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenantdue; or
(e) This Lease if Tenant shall fail to perform or observe any estate requirement, obligation, agreement, covenant or condition of this Lease, other than the payment of any installment of Base Rent or Additional Rent, and any such failure shall continue for 15 days after Landlord gives Tenant hereunder is levied upon under any attachment notice thereof, or execution if such failure cannot be remedied within 15 days, then for a reasonable time thereafter, provided Tenant commences to remedy such failure within said 15 day period and such attachment or execution is not vacated within thirty (30) daysprosecutes the same to completion with diligence; or BE 543 154 EUL Final 120511 SAA2 – 402658or
(f) if any representation or warranty contained in this Lease shall prove to be incorrect in any material respect on the date upon which it was made; or
(g) if the Demised Premises shall become vacant, abandoned or are not opened for business for a period of 30 consecutive days; then at any time following any of such Events of Default, Landlord, without waiving any other rights herein available to Landlord at law or in equity, may either (1) give Tenant abandons notice of termination of this Lease, or (2) without terminating this Lease, give Tenant notice of Landlord's intention to re-enter and take possession of the Demised Premises, with or without legal process. The giving of-either of such notices to Tenant shall terminate Tenant's right to possession of the Demised Premises under this Lease without prejudice, however, to the rights of Landlord to exercise all other available legal remedies and without discharging Tenant from any of its liabilities hereunder.
27.2 If Landlord elects to terminate Tenant's right to possession of the Demised Premises under Section 27.1 following an Event of Default, Landlord may re-enter and take possession of the Demised Premises, with or without legal process, and Tenant hereby waives any claim for damages as a result thereof, and Tenant shall be obligated to pay to Landlord as damages upon demand, and Landlord shall be entitled to recover of and from Tenant, (a) all Base Rent and Additional Rent payable to the date of termination of Tenant's right to possession, plus (b) the cost to Landlord of all reasonable legal and other expenses and costs (including attorney's fees) incurred by Landlord in obtaining possession of the Demised Premises, in enforcing any provision of this Lease, in preserving the Demised Premises during any period of vacancy, in making such alterations and repairs as Landlord may reasonably deem necessary or advisable in operating and maintaining the Demised Premises, and in reletting the Demised Premises, including all reasonable brokerage commissions therefor, plus (c) either
(i) in the event of Landlord's giving notice of its intention to re-enter and take possession without terminating this Lease, damages (payable in monthly installments, in advance, on the first day of each calendar month following the giving of such notice and continuing until the date originally fixed herein for the expiration of the Term) in amounts equal to the Base Rent and Additional Rent herein reserved, less the net amount of rent, if any, which may be collected and received by Landlord from the Landlord may grant concessions or charge a rental in excess of that provided in this Lease (Tenant shall have no right to any excess); or
(ii) if Landlord gives notice of termination of this Lease, an award for liquidated damages in an amount which, at the time of such termination, is equal to the excess, if any of the installments of Base Rent and the aggregate of all sums payable hereunder as Additional Rent (for such purpose considering the annual amount of Additional Rent to equal the amount thereof payable for the 12 months immediately preceding such termination, or the annualized portion of Additional Rent payable from the Commencement Date to the date of such termination if this Lease then shall have been in effect for less than 12 months) reserved hereunder for the period which would otherwise have constituted the unexpired portion of the Term, plus the value of all other consideration to be paid or performed by Tenant during such period, over the fair rental value of the Demised Premises, as of the date of such termination, for such unexpired portion of the Term, said liquidated damage amount to be discounted at the then Prime Rate of interest as published in the Wall Street Journal to determine its present value at the time of the award; prior to Tenant's full payment of any liquidated damages awarded to Landlord, Tenant shall continue to pay punctually to Landlord all Base Rent and Additional Rent to the same extent and at the same time as if this Lease had not been terminated and receive full credit for such payments against the award for liquidated damages. If, after Tenant's default, Landlord shall elect to re-enter and take possession without terminating this Lease, Landlord shall have the right at any time thereafter to terminate this Lease for such previous default, whereupon the provisions of this Section.
Appears in 1 contract
Sources: Lease Agreement (Diplomat Corp)
Default by Tenant. The occurrence of any one or more Each of the following events (“Event of Default”) shall constitute be deemed a default by Tenant and a breach of this Lease by TenantLease:
(a) 1. The filing of a petition by or against Tenant fails to pay any Base Rentunder the U.S. Bankruptcy Code, as now or hereafter amended or supplemented, or the dissolution or liquidation or the commencement of any additional rent under section 3.1action or proceeding for the dissolution or liquidation of Tenant, or other amount for the appointment of money a receiver for or charge payable trustee of the property of Tenant, whether instituted by or against Tenant.
2. The taking possession of the premises or property of Tenant upon the premises by any governmental officer or agency pursuant to statutory authority for the dissolution, rehabilitation, reorganization, or liquidation of Tenant.
