Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security Amount, Subtenant shall, within ten (10) days thereafter, provide Sublandlord with additional Letter(s) of Credit in an amount equal to the deficiency (or a replacement or amended Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter of Credit shall comply with all of the provisions of Section 4(c); if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 4 contracts
Samples: Sublease (Roku, Inc), Sublease (Roku, Inc), Sublease (Roku, Inc)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security AmountLetter of Credit Amount (subject to any reduction permitted in accordance with Section 4(h) below), Subtenant shall, within ten fifteen (1015) days thereafter, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit in the total Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c)4; if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 2 contracts
Samples: Sublease (Callidus Software Inc), Sublease (Callidus Software Inc)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security Letter of Credit Amount, Subtenant shall, within ten (10) business days thereafter, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit in the total Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c)4; if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 2 contracts
Samples: Sublease (Lyft, Inc.), Sublease (Lyft, Inc.)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security Amount, . Subtenant shall, within ten (10) days thereafter, provide Sublandlord with additional Letter(s) of Credit in an amount equal to the deficiency (or a replacement or amended Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter of Credit shall comply with all of the provisions of Section 4(c); if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 2 contracts
Samples: Sublease (Roku, Inc), Sublease (Roku, Inc)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security Letter of Credit Amount, Subtenant shall, within ten (10) business days thereafterafter written demand, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit in the total Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c)4; if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default Default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 2 contracts
Samples: Sublease (Nerdwallet, Inc.), Sublease (Nerdwallet, Inc.)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security AmountLetter of Credit Amount (subject to any reduction permitted in accordance with Section 4(h) below), Subtenant shall, within ten fifteen (1015) days thereafter, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit in the total Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c)4; if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default Default by Subtenant without the necessity of additional notice or the passage of additional grace periodsSubtenant. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 1 contract
Samples: Sublease (Vir Biotechnology, Inc.)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be less than the Security then-current Letter of Credit Amount, Subtenant shall, within ten (10) days thereafter, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit in the total then-current Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c)4; if Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a default Default by Subtenant without the necessity three (3) business days following delivery of additional written notice or the passage of additional grace periodsto Subtenant. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof thereof, and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 1 contract
Samples: Sublease (Corcept Therapeutics Inc)
Additional Covenants of Subtenant. If, as result of any application or use by Sublandlord of all or any part of the Letter of Credit, Sublandlord notifies Subtenant in writing that the amount of the Letter of Credit plus any cash proceeds previously drawn by Sublandlord and not applied pursuant to this Section 4 shall be 4.4 are less than the Security Letter of Credit Amount, Subtenant shall, within ten (10) business days thereafter, provide Sublandlord with additional Letter(sletter(s) of Credit credit in an amount equal to the deficiency (or a replacement or amended letter of credit for the total Letter of Credit in the total Security Amount), and any such additional (or replacement or amended) Letter letter of Credit credit shall comply with all of the provisions of this Section 4(c); if 4. If Subtenant fails to timely comply with the foregoing, then notwithstanding anything to the contrary contained in this Sublease, the same shall constitute a material default by Subtenant without the necessity of additional notice or the passage of additional grace periods. Subtenant further covenants and warrants that it will neither assign nor encumber the Letter of Credit or any part thereof and that neither Sublandlord nor its successors or assigns will be bound by any such assignment, encumbrance, attempted assignment or attempted encumbrance.
Appears in 1 contract
Samples: Sublease (Glu Mobile Inc)