ACTS CONSTITUTING DEFAULTS. In addition to the events specified as a default under Section 15.1 or elsewhere in this Lease, the material failure of Tenant to perform each and every material covenant made under this Lease, including any abandonment of the Premises by Tenant, shall constitute a default hereunder. However, Landlord shall not commence any action to terminate Tenant's right of possession as a consequence of a default until any period of grace with respect thereto has elapsed; provided, such period of grace shall be in lieu of and not in addition to the period during which Tenant may cure such default following the delivery of notice pursuant to California Code of Civil Procedure Section 1161. 16.1.1 Tenant shall have a period of ten (10) days from the date of written notice from Landlord to Tenant within which to cure any default in the payment of Base Rent. 16.1.2 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any default in the payment of any monetary obligation of Tenant pursuant to this Lease other than the payment of Base Rent. 16.1.3 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any nonmonetary default under this Lease; provided, however, that with respect to any default which cannot reasonably be cured within thirty (30) days, the default shall not be deemed to be uncured if Tenant commences to cure within thirty (30) days from Landlord's notice and thereafter prosecutes diligently and continuously to completion all acts required to cure the default. 16.1.4 A default by Tenant in the Loan and Security Agreement or other similar financing agreements between Tenant and General Electric Capital Corporation ("GECC"), provided that GECC has accelerated the principal, interest or other obligations under the agreement between Tenant and GECC.
Appears in 5 contracts
Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)
ACTS CONSTITUTING DEFAULTS. In addition to the events specified as a default under Section 15.1 Paragraph 19.1 or elsewhere in this Lease, the material failure of Tenant to perform each and every material covenant made under this Lease, including any abandonment of the Premises by Tenant, shall constitute a default hereunder. However, Landlord shall not commence any action to terminate Tenant's right of possession as a consequence of a default until any period of grace with respect thereto has elapsed; provided, that any such period of grace shall be in lieu of and not in addition to the period during which Tenant may cure such default following the delivery of notice pursuant to California Code of Civil Procedure Section 1161.
16.1.1 20.1.1 Subject to the limitation expressed in Subparagraph 20.1.3, Tenant shall have a period of ten three (103) days from the date of written notice from Landlord to Tenant within which to cure any default in the payment of Base Rentany monetary obligations of Tenant under this Lease.
16.1.2 20.1.2 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any default in the payment of any monetary obligation of Tenant pursuant to this Lease other than the payment of Base Rent.
16.1.3 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any nonmonetary default under this LeaseLease which is capable of being cured; provided, however, that with respect to any default which cannot reasonably be cured within thirty (30) days, the default shall not be deemed to be uncured if Tenant commences to cure within thirty (30) days from Landlord's notice and thereafter prosecutes diligently and continuously to completion all acts required to cure the default.
16.1.4 A 20.1.3 There shall be no period of grace with respect to any default by Tenant in which is not capable of being cured. Landlord and Tenant stipulate that the Loan and Security Agreement following defaults are not capable of being cured by Tenant: (a) any event specified as a default under Paragraph 19.1 or any other default which is herein specified as being incurable: (b) any unauthorized sale, assignment, mortgage, pledge, hypothecation, encumbrance or other similar financing agreements between transfer of this Lease or any interest herein, or any unauthorized subletting of all or any portion of the Premises; (c) the failure of Tenant to pay rent or any other monetary obligation of Tenant hereunder on the due date thereof where such failure occurs on more than three (3) consecutive occasions or more than six (6) occasions during any twelve (12) month period; and General Electric Capital Corporation ("GECC"), provided that GECC has accelerated the principal, interest or d) any other obligations default which is recognized under the agreement between Tenant and GECCCalifornia law as being incurable.
Appears in 1 contract
ACTS CONSTITUTING DEFAULTS. In addition to the events specified as a default under Section 15.1 or elsewhere in this Lease, the material failure of Tenant to perform each and every material covenant made under this Lease, including any abandonment of the Premises by Tenant, shall constitute a default hereunder. However, Landlord shall not commence any action to terminate Tenant's right of possession as a consequence of a default until any period of grace with respect thereto has elapsedelapsed and Landlord has given Tenant's floor plan lender written notice of such default and a period of fifteen (15) days to cure such default; provided, such period of grace shall be in lieu of and not in addition to the period during which Tenant may cure such default following the delivery of notice pursuant to California Code of Civil Procedure Section 1161.
16.1.1 Tenant shall have a period of ten (10) days from the date of written notice from Landlord to Tenant within which to cure any default in the payment of Base Rent.
16.1.2 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any default in the payment of any monetary obligation of Tenant pursuant to this Lease other than the payment of Base Rent.
16.1.3 Tenant shall have a period of thirty (30) days from the date of written notice from Landlord to Tenant (which notice shall specifically state the nature of the asserted default) within which to cure any nonmonetary default under this Lease; provided, however, that with respect to any default which cannot reasonably be cured within thirty (30) days, the default shall not be deemed to be uncured if Tenant commences to cure within thirty (30) days from Landlord's notice and thereafter prosecutes diligently and continuously to completion all acts required to cure the default.
16.1.4 A default by Tenant in the Loan and Security Agreement or other similar financing agreements between Tenant and General Electric Capital Corporation ("GECC"), provided that GECC has accelerated the principal, interest or other obligations under the agreement between Tenant and GECC.
Appears in 1 contract