3. The making by Tenant and such failure continues for more than ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors. If any event of default described in subparagraph 1, 2 or (iii) consents to 3 above shall be involuntary on the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property, there shall be no default within the meaning of this Lease if such event is dismissed or vacated by Tenant within 60 days from the occurrence of such event; orotherwise such event shall constitute a default hereunder.
(d) Without consent by ▇▇▇▇▇▇4. A failure to pay the rent herein reserved, or additional rent, or any part thereof, for a court period of 5 days after receipt of written notice.
5. Failure in the performance of any other covenant or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial condition of this Lease on the part of Tenant’s propertyTenant to be performed, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage period of any bankruptcy30 days after receipt of written notice. For the purposes of this subparagraph 5 of this paragraph V, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering no failure on the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate part of Tenant hereunder is levied upon under any attachment in the performance of work required to be performed or execution acts to be done or conditions to be modified shall be deemed to exist if steps shall have, in good faith, been commenced promptly by Tenant to rectify the same and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.shall be prosecuted to completion with diligence and
Appears in 1 contract
Sources: Commercial Lease (Intuit Inc)
Default by Tenant. The occurrence of any one or more Each of the following events (“Event of Default”) shall constitute a breach of this Lease "Default" by Tenant:
(a) The failure of Tenant fails to pay the Base Rent, any Base other installment of Rent, or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than ten (10) days after the date such rent becomes due and payablepart thereof when due; or
(b) Tenant fails shall fail to perform fulfill or breaches perform, in whole or in part, any other agreement or covenant of its obligations under this Lease to be performed or observed by Tenant as and when performance or observance is due (other than the payment of Rent) and such failure or breach continues non-performance shall continue for more than ten a period of fifteen (1015) days after Landlord gives written notice thereof has been given by Landlord to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) The entry of a decree or order by a court having jurisdiction adjudging Tenant (i) filesto be bankrupt or insolvent or approving as properly filed a petition seeking reorganization of Tenant under the National Bankruptcy Act, or consents by answer any other similar applicable Federal or otherwise State Law, or a decree or order of a court having jurisdiction for the appointment of a receiver or liquidator or a trustee or assignee in bankruptcy or insolvency of Tenant or its property or for the winding up or liquidation of its affairs; or Tenant shall institute proceedings to be adjudicated a voluntary bankrupt or shall consent to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency reorganization, receivership or other debtors’ relief law of proceeding against Tenant, or any jurisdiction, such proceedings shall be instituted against Tenant and the same shall not be vacated within ninety (ii90) makes days after the same are commenced; or Tenant shall make an assignment for the benefit of its creditors, Tenant's creditors or (iii) consents admit in writing Tenant's inability to pay the appointment of a custodian, receiver, trustee or other officer with similar powers debts of Tenant or of any substantial part of Tenant’s propertygenerally as they may become due; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of this Lease by Tenant:
(a) Tenant fails to pay any Base Rent, or any additional monthly rent under section 3.1Section 3.1 hereof, or any other amount of money or charge payable by Tenant hereunder as and when such rent becomes due and payable and such failure continues for more than ten five (105) days after L▇▇▇▇▇▇▇ gives written notice thereof to Tenant; provided, however, that after the date second such rent becomes due and payablefailure in a calendar year, only the passage of time, but no further written notice, shall be required to establish an Event of Default in the same calendar year; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant T▇▇▇▇▇ as and when performance or observance is due and such failure or breach continues for more than ten thirty (1030) days after Landlord L▇▇▇▇▇▇▇ gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten thirty (1030) days, an Event of Default shall not exist as long as Tenant promptly commences with due diligence and dispatch the curing of such failure or breach within such period of ten thirty (1030) days and, having so commenced, thereafter prosecutes its efforts with continuous diligence and dispatch in good faith and completes the curing of such failure or breachbreach within a reasonable period of time; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇T▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658or
(f) Tenant abandons There is an Event of Default under that certain L▇▇▇▇ being entered into contemporaneously herewith (“Adjacent Lease”) for premises therein identified as the Premises2 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ building, located at 2 ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (herein the “Cross Default” or the “Cross Default event”). All references to an Event of Default shall include without limitation and be deemed to also mean any instance of a Cross Default event as well.
Appears in 1 contract
Sources: Industrial Lease (Amrep Corp.)
