Bankruptcy; Assignment Sample Clauses

Bankruptcy; Assignment. The making by Tenant or by any guarantor of ----------------------- this Lease of any general assignment for the benefit of creditors; the filing by or against Tenant or by or against any guarantor of this Lease of a petition to have Tenant or any guarantor of this Lease adjudged a bankrupt or of a petition for reorganization or arrangement under any law relating to bankruptcy (unless in the case of a petition filed against Tenant or any guarantor of this Lease, the same is dismissed within sixty (60) days); the appointment of a trustee or receiver to take possession of substantially all of Tenant's assets or all of the assets of such guarantor of this Lease located at the Premises or of Tenant's interest or of such guarantor's interest in this Lease where possession is not restored to Tenant or to such guarantor within thirty (30) days; or the attachment, execution or other judicial seizure of substantially all of Tenant's or such guarantor's assets located at the Premises or of Tenant's or such guarantor's interest in this Lease, where such seizure is not discharged within thirty (30) days. In the event Tenant files a petition for reorganization, arrangement or liquidation under any law relating to bankruptcy, or such a petition is involuntarily filed against Tenant, Landlord shall be entitled to recover from Tenant, or any assignee or sublessee of Tenant's rights and obligations hereunder, all reasonable attorney's fees and costs related to Landlord's attempts to regain possession of the Premises or to cause an assumption (and assignment) of this Lease by Tenant through the bankruptcy court. Any assignee or sublessee of Tenant's interest in this Lease as a result of a bankruptcy proceeding shall be jointly and severally liable with Tenant for payment of said reasonable attorney's fees within ten (10) days of proper billing.
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Bankruptcy; Assignment. Any person or entity to which this Lease is assigned pursuant to the provisions of the Bankruptcy Code, 11 U.S.C. 101 et seq., shall be deemed without further act or deed to have assumed all of the obligations arising under this Lease on or after the date of such assignment. Any such assignee shall upon demand execute and deliver to Landlord an instrument confirming such assumption.
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Bankruptcy; Assignment. If Tenant individually, or as debtor or debtor in possession or if a trustee in bankruptcy acting on behalf of Tenant pursuant to the Bankruptcy Code, 11 U.S.C. 101 et seq., shall sublet or assign the Premises or any part thereof or assign any interest in this Lease at a rental rate (or additional consideration) in excess of the then current Monthly Base Rent and Additional Rent per rentable square foot, 50% of said excess Rent (or additional consideration) shall be and become the property of Landlord and shall be paid to Landlord as it is received by Tenant. If Tenant shall sublet the Premises or any part thereof, Tenant shall be responsible for all actions and neglect of the subtenant and its officers, members, employees, agents, guests and invitees as if such subtenant and such persons were employees of Tenant. Nothing in this Section 18.02 shall be construed to relieve Tenant from the obligation to obtain Landlord’s prior written consent to any proposed sublease or assignment.
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Bankruptcy; Assignment. Neither this Lease, nor any renewal thereof, nor any interest therein is assignable or transferable by operation of law, through receivership, bankruptcy or otherwise. Without the prior written consent of Lessor, Lessee shall not (a) assign, transfer, pledge or hypothecate this Lease, or any renewal thereof, the Machine, or any part thereof, or any interest therein; or (b) sublet or lend the Machine or any part thereof, or permit the Machine or any part thereof to be used by anyone other than Lessee or Lessee's employees. Consent to any of the foregoing prohibited acts applies only in the given instant, and is not a consent to any subsequent like act by Lessee or any other person. Subject to the foregoing, this Lease, or any renewal thereof, inures to the benefit of, and is binding on, the heirs, legatees, personal representatives and successors, of the parties hereto.
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Bankruptcy; Assignment. Neither any Shareholder nor the Company shall have made an assignment for the benefit of creditors or admitted in writing his or its inability to pay his or its debts generally as they become due, nor shall any Shareholder or the Company have petitioned or applied to any tribunal for the appointment of a trustee or receiver thereof, or of any substantial part of the assets thereof, nor shall any Shareholder or the Company have commenced any proceedings or sought to obtain the benefit of any bankruptcy, arrangement, insolvency, readjustment of debt, dissolution, reorganization or liquidation law of any jurisdiction nor shall any such petition or application been filed, nor any such proceedings been commenced against any Shareholder or the Company; nor shall any trustee or receiver have been appointed of the whole or any substantial part of the assets of any Shareholder or the Company nor shall any order, judgement or decree have been entered adjudicating any Shareholder or the Company bankrupt or insolvent or approving the petition in any such proceedings.
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Bankruptcy; Assignment. 24 ARTICLE 13 Section 13.01 Insolvency or Bankruptcy ........................... 25 ARTICLE 14 Section 14.01 Security ........................................... 25 ARTICLE 15 Section 15.01
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Bankruptcy; Assignment. Without limiting any of the provisions of the above paragraphs, if pursuant to the Federal Bankruptcy Code (the "Code"), or any similar law hereafter enacted having the same general purpose, Tenant is permitted to assign this Agreement notwithstanding the restrictions contained in this Agreement, adequate assurance of future performance by an assignee expressly permitted under such Code shall be required and shall be deemed to mean the deposit of cash security in an amount equal to the annual base rent plus an amount equal to the sum of all other charges, including, without limitation, Additional Rent due and payable by Tenant hereunder for the calendar year preceding the year in which such assignment is intended to become effective, which deposit shall be held by Landlord for the balance of the term, with interest, as a Security Deposit for the full performance of all of Tenant's obligations under this Agreement, to be held and applied in the manner specified for security in Article 14.
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Related to Bankruptcy; Assignment

  • Void Assignment Any sale, exchange or other transfer by any Member of any Units or other interests in the Company in contravention of this Agreement shall be void and ineffectual and shall not bind or be recognized by the Company or any other party.

