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Common use of ACTS OF DEFAULT Clause in Contracts

ACTS OF DEFAULT. Without limitation, the following events shall constitute a default under this Lease: (a) if Tenant shall admit in writing its inability to pay its debts as they mature; (b) if Tenant shall make an assignment for the benefit of creditors or take any other similar action for the protection or benefit of creditors; (c) if Tenant shall give notice to any governmental body of insolvency or pending insolvency, or suspension or pending suspension of operations; (d) if Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent; (e) if Tenant shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or other similar relief for itself under any present or future applicable federal, state or other statute or law relative to bankruptcy, insolvency or other relief for debtors; (f) if a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking any relief described in the preceding clause (e), and (i) Tenant acquiesces in the entry of such order, judgment or decree (the term "ACQUIESCE" as used in this Section shall include, without limitation, Tenant's failure to file a petition or motion to vacate or discharge any order, judgment or decree within sixty (60) days after entry of such order, judgment or decree), or (ii) such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive, from the date of entry thereof; (g) if Tenant shall seek or consent to or acquiesce in the appointment of any trustee, receiver, conservator or liquidator of Tenant of all or any substantial part of Tenant's properties or its interest in the Premises; (h) if any trustee, receiver, conservator or liquidator of Tenant or of all or any substantial part of its property or its interest in the Premises shall be appointed without the consent or acquiescence of Tenant and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive; or (i) if this Lease or any estate of Tenant hereunder shall be levied upon under any attachment or execution and such attachment or execution shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive. Notwithstanding the foregoing, the above described events shall not constitute a default under this Lease where Tenant has assigned the Premises as permitted in this Lease, such assignee has assumed this Lease, and such assignee is not otherwise in default hereunder.

Appears in 6 contracts

Samples: Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/), Lease Agreement (Firstamerica Automotive Inc /De/)

ACTS OF DEFAULT. Without limitation, the following events shall constitute a default under this Lease: (a) if Tenant shall admit in writing its inability to pay its debts as they mature; (b) if Tenant shall make an assignment for the benefit of creditors or take any other similar action for the protection or benefit of creditors; (c) if Tenant shall give notice to any governmental body of insolvency or pending insolvency, or suspension or pending suspension of operations; (d) if Tenant shall file a voluntary petition in bankruptcy or shall be adjudicated a bankrupt or insolvent; (e) if Tenant shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or other similar relief for itself under any present or future applicable federal, state or other statute or law relative to bankruptcy, insolvency or other relief for debtors; (f) if a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking any relief described in the preceding clause (e), ) and (i) Tenant acquiesces in the entry of such order, judgment or decree (the term "ACQUIESCEacquiesce" as used in this Section Paragraph 19.1 shall include, without limitation, Tenant's failure to file a petition or motion to vacate or discharge any order, judgment or decree within sixty ten (6010) days after entry of such order, judgment or decree), or (ii) such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive, from the date of entry thereof; (g) if Tenant shall seek or consent to or acquiesce in the appointment of any trustee, receiver, conservator or liquidator of Tenant of or all or any substantial part of Tenant's properties or its interest in the Premises; (h) if any trustee, receiver, conservator or liquidator of Tenant or of all or any substantial part of its property or its interest in the Premises shall be appointed without the consent or acquiescence of Tenant and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive; or (i) if this Lease or any estate of Tenant hereunder shall be levied upon under any attachment or execution and such attachment or execution shall remain unvacated and unstayed for an aggregate of sixty ten (6010) days, whether or not consecutive. Notwithstanding the foregoing, the above described events shall not constitute a default under this Lease where Tenant has assigned the Premises as permitted in this Lease, such assignee has assumed this Lease, and such assignee is not otherwise in default hereunder.

Appears in 2 contracts

Samples: Office Lease, Office Lease (Kindred Biosciences, Inc.)

ACTS OF DEFAULT. Without limitationIf Borrower fails to pay when due any amount payable under any of the liabilities; or if Borrower or any Borrower of Borrower's obligations hereunder fails to perform or breaches any agreement or undertaking herein or is in default under any writing relating to any of the Liabilities, the following events Collateral or any other agreement between Lender and Borrower; or if any Borrower of the Liabilities terminates or attempts to terminate such guaranty, or if the Collateral declines in value or for any reason becomes insufficient in Lender's sole and exclusive judgment to secure the liabilities and Borrower, after demand, fails or refuses to substitute and/or make additions to the Collateral satisfactory to Lender; or if any statement, representation or warranty made or furnished to Lender by or in behalf of Borrower with respect to the Liabilities; or the Collateral shall constitute a default under this Lease: (a) be untrue or incomplete in any material respect as of the date made or if Tenant shall admit in writing its inability Borrower becomes insolvent or makes an assignment for the benefit of creditors; or if any proceeding be instituted by or against Borrower alleging that it is insolvent or unable to pay its debts as they mature; (b) or if Tenant any receiver be appointed for Borrower; or if any litigation is instituted against Borrower that might materially and adversely affect its operations, financial condition, property or business; or if a creditor of Borrower shall make an assignment for obtain or attempt to obtain possession of the benefit of creditors Collateral by any means; or take If any other similar action for the protection circumstance or benefit of creditors; (c) if Tenant event occurs which shall give notice cause Lender to any governmental body of insolvency or pending insolvencydeem itself insecure, or suspension or pending suspension of operations; (d) if Tenant shall file a voluntary petition in bankruptcy or then Borrower shall be adjudicated a bankrupt or insolvent; (e) if Tenant shall file any petition or answer seeking any reorganization, arrangement, composition, readjustment, liquidation, dissolution or other similar relief for itself under any present or future applicable federal, state or other statute or law relative to bankruptcy, insolvency or other relief for debtors; (f) if a court of competent jurisdiction shall enter an order, judgment or decree approving a petition filed against Tenant seeking any relief described in the preceding clause (e), and (i) Tenant acquiesces in the entry of such order, judgment or decree (the term "ACQUIESCE" as used in this Section shall include, without limitation, Tenant's failure to file a petition or motion to vacate or discharge any order, judgment or decree within sixty (60) days after entry of such order, judgment or decree), or (ii) such order, judgment or decree shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive, from the date of entry thereof; (g) if Tenant shall seek or consent to or acquiesce in the appointment of any trustee, receiver, conservator or liquidator of Tenant of all or any substantial part of Tenant's properties or its interest in the Premises; (h) if any trustee, receiver, conservator or liquidator of Tenant or of all or any substantial part of its property or its interest in the Premises shall be appointed without the consent or acquiescence of Tenant and such appointment shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive; or (i) if this Lease or any estate of Tenant hereunder shall be levied upon under any attachment or execution and such attachment or execution shall remain unvacated and unstayed for an aggregate of sixty (60) days, whether or not consecutive. Notwithstanding the foregoing, the above described events shall not constitute a default under this Lease where Tenant has assigned the Premises as permitted in this Lease, such assignee has assumed this Lease, and such assignee is not otherwise in default hereunder.

Appears in 1 contract

Samples: Loan and Security Agreement (Lifestream Technologies Inc)