Default by Tenant. The occurrence of any one or more of ----------------- the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to perform, observe or comply with any of the terms, provisions, agreements, covenants or conditions of this Lease (other than the failure specified in Section 18.1(b) hereof), such failure continuing for --------------- thirty (30) days after written notice from Landlord of such failure;
(b) Tenant shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1other monetary charge due from Tenant hereunder as and when due and payable, or other amount of money or charge payable by Tenant and such failure continues continuing for more than ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature from Landlord of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orfailure;
(c) Tenant shall Transfer this Lease or all of a part of the Leased Premises without the prior written approval of Landlord;
(id) files, The interest of Tenant under this Lease shall be levied on under execution or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other legal process;
(e) Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant's debts or obligations or to reorganize or modify Tenant's capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of Tenant;
(f) Tenant shall make an assignment for the benefit of creditors, or Tenant shall make a transfer in fraud of creditors, or a receiver or trustee shall be appointed for Tenant or any jurisdiction, of its properties;
(iig) makes The admission by Tenant that it cannot meet its obligations as they become due or the making by Tenant of an assignment for the benefit of its creditors;
(h) Tenant shall desert, abandon or (iii) consents to vacate the appointment of a custodian, receiver, trustee Leased Premises or other officer with similar powers of Tenant or of any substantial part portion thereof;
(i) Tenant shall fail to operate its business for more than thirty (30) days for any reason other than destruction or condemnation of Tenant’s propertythe Leased Premises;
(j) Tenant shall do or permit to be done anything which creates a lien upon the Leased Premises; or
(dk) Without consent by ▇▇▇▇▇▇The death or legal incapacity of Tenant if Tenant is an individual person or the termination, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up dissolution or liquidation of Tenant; or
(e) This Lease Tenant if Tenant is a corporation, partnership or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premisesother entity.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of this Lease by Tenant:
(a) Tenant fails to pay any Base Rent, or any additional monthly rent under section 3.1Section 3.1 hereof, or any other amount of money or charge payable by Tenant hereunder as and when such rent becomes due and payable and such failure continues for more than ten five (105) days after L▇▇▇▇▇▇▇ gives written notice thereof to Tenant; provided, however, that after the date second such rent becomes due and payablefailure in a calendar year, only the passage of time, but no further written notice, shall be required to establish an Event of Default in the same calendar year; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant T▇▇▇▇▇ as and when performance or observance is due and such failure or breach continues for more than ten thirty (1030) days after Landlord L▇▇▇▇▇▇▇ gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten thirty (1030) days, an Event of Default shall not exist as long as Tenant promptly commences with due diligence and dispatch the curing of such failure or breach within such period of ten thirty (1030) days and, having so commenced, thereafter prosecutes its efforts with continuous diligence and dispatch in good faith and completes the curing of such failure or breachbreach within a reasonable period of time; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇T▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658or
(f) Tenant abandons There is an Event of Default under that certain L▇▇▇▇ being entered into contemporaneously herewith (“Adjacent Lease”) for premises therein identified as the Premises1▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇ building, located at 1▇ ▇▇▇▇▇▇▇▇ ▇▇▇▇▇▇▇▇▇, ▇▇▇▇ ▇▇▇▇▇, ▇▇▇▇▇▇▇ ▇▇▇▇▇ (herein the “Cross Default” or the “Cross Default event”). All references to an Event of Default shall include without limitation and be deemed to also mean any instance of a Cross Default event as well.
Appears in 1 contract
Sources: Industrial Lease (Amrep Corp.)
Default by Tenant. The occurrence of any one or more of the following events (“"Event of Default”") shall constitute a breach of this Lease by Tenant▇▇▇▇▇▇:
(a) Tenant fails to pay any Base Rent, or any additional monthly rent under section Section 3.1, hereof, or any other amount of money or charge payable by Tenant hereunder as and when such rent becomes due and payable and such failure continues for more than ten five (105) days after ▇▇▇▇▇▇▇▇ gives written notice thereof to Tenant; provided, however, that after the date second such rent becomes due and payablefailure in a calendar year, only the passage of time, but no further written notice, shall be required to establish an Event of Default in the same calendar year; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ ' relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s 's property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s 's property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ ' relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.
Appears in 1 contract
Sources: Industrial Lease (EnviroStar, Inc.)
Default by Tenant. The occurrence of any one or more A. Each of the following events (“Event is hereby declared an event of Default”) shall constitute a breach of this Lease by Tenantdefault:
(a) 1. Failure of Tenant fails to pay any Base Rentinstallment of base rent, additional rent or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than ten (10) days after payment when the date such rent same becomes due and payable;
2. Failure of Tenant to observe and perform any of its other covenants or agreements under this Lease for a period of fifteen (15) days after written notice from Landlord to Tenant specifying such failure and requesting that it be remedied; or
, in the case of any such default which cannot with due diligence be cured within such fifteen (b15) Tenant fails day period, failure to perform or breaches any other agreement or covenant commence cure within such fifteen (15) day period and thereafter prosecute the curing of this Lease such default to be performed or observed by Tenant as and when performance or observance completion with due diligence provided that such default is due and such failure or breach continues for more than ten cured within a period of thirty (1030) days after Landlord gives written has given notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breachdefault; or
(c) 3. Commencement by Tenant (i) filesor by any surety or guarantor of this Lease, or consents by answer or otherwise in any court pursuant to any statute of the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant United States or of any substantial part state, territory or government, of Tenant’s propertyany insolvency or bankruptcy proceeding, including, without limitation, a proceeding for liquidation, reorganization or for the readjustment of its indebtedness; or
(d) Without consent by ▇▇▇▇▇▇, a court 4. The occurrence of an Exchangor Default or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers Adverse Entity Event with respect to Exchangor under the QEAA. Upon the occurrence of such an event of default, Landlord shall the right to recover from Tenant all damages incurred by Landlord as a result of such default, including, without limitation, unpaid rent, shall have the right to terminate this Lease, and shall have all other rights and remedies as may be available to Landlord at law or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premisesequity.