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Assignment; Transfer Neither this Agreement nor any of the rights, interests or obligations hereunder or under the Option shall be assigned or transferred by any of the parties hereto (whether by operation of law or otherwise) without the prior written consent of the other party, except that Grantee may assign this Agreement to a wholly owned subsidiary of Grantee and Grantee may assign or transfer its rights hereunder in whole or in part after the occurrence of a Purchase Event. In the case of any permitted assignment or transfer of the Option, Issuer shall do all things necessary to facilitate the same, and the Holder to whom the Option is assigned or transferred shall make the representations contained in Section 6 hereof (with Holder substituted for Grantee) and shall agree in writing to the terms and conditions hereof. Subject to the preceding sentence, this Agreement shall be binding upon, inure to the benefit of and be enforceable by the parties and their respective successors and assigns.

  • Deed; Xxxx of Sale; Assignment To the extent required and permitted by applicable law, this Agreement shall also constitute a “deed,” “xxxx of sale” or “assignment” of the assets and interests referenced herein.

  • Transfer/Assignment This Agreement may not be transferred, assigned, sold or in any manner hypothecated or pledged without the affirmative vote or written consent of the holders of a majority of the outstanding voting securities of each Fund.

  • Lease Assignment To the best of Seller's knowledge, the ------------------ Tenant has not assigned its interest in the Lease or sublet any portion of the premises leased to the Tenant under the Lease.

  • Lien; Valid Assignment Subject to the Standard Qualifications, each endorsement or assignment of Mortgage and assignment of Assignment of Leases from the Mortgage Loan Seller or its Affiliate is in recordable form (but for the insertion of the name of the assignee and any related recording information which is not yet available to the Mortgage Loan Seller) and constitutes a legal, valid and binding endorsement or assignment from the Mortgage Loan Seller, or its Affiliate, as applicable. Each related Mortgage and Assignment of Leases is freely assignable without the consent of the related Mortgagor. Each related Mortgage is a legal, valid and enforceable first lien on the related Mortgagor’s fee (or if identified on the Mortgage Loan Schedule, leasehold) interest in the Mortgaged Property in the principal amount of such Mortgage Loan or allocated loan amount (subject only to Permitted Encumbrances (as defined below) and the exceptions to paragraph 8 below (each such exception, a “Title Exception”)), except as the enforcement thereof may be limited by the Standard Qualifications. Such Mortgaged Property (subject to Permitted Encumbrances and Title Exceptions) as of origination and, to the Mortgage Loan Seller’s knowledge, as of the Cut-off Date, is free and clear of any recorded mechanics’ or materialmen’s liens and other recorded encumbrances that would be prior to or equal with the lien of the related Mortgage (which lien secures the related Whole Loan, in the case of a Mortgage Loan that is part of a Whole Loan), except those which are bonded over, escrowed for or insured against by the applicable Title Policy (as described below), and as of origination and, to the Mortgage Loan Seller’s knowledge, as of the Cut-off Date, no rights exist which under law could give rise to any such lien or encumbrance that would be prior to or equal with the lien of the related Mortgage, except those which are bonded over, escrowed for or insured against by the applicable Title Policy. Notwithstanding anything herein to the contrary, no representation is made as to the perfection of any security interest in rents or other personal property to the extent that possession or control of such items or actions other than the filing of Uniform Commercial Code financing statements is required to effect such perfection.

  • Trademark Assignment Upon the request of Theravance, GSK shall prepare a global assignment to Theravance of any Trademark extensively and publicly used by GSK and Theravance in connection with the Terminated Respiratory Commercialized Alliance Product. If Theravance elects to record the Assignment, Theravance shall undertake such recordal tasks and shall bear the costs and fees associated with the recordal, including but not limited to all filing fees, agent fees, and costs of notarization and legalizations. GSK shall cooperate with Theravance as reasonably necessary. Notwithstanding the foregoing, in the event that any Trademark is used by GSK on any other product, GSK shall not assign such Trademark as contemplated in the preceding sentence but shall license such Trademark to Theravance on a non-exclusive basis and subject to any further license terms to be agreed by the Parties in good faith at the time.

  • Sale and Assignment On the terms and conditions set forth herein, effective on and as of the Assignment Date, the Assignor hereby sells, assigns and transfers to the Assignee, and the Assignee hereby purchases and assumes from the Assignor, all of the right, title and interest of the Assignor in and to, and all of the obligations of the Assignor in respect of, the Assigned Interest. Such sale, assignment and transfer is without recourse and, except as expressly provided in this Agreement, without representation or warranty.

  • Assignment of Contract Contractor shall not assign or otherwise transfer its rights under this Agreement, without the prior written consent of Client. Any attempt to make such an assignment without Client's consent shall be void. Client's consent shall not be reasonably withheld.

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