Assumption or Assignment by Trustee. In the event Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, Landlord's right to terminate this Lease pursuant to Section 11.2(a) shall be subject to the rights of the Trustee in Bankruptcy to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the Trustee (i) promptly cures all defaults under this Lease, (ii) promptly compensates Landlord for monetary damages, incurred as a result of such default, and (iii) provides adequate assurance of future performance on the part of Tenant as debtor in possession or on the part of the assignee Tenant.
Assumption or Assignment by Trustee. In the event Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, Landlord's right to terminate this Lease pursuant to Section 11.2(a) shall be subject to the rights of the Trustee in Bankruptcy to assume or assign this Lease. In addition to all other objections Landlord may raise to assumption and/or assignment, and in addition to all other requirements of any Bankruptcy Court and the Bankruptcy Code, the Trustee shall not have the right to assume or assign this Lease unless the Trustee (i) has timely performed all Lease obligations of the Tenant/Debtor arising from and after the filing of any voluntary bankruptcy petition by Tenant or, in the case of an involuntary petition, the date of entry of the Order for Relief, (ii) promptly cures all defaults under this Lease, (iii) promptly compensates Landlord for monetary damages incurred as a result of such default, and (iv) provides adequate assurance of future performance on the part of Tenant or on the part of the assignee of Tenant or the Trustee.
Assumption or Assignment by Trustee. In the event TENANT becomes the subject debtor in a case pending under the Bankruptcy Code, LANDLORD'S right to terminate this Lease pursuant to this Section "13.1" shall be subject to the rights of the Trustee in Bankruptcy to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the Trustee: (a) promptly cures all defaults under this Lease, (b) promptly compensates LANDLORD for monetary damages incurred as a result of such default, and (c) provides adequate assurance of future performance.
Assumption or Assignment by Trustee. (i) In the event Lessee becomes the subject debtor in a case pending under the Bankruptcy Code, Lessor's right to terminate this Lease pursuant to Paragraph 21(a)(i), shall be subject to the rights of the Trustee in bankruptcy to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the Trustee (a) promptly cures all defaults under this Lease, (b) promptly compensates Lessor for monetary damages incurred as a result of such default, and (c) provides "adequate assurance of future performance" (as hereinafter defined).
Assumption or Assignment by Trustee. In the event Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, Landxxxx'x xight to terminate this Lease pursuant to this paragraph 16 shall be subject to the rights of the Trustee in bankruptcy to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the Trustee (A) promptly cures all defaults under this Lease, (B) promptly compensates Landlord for monetary damages incurred as a result of such default, (C) provides "adequate assurance of future performance" (as hereinafter defined) and (D) complies with the provisions of paragraph 5 hereof.
Assumption or Assignment by Trustee. In the event Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, Landlord's right to terminate this Lease pursuant to section 13.2(a) shall be subject to the rights of the Trustee in Bankruptcy to assume or
Assumption or Assignment by Trustee. If Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, the City’s right to terminate this Lease pursuant to this Article 14 shall be subject to the rights of the Trustee to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the Trustee (i) promptly cures all Defaults under this Lease and all other Project Documents (ii) promptly compensates the City for monetary damages which the City has established to the satisfaction of the Bankruptcy Court that it has incurred as a result of such Defaults, (iii) provides “adequate assurance of future performance”, and (iv) complies with Article 15 of this Lease.
Assumption or Assignment by Trustee. In the event Tenant becomes the subject debtor in a case pending under the Bankruptcy Code, Landlord's right to terminate this Lease Pursuant to this Paragraph 16 shall be subject to the rights of the Trustee in bankruptcy to assume or assign this Lease unless the Trustee (A) promptly cures all defaults under this Lease, (B) promptly compensates Landlord for monetary damages, incurred as a result of such default, and (C) provides adequate assurance of future performance. (vi) Adequate Assurance of Future Performance. Landlord and Tenant hereby agree in advance that adequate assurance of future performance, as used in Paragraph 16(b)(v) above, shall mean that all of the following minimum criteria must be met: (A) the Trustee must pay to Landlord at the time the next payment of rent is then due under this Lease, in addition to such payment of rent, an amount equal to the next payment of rent due under this Lease, or the next three (3) months rent due under this Lease, whichever is greater, said amount to be held by Landlord in escrow until either the Trustee or Tenant defaults in its payments of rent or other obligations under this Lease (whereupon Landlord shall have the right to draw such escrowed funds) or until the expiration of this Lease (whereupon the funds shall be returned to the Trustee or Tenant); (B) The Tenant or Trustee must agree to pay to Landlord, at any time the Landlord is authorized to and does draw on the funds escrowed pursuant to Paragraph 16(b)(vi)(A) above, the amount necessary to restore such escrow account to the original level required by said provision; (C) Tenant must pay its estimated pro rata share of the cost of all services provided by Landlord (whether directly or through agents or contractors, and whether or not the cost of such services is to be passed through to Tenant) in advance of the performance or provision of such services; (D) The Trustee must agree that Tenant's business shall be conducted in a first class manner, and that no liquidation sales, auctions, or other non- first class business operations shall be conducted on the premises; (E) The Trustee must agree that the use of the premises as stated in this Lease will remain unchanged; (F) The Trustee must agree that the assumption or assignment of this Lease will not violate or affect the rights of other tenants in the Building. (vii)
Assumption or Assignment by Trustee. If pursuant to the Bankruptcy ----------------------------------- Code this Lease shall become subject to the rights of the Trustee in Bankruptcy (as such term is defined in the Bankruptcy Code and hereinafter called "Trustee") to assume or assign this Lease, the Trustee shall not have the right to assume or assign this Lease, unless the Trustee (i) promptly cures all defaults under this Lease (other than the occurrence of the Event of Bankruptcy), (ii) promptly compensates Landlord for any actual monetary losses to Landlord as a result of such default, (iii) provides "adequate assurances for future performance" under this Lease, (iv) complies with all of The Corporate Advisory Board Company Lease June 23, 1998 Final the provisions of this Lease, and (v) gives appropriate written notice to Landlord of Trustee's election to assume or reject this Lease within sixty (60) days (or such other applicable time as provided for in the Bankruptcy Code for assumption or rejection of this Lease) after the commencement for the action in Bankruptcy.
Assumption or Assignment by Trustee. In the event Tenant shall become the subject debtor in a case under the Bankruptcy Code, Landlord's right to terminate this Lease pursuant to subparagraph 21 (b)(i) shall be subject to the rights of the Trustee in Bankruptcy to assume or assign this Lease. The Trustee shall not have the right to assume or assign this Lease unless the trustee (a) promptly cures all Defaults of Tenant; (b) promptly compensates Landlord for monetary damages incurred as a result of such Defaults; and (c) provides adequate assurance of future performance.