Appears in 1 contract
Sources: Lease Agreement (CVD Equipment Corp)
Default by Tenant. The occurrence following shall be deemed to be events of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease; (b) Tenant shall abandon any substantial portion of the Leased Premises; (c) Tenant or any guarantor of Tenant's obligations hereunder shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due, or a receiver or trustee shall he appointed for all or substantially all of the assets of Tenant or any guarantor of Tenant's obligations hereunder; (d) Tenant or any guarantor of Tenant's obligations hereunder shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; (e) Tenant shall do or permit to be done any act which results in a lien being filed against the Leased Premises or the Property; (f) the liquidation, termination, dissolution or (if the Tenant is a natural person) the death of Tenant or any guarantor of Tenant's obligations hereunder; (g) Tenant fails during operating hours to continuously conduct and carry on in good faith the type of business for which the Leased Premises are leased; (h) Tenant fails to pay open for business within five (5) calendar days after the Commencement Date of this Lease; or (i) Tenant shall he in default of any Base Rentother term, provision or any additional rent under section 3.1covenant of this Lease, or other amount of money or charge payable by Tenant than those specified in subparts (a) through (h). above, and such failure continues for more than default is not cured within ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.
Appears in 1 contract
Sources: Lease Agreement (Deep Down, Inc.)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, other monetary charge due from tenant hereunder on or other amount of money or charge payable by Tenant and such failure continues for more than before ten (10) days after written notice thereof from Landlord to Tenant provided that Landlord shall not be required to provide such notice more than twice during any twelve month period with respect to nonpayment of Rent, the date third such rent becomes due and payable; ornonpayment constituting a default without the requirement of notice;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provision, condition or covenant of this Lease Lease, other than as described in Section 8.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProject;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant, or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant’s debts or obligations or to reorganize or modify Tenant’s capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within thirty (ii30) makes days hereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent, or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) Tenant shall abandon (as defined by applicable state law) the Premises or any substantial part of Tenant’s propertyportion thereof; or
(dh) Without consent by ▇▇▇▇▇▇Tenant shall do or permit to be done anything which creates a lien upon the Premises or the Project, a court or government authority enters an order, and such order which is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee released or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition secured as provided in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the PremisesSection 6.4.
Appears in 1 contract
Default by Tenant. The occurrence of any one or more of If the following events (“Event of Default”) shall constitute a breach of this Lease by Tenant:
(a) Tenant fails to pay any Base Rentrent, or any additional rent under section 3.1installment thereof, or any other amount of money or charge payable owned by Tenant, is not paid by Tenant and such failure continues for more than ten (10) days after the date such rent when it becomes due and payable; or
, or (b2) if Tenant violates any of the Cooperative Documents, or (3) if Tenant fails to perform or breaches any other agreement or covenant comply with the terms and conditions of this Lease Sublease, then and in any of such events, at the option of Landlord, the right of Tenant to possession of the Premises shall terminate and Landlord shall be performed entitled to the possession of the Premises and to reenter the same without demand for possession, and may forthwith proceed to recover possession of the Premises as provided for by law. Any notice to quit, or observed notice to vacate, or notice of intention to exercise the option to reenter the Premises by Landlord or the Cooperative, is hereby expressly waived by ▇▇▇▇▇▇. Reentry by Landlord, by process of law or otherwise, shall not relieve Tenant from liability for any damages, deficiencies or loss of rent which Landlord may sustain by reason of Tenant’s default. Landlord shall have the authority to re-let the Premises after reentry for the benefit of Tenant and as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to the agent of Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably Landlord shall be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise under no obligation to the filing against it of, a petition for relief or reorganization or arrangement or do so. Notwithstanding any other petition in bankruptcy or for liquidation or provision of this Sublease, Landlord hereby reserves the rights not to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdictionrecover possession, (ii) makes an assignment for to allow the benefit of its creditorsPremises to remain vacant, or and (iii) consents to recover from Tenant the appointment balance of a custodianthe rent reserved for the Term hereby created, receiver, trustee including any then-current extension or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premisesrenewal thereof.
