Common use of Assignment in Bankruptcy Clause in Contracts

Assignment in Bankruptcy. In the event of an assignment by operation of law under the Federal Bankruptcy Code, or any State bankruptcy or insolvency law and Landlord is prevented from or elects not to terminate this Lease under Section 16.2, the assignee shall provide Landlord with adequate assurance of future performance of all of the terms, conditions and covenants of this Lease, which shall include, without limitation, assumption of all the terms, covenants and conditions of this Lease by the assignee and the making by the assignee of the following express covenants to Landlord: (i) that assignee has sufficient capital to pay the Rent and other charges due under this Lease for the entire Term; (ii) that assumption of the Lease by the assignee will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement or operating agreement relating to the Shopping Center; and (iii) that such assignment and assumption will not disrupt or impair any existing tenant mix in the Shopping Center.

Appears in 2 contracts

Samples: Lease Agreement (First Capital Income Properties LTD Series Viii), Lease Agreement (First Capital Income Properties LTD Series Viii)

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Assignment in Bankruptcy. In the event of an assignment by operation of law under the Federal Bankruptcy Code, or any State bankruptcy or insolvency law and Landlord is prevented from or elects not to terminate this Lease under Section 16.2, the assignee shall provide Landlord with adequate assurance of future performance of all of the terms, conditions and covenants of this Lease, which shall include, without limitation, assumption of all the terms, covenants and conditions of this Lease by the assignee and the making by the assignee of the following express covenants to Landlord: (i) that assignee has sufficient capital to pay the Rent and other charges due under this Lease for the entire Term; (ii) that assumption of the this Lease by the assignee will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement or operating agreement relating to the Shopping CenterBuilding; and (iii) that such assignment and assumption will not disrupt or impair any existing tenant mix in the Shopping CenterBuilding.

Appears in 1 contract

Samples: Lease Agreement (Mason George Bankshares Inc)

Assignment in Bankruptcy. In the event of an assignment by operation of law under the Federal Bankruptcy Code, or any State bankruptcy or insolvency law and Landlord is prevented from or elects not to terminate this Lease under Section 16.2, the assignee shall provide Landlord with adequate assurance of future performance of all of the terms, conditions and covenants of this Lease, which shall include, without limitation, assumption of all the terms, covenants and conditions of this Lease by the assignee and the making by the assignee of the following express covenants to Landlord: (i) that assignee has sufficient capital to pay the Rent and other charges due under this Lease for the entire Term; (ii) that assumption of the Lease by the assignee will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement or operating agreement relating to the Shopping CenterMixed Use Project; and (iii) that such assignment and assumption will not disrupt or impair any existing tenant mix in the Shopping CenterMixed Use Project.

Appears in 1 contract

Samples: Sublease Agreement (Veg House Holdings Inc.)

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Assignment in Bankruptcy. In the event of an assignment by operation of law under the Federal Bankruptcy Code, or any State state bankruptcy or insolvency law and Landlord is prevented from or elects not to terminate this Lease under Section 16.215.2, the assignee shall provide Landlord with adequate assurance of future performance of all of the terms, conditions and covenants of this the Lease, which shall include, without limitation, assumption of all of the terms, covenants and conditions of this the Lease by the assignee and the making by the assignee of the following express covenants to Landlord: (ia) that assignee has sufficient capital to pay the Rent and other charges due under this the Lease for the entire Term; (iib) that assumption of the Lease by the assignee will not cause Landlord to be in violation or breach of any provision in any other lease, financing agreement or operating agreement relating to the Shopping CenterBuilding; and (iiic) that such assignment and assumption will not disrupt or impair any existing tenant mix in the Shopping CenterBuilding.

Appears in 1 contract

Samples: Lease

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