Appears in 1 contract
Sources: Sublease Agreement
Default by Tenant. The occurrence (a) In addition to the other events of default mentioned elsewhere in this Lease, any one or more of the following events (“Event of Default”) occurrences or acts shall constitute a breach an event of default under this Lease: (i) if Tenant, at any time during the continuance of this Lease by Tenant:
(aand regardless of the pendency of any bankruptcy, reorganization, receivership, insolvency or other proceedings, in law, in equity, or before any administrative tribunal, which have or might have the effect of preventing Tenant from complying with the terms of this Lease), shall (x) Tenant fails fail to pay make any payment of Base Rent, or any additional rent under section 3.1, or other amount of money or charge payable sum required to be paid by Tenant hereunder and Tenant shall fail to make any such failure continues payment for more than ten a period of five (105) days after the date service by Landlord of written notice to Tenant that any such rent becomes due and payable; or
payment has become due, or (by) Tenant fails fail to observe or perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues provision hereof for more than ten (10) days after Landlord gives shall have served on Tenant written notice thereof to Tenant; of such failure, provided, however, that if, in the case of any default referred to in this clause which is curable but cannot be cured by the nature payment of such agreement or covenant, such failure or breach money and cannot reasonably with diligence be cured within such period of ten (10) days-day period, an Event of Default if Tenant shall not exist as long as Tenant commences with due diligence proceed promptly to cure the same and dispatch thereafter shall prosecute the curing of within which such failure or breach within may be cured shall be extended for such period as may be necessary to complete the curing of ten (10) days and, having so commenced, thereafter prosecutes the same with diligence and dispatch and completes the curing of such failure continuity; or breach; or
(cii) if Tenant (i) files, or consents by answer or otherwise to the filing against it of, shall file a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation reorganization or for an arrangement pursuant to take advantage of any bankruptcypresent or future federal or state bankruptcy law or under any similar federal or state law, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes shall be adjudicated a bankrupt or insolvent or shall make an assignment for the benefit of its creditorscreditors or shall admit in writing its inability to pay its debts generally as they become due, or if a petition or answer proposing the adjudication of Tenant as a bankrupt or its reorganization under any present or future federal or state bankruptcy law or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within thirty (30) days after the filing thereof, or (iii) consents to the appointment of a custodian, receiver, trustee trustee, custodian or other officer with similar powers liquidator of Tenant or of all or substantially all of the assets of Tenant or of the Premises or any substantial part of Tenant’s property; or
(d) Without consent portion thereof shall be appointed any proceeding brought by ▇▇▇▇▇▇, a court or government authority enters an order, against Tenant and such order is shall not vacated be discharged within thirty (30) daysdays after such appointment, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect if Tenant shall consent to Tenant or with respect to any substantial part of Tenant’s propertyacquiesce in such appointment, or (iiiv) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdictionif the Premises shall have been abandoned, or (iiiv) ordering if Tenant shall be in default under any other lease of Premises in the dissolutionOffice Building or the complex.
(b) If an event of default should have occurred and be continuing, windingLandlord shall have the right at its election, then or any time thereafter while such event of default shall continue, to give Tenant written notice of Landlord's intention to terminate the Term on a date specified in such notice. Upon the giving of such notice, the Term and the estate hereby granted shall expire and terminate on such date as fully and completely and with the same effect as if such date were the date hereinbefore fixed for the expiration of the Term, and all rights of Tenant hereunder shall expire and terminate, but Tenant shall remain liable as hereinafter provided.
(c) If an event of default shall have occurred and be continuing, Landlord shall have the immediate right, whether or not the Term shall have been terminated pursuant to subsection (b), to re-up enter and repossess the Premises or liquidation any part thereof by force, summary proceedings, ejection or otherwise and the right to remove all persons and property therefrom. Landlord shall be under no liability for, or by reason of, any such entry, repossession or removal. No such re-entry or taking of possession of the Premises by Landlord shall be construed as an election on Landlord's part to terminate the Term unless a written notice of such intention be given to Tenant pursuant to subsection (b), or unless the termination of this Lease be decreed by a court or competent jurisdiction.
(d) At any time or from time to time after the repossession of the Premises or any part thereof pursuant to subsection (c), whether or not the Term shall have been terminated pursuant to subsection (b), Landlord may (but shall be under no obligation to) relet the Premises or any part thereof for the account of Tenant; or, in the name of Tenant or Landlord or otherwise, without notice to Tenant, for such term or terms (which may be greater or less than the period which would otherwise have constituted the balance of the Term) and on such conditions (which may include concessions or free rent) and for such uses as Landlord, in its absolute discretion, may determine, and Landlord may collect and receive any rents payable by reason of such reletting. Landlord shall not be responsible or liable for any failure to collect any rent upon any such reletting.
(e) This Lease No expiration or termination of the Term pursuant to subsection (b), by operation of law or otherwise, and no repossession of the Premises or any estate part thereof pursuant to subsection (c) or otherwise, and no reletting of the Premises or any part thereof pursuant to subsection (d), shall relieve Tenant hereunder is levied upon under any attachment of its liabilities and obligations hereunder, all of which shall survive such expiration, termination, repossession or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658reletting.
(f) In the event of any expiration or termination of this Lease or repossession of the Premises or any part thereof by reason of the occurrence of an event of default, Tenant abandons will pay to Landlord the PremisesBase Rent, additional rent and other sums required to be paid by Tenant to and including the date of such expiration, termination or repossession; and, thereafter, until the end of what would have been the Term in the absence of such expiration, termination or repossession, and whether or not the Premises or any part thereof shall have been relet, Tenant shall be liable to Landlord for, and shall pay to Landlord the Base Rent, additional rent and other sums which would be payable under this Lease by Tenant in the absence of such expiration, termination or repossession, less the net proceeds, if any, of any reletting effected for the account of Tenant pursuant to subsection (d), after deducting from such proceeds all of Landlord's expenses in connection with such reletting (including, without limitation, all repossession costs, brokerage commissions, legal expenses, reasonable attorneys' fees, employees' expenses, alteration costs and expenses for preparation for such reletting). Tenant will pay said Base Rent, additional rent and other sums on the days on which the Base Rent, additional rent and such other sums would have been payable under this Lease in the absence of such expiration, termination, or repossession, and Landlord shall be entitled to recover the same from Tenant on each such day.
Appears in 1 contract
Sources: Office Lease (Endorex Corp)
Default by Tenant. The occurrence of any one or more of the following events (“Event of Default”) shall constitute a breach of default by Tenant under this Lease by TenantLease:
(a) Tenant fails shall fail to pay to Landlord any Base Rent, Rent or any additional rent under section 3.1, other monetary charge due from tenant hereunder on or other amount of money or charge payable by Tenant and such failure continues for more than before ten (10) days after written notice thereof from Landlord to Tenant provided that Landlord shall not be required to provide such notice more than twice during any twelve month period with respect to nonpayment of Rent, the date third such rent becomes due and payable; ornonpayment constituting a default without the requirement of notice;
(b) Tenant breaches or fails to perform or breaches comply with any other agreement term, provisions, conditions or covenant of this Lease Lease, other than as described in Section 8.1(a), or with any of the Building rules and regulations now or hereafter established to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by govern the nature operation of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; orProject;
(c) A Transfer (hereinafter defined) shall occur, without the prior written approval of Landlord;
(d) The interest of Tenant under this Lease shall be levied on under execution or other legal process;
(ie) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other Any petition in bankruptcy or for liquidation other insolvency proceedings shall be filed by or against Tenant or any petition shall be filed or other action taken to declare Tenant a bankrupt or to take advantage delay, reduce or modify Tenant’s debts or obligations or to reorganize or modify Tenant’s capital structure or indebtedness or to appoint a trustee, receiver or liquidator of Tenant or of any bankruptcyproperty of Tenant, insolvency or any proceeding or other debtors’ relief law action shall be commenced or taken by any governmental authority for the dissolution or liquidation of any jurisdictionTenant and, within thirty (ii30) makes days hereafter, Tenant fails to secure a discharge thereof;
(f) Tenant shall become insolvent or Tenant shall make an assignment for the benefit of its creditors, or (iii) consents to the appointment Tenant shall make a transfer in fraud of creditors, or a custodian, receiver, receiver or trustee or other officer with similar powers of shall be appointed for Tenant or any of its properties;
(g) Tenant shall abandon the Premises or any substantial part of Tenant’s propertyportion thereof; or
(dh) Without consent by ▇▇▇▇▇▇Tenant shall do or permit to be done anything, which creates a court lien upon the Premises or government authority enters an orderthe Project, and such order which is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee released or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition secured as provided in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the PremisesSection 6.4.
Appears in 1 contract
Default by Tenant. The occurrence of any one following events, if not cured in the time periods set forth in Section 19.04(b) or more of the following events this subparagraph (a) shall each constitute an “Event of Default”) shall constitute a breach of this Lease by Tenant” hereunder:
(a1) Tenant fails to comply with the Permitted Uses and Occupancy Restrictions set forth in Section 9.02;
(2) Tenant voluntarily or involuntarily assigns, transfers or attempts to transfer or assign this Ground Lease or any rights in this Ground Lease, or in the Improvements, except as permitted by this Ground Lease;
(3) Tenant, or its successor in interest, shall fail to pay taxes or assessments in accordance with Article 15, or shall place on the Site any encumbrance or lien in violation of this Ground Lease, or shall suffer any levy or attachment to be made, or any material supplier’s or mechanic’s lien or any other encumbrance or lien to attach in violation of the terms of this Lease, and such taxes or assessments shall not have been paid, or the encumbrance or lien removed or discharged in accordance with the terms of this Lease; provided, however, that Tenant shall have the right to contest any tax or assessment pursuant to Article 15 and Article 18 and, upon the posting of an adequate bond or other security, to contest any such lien or encumbrance. In the event of any such contest, Tenant shall protect, indemnify and hold OCII harmless against all losses and damages, including reasonable attorneys’ fees and costs resulting therefrom;
(4) Tenant shall be adjudicated bankrupt or insolvent or shall make a transfer in defraud of creditors, or make an assignment for the benefit of creditors, or bring or have brought against Tenant any action or proceeding of any kind under any provision of the Federal Bankruptcy Act or under any other insolvency, bankruptcy or reorganization act and, in the event such proceedings are involuntary, Tenant is not dismissed from the same within ninety (90) days thereafter; or, a receiver is appointed for a substantial part of the assets of Tenant and such receiver is not discharged within ninety (90) days;
(5) Tenant breaches any other material provision of this Ground Lease;
(6) Tenant fails to pay any Base Rent, or any additional rent under section 3.1, or other amount portion of money or charge payable by Tenant Annual Rent when due in accordance with the terms and such failure continues for more than ten (10) days after the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant provisions of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than ten (10) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the PremisesGround Lease.
Appears in 1 contract
Sources: Ground Lease
Default by Tenant. 26.1 If before or during the term of this Lease there shall occur any of the following events ("Events of Default"):
(a) if Tenant shall make a general assignment for the benefit of creditors, or shall admit in writing its inability to pay its debts as they become due, or shall file a petition in bankruptcy, or shall be adjudicated insolvent, or shall file a petition seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, or shall file an answer admitting or not contesting the material allegations of a petition against it in any such proceeding, or shall seek or consent to or acquiesce in the appointment of any trustee, receiver or liquidator of Tenant or any material part of its assets; or
(b) if there is an entry of an order for relief, or, in the absence of an order for relief, if, within sixty (60) days after the commencement of any proceeding against Tenant seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or similar relief under any present or future statute, law or regulation, such proceeding shall not have been dismissed, or if, within sixty (60) days after the appointment without the consent or acquiescence of Tenant of any trustee, receiver or liquidator of Tenant or of any material part of its assets, such appointment shall not have been vacated; or
(c) if the interest of Tenant in the Leased Premises shall be sold under execution or other legal process, or
(d) if Tenant shall fail to pay any installment of Base Rent or Additional Rent within ten (10) business days after written notice by Landlord that the installment of rent has not been paid when due (provided, however, that Landlord shall not have any obligation to give this notice to Tenant more than twice in any twelve (12) month period and any further failure to pay shall be an Event of Default with no opportunity for cure); or
(e) if Tenant shall fail to perform or observe any requirement, obligation, agreement, covenant or condition of this Lease, other than the payment of any installment of Base Rent or Additional Rent, and the failure shall continue for thirty (30) days after Landlord gives Tenant notice thereof, or if the failure cannot be remedied within thirty (30) days, then for a reasonable time thereafter, provided Tenant commences to remedy such failure within the thirty (30) day period and prosecutes the same to completion with diligence (provided, however, that Landlord shall not have any obligation to give notice of default of the same nature to Tenant more than twice in any twelve (12) month period and any further default of the same nature shall be an Event of Default with no opportunity for cure); or
(f) if any representations or warranty contained in this Lease shall prove to be incorrect in any material respect on the date upon which it was made, then at any time following any of such events of default, Landlord, without waiving any other rights herein available to Landlord at law or in equity, may either (1) give Tenant written notice of termination of this Lease, or (2) without terminating this Lease, give Tenant written notice of Landlord's intention to reenter and take possession of the Leased Premises, with legal process. The giving of either of such notices to Tenant shall terminate Tenant's right to possession of the Leased Premises under this Lease without prejudice, however, to the rights of Landlord to exercise all other available legal remedies and without discharging Tenant from any of its liabilities hereunder.
26.2 Upon the occurrence of any one or more of the following events (“Event of Default”, Landlord, at any time, thereafter, at Landlord's option, may give to Tenant a ten (10) shall constitute a breach days' notice of termination of this Lease by Tenant:
and, in the event such notice is given, this Lease and the term hereof shall come to an end and expire (awhether or not said term shall have commenced) Tenant fails to pay any Base Rent, or any additional rent under section 3.1, or other amount upon the expiration of money or charge payable by Tenant and such failure continues for more than said ten (10) days after with the same effect as if the date such rent becomes due and payable; or
(b) Tenant fails to perform or breaches any other agreement or covenant of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues for more than expiration of said ten (10) days after Landlord gives written notice thereof to Tenant; providedwere the expiration date of this Lease, however, that if, by but Tenant shall remain liable for damages as provided in this Article. If Tenant shall default in the nature payment when due of any installment of rent or in the making of any other payment herein required and such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such continue for a period of ten (10) days and, having so commenced, thereafter prosecutes with diligence and dispatch and completes the curing after written notice by Landlord to Tenant of such failure default, or breach; orif this Lease and the term hereof shall expire and come to an end as hereinabove provided, then:
(ca) Tenant (i) filesLandlord, must make a reasonable attempt to relet the whole or any part or parts of the Leased Premises either in the name of the Landlord or otherwise, to such tenant or tenants, for such term or terms ending before, on, or consents after the expiration date of this Lease, at such rent which is the fair market rent for that property at the time and which will reasonably mitigate the loss caused by answer or otherwise Tenant's vacancy. Landlord, at Landlord's option, may make such repairs, replacements, alterations, additions, improvements, decorations and other physical changes in and to the filing against it ofLeased Premises as Landlord, a petition in Landlord's reasonable discretion, considers advisable or necessary in connection with any such reletting or proposed reletting, however, Tenant will only be responsible for relief these costs to the extent such were repairs beyond reasonable wear and tear. If this Lease and the term hereof shall expire and come to an end as provided in this Article, or reorganization by or arrangement under any summary proceeding or any other petition action or proceeding then, in bankruptcy or for liquidation or to take advantage any of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by ▇▇▇▇▇▇, a court or government authority enters an order, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.said events;
Appears in 1 contract
Sources: Commercial Lease (Suntek Corp)
Default by Tenant. The occurrence happening of any one or more of the following enumerated events (“Event of Default”) shall constitute a breach default for which Landlord, in addition to other rights or remedies it may have, shall have the immediate right of this Lease by Tenant:
re-entry without service of notice or resort to legal process and without Landlord being guilty of trespass, or becoming liable for any loss or damage which maybe occasioned thereby: (a) failure of Tenant fails to pay any Base Rent, or any additional rent under section 3.1, or other amount of money or charge payable by Tenant and such failure continues for more than due hereunder within ten (10) days after the date such rent becomes due and payablewhen due; or
(b) vacation of the Leased Premises by Tenant fails or advertising by Tenant in any manner that would indicate or lead the public to believe that ▇▇▇▇▇▇ was going out of business or intending to vacate the Leased Premises; (c) the filing by, on behalf of or against Tenant, of any petition or pleading to declare Tenant insolvent or unable to pay its debts or meet its obligations under the laws of the United States or any state; or a receiver of the property of Tenant is appointed; or the levy of execution or other taking of property, assets or the leasehold interest of Tenant by process of law or otherwise in satisfaction of any judgment, debt or claim against Tenant; or (d) failure of Tenant to perform any of the other terms, conditions or breaches any other agreement or covenant covenants of this Lease to be performed or observed by Tenant as and when performance or observance is due and such failure or breach continues agreement for more than ten twenty (1020) days after Landlord gives written notice thereof to Tenant; provided, however, that if, by the nature of such agreement or covenant, such failure or breach cannot reasonably be cured within such period of ten (10) days, an Event of Default shall not exist as long as Tenant commences with due diligence and dispatch the curing of such failure or breach within such period of ten (10) days and, having so commenced, thereafter prosecutes with diligence shall have been given to Tenant. Should Landlord elect to re-enter and dispatch and completes the curing of such failure or breach; or
(c) Tenant (i) files, or consents by answer or otherwise to the filing against it of, a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, (ii) makes an assignment for the benefit of its creditors, or (iii) consents to the appointment of a custodian, receiver, trustee or other officer with similar powers of Tenant or of any substantial part of Tenant’s property; or
(d) Without consent by terminate ▇▇▇▇▇▇'s use of the Leased Premises as herein provided, a court or government authority enters an ordershould Landlord take possession pursuant to legal proceedings or pursuant to any provisions under law, Landlord may either terminate this Lease or it may from time to time without terminating this Lease, make such alterations and repairs as may be necessary in order to relet the Leased Premises, and such order is not vacated within thirty (30) days, (i) appointing a custodian, receiver, trustee or other officer with similar powers with respect to Tenant or with respect to any substantial part of Tenant’s property, or (ii) constituting an order for relief or approving a petition for relief or reorganization or arrangement or any other petition in bankruptcy or for liquidation or to take advantage of any bankruptcy, insolvency or other debtors’ relief law of any jurisdiction, or (iii) ordering the dissolution, winding-up or liquidation of Tenant; or
(e) This Lease or any estate of Tenant hereunder is levied upon under any attachment or execution and such attachment or execution is not vacated within thirty (30) days; or BE 543 154 EUL Final 120511 SAA2 – 402658
(f) Tenant abandons the Premises.relet the
Appears in 1 contract
Sources: Office Lease