Common use of Bankruptcy of Tenant Clause in Contracts

Bankruptcy of Tenant. a. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (ii) to pay monthly in advance on the first day of each month, as reasonable compensation for use and occupancy of the Demised Premises, an amount equal to all rent and other additional rent otherwise due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty five (45) days' prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' prior written notice of any abandonment of the Demised Premises; and such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord.

Bankruptcy of Tenant. a. Upon In the filing event that any or all of Tenant's interest in the Premises and/or this Lease is transferred by operation of law to any trustee, receiver, or other representative or agent of Tenant's, or to Tenant's as a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and as debtor in possession, and subsequently any trustee who may be appointed agree as follows: (i) to perform each and every obligation or all of Tenant under this Lease including, but not limited to, Tenant's interest in the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as and/or this Lease is either rejected offered or assumed to be offered by order Tenant or any trustee, receiver, or other representative or agent of Tenant as to its estate or property (such person, firm or entity being hereinafter referred to as the "Grantor"), for assignment, conveyance, lease, or other disposition to a person, firm or entity other than Landlord (each such transaction being hereinafter referred to as a "Disposition"), it is agreed that Landlord has and shall have a right of first refusal to purchase, take, or otherwise acquire, the same upon the same terms and conditions as the Grantor thereof shall accept upon such Disposition to such other person, firm, or entity; and as to each such Disposition the Grantor shall give written notice to Landlord in reasonable detail of all of the United States Bankruptcy Court; terms and conditions of such Disposition within twenty (ii20) days next following its determination to pay monthly in advance on accept the same but prior to accepting the same, and Grantor shall not make the Disposition until and unless Landlord has failed or refused to accept such right of first day of each monthrefusal as to the Disposition, as reasonable compensation for use and occupancy of the Demised Premises, an amount equal to all rent and other additional rent otherwise due pursuant to this Lease; and (iii) to reject or assume this Lease within set forth herein. Landlord shall have sixty (60) days next following its receipt of the filing of written notice as to such petition under Chapter 7 Disposition in which to exercise the option to acquire Tenant's interest by such Disposition, and the exercise of the Bankruptcy Code option by Landlord shall be effected by notice to that effect sent to the Grantor; but nothing herein shall require Landlord to accept a particular Disposition or within any Disposition, nor does the rejection of any one hundred twenty (120) days (such offer of first refusal constitute a waiver or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) release of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty five (45) days' prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' prior written notice of any abandonment obligation of the Demised PremisesGrantor to submit other offers hereunder to Landlord. In the event Landlord accepts such offer of first refusal, the transaction shall be consummated pursuant to the terms and conditions of the Disposition described in the notice to Landlord. In the event Landlord rejects such offer of first refusal, Grantor may consummate the Disposition with such other person, firm, or entity; and but any decrease in price of more than two (2%) percent of the price sought from Landlord or any change in the terms of payment for such abandonment Disposition shall constitute a new transaction requiring a further option of first refusal to be deemed a rejection of this Lease; and (vi) to do all other things of benefit given to Landlord otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with hereunder. Without limiting any of the above; provisions of this Article 16 and Article 13, if pursuant to Federal bankruptcy Code (viiiherein the "Code") or any similar law hereafter enacted having the same general purpose, Tenant is permitted to have consented to assign this lease notwithstanding the entry restrictions contained in this Lease, adequate assurance of an order future performance by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. No default of this Lease by Tenant, either prior to or subsequent to the filing of assignee expressly permitted under such a petition, Code shall be deemed to have been waived unless expressly done so mean the deposit of cash security in writing an amount equal to the sum of one (1) year's annual Base Rent and additional sums due hereunder for the next succeeding twelve (12) months (which additional sums shall be reasonably estimated by Landlordlandlord), which deposits shall be held by Landlord for the balance of the term, without interest, as security for the full performance of all of Tenant's obligations under this Lease, to be held and applied in the manner specified in Article 4.

Bankruptcy of Tenant. a. 34.1 Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and or as debtor in possession, and any trustee who may be appointed appointed, agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (ii) to pay monthly in advance on the first day of each month, month as reasonable compensation for use and occupancy of the Demised Premises, Leased Premises in an amount equal to all basic rent and other additional rent otherwise and due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty forty-five (45) days' ’ prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' ’ prior written notice of any abandonment of the Demised Leased Premises; and , any such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving Tenant hereby waives notice and hearing of the entry of samesuch order. b. 34.2 No default of this Lease by TenantXxxxxx, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord.

Bankruptcy of Tenant. a. It is understood and agreed that this is a Lease of real property in a Shopping Center as such a Lease is described in Section 365(b)(3) of the Bankruptcy Code, or corresponding future provision. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: (ia) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (iib) to pay monthly in advance on the first day of each month, month as reasonable compensation for use and occupancy of the Demised Premises, Premises an amount equal to all fixed minimum rent, additional rent and other additional rent charges otherwise due pursuant to this Leaselease and to pay percentage rent monthly at the percentage set forth in this Lease on all sales during such month, less minimum rent actually paid in such month; payment of all such percentage rent to be made by the 15th of the succeeding month; and (iiic) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (ivd) to give Landlord at least forty forty-five (45) days' days prior written notice of any proceeding relating to any assumption of this Lease; and (ve) to give Landlord at least thirty (30) days' days prior written notice of any abandonment of the Demised Premises; and any such abandonment to be deemed a rejection of this Lease; and (vif) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (viig) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viiih) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. . No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord. Included within and in addition to any other conditions or obligations imposed upon Tenant or its successor in the event of assumption and/or assignment are the following: (1) the cure of any monetary defaults and the reimbursement of pecuniary loss within not more than thirty (30) days of assumption and/or assignment; and (2) the deposit of an additional sum equal to three (3) months' rent to be held as a security deposit under the terms of this Lease; and (3) the use of the Premises as set forth in Article 8 and all other sections of this Lease; (4) that the quality, quantity and/or lines of food, beverages and services required to be offered for sale shall be unchanged; and (5) the reorganized debtor or assignee of such debtor in possession or of Tenant's trustee demonstrates in writing that it has sufficient background, including, but not limited to, substantial restaurant and beverage experience and the financial ability to operate a restaurant establishment out of the Premises in the manner contemplated in this Lease and meet all other reasonable criteria of Landlord as did Tenant upon execution of this Lease; and (6) the prior written consent of any mortgagee to which this Lease has been assigned as collateral security; and (7) no physical changes of any kind may be made to the Premises unless in compliance with the applicable provision of this Lease.

Bankruptcy of Tenant. a. 21.1. Upon the filing of a petition by or against Tenant under the United States U.S. Bankruptcy CodeAct of 1978, as amended or under any other law relating to bankruptcy, Tenant, as debtor and or as debtor in possession, and any trustee who may be appointed appointed, agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy CourtCourt having jurisdiction thereof; and (ii) to pay monthly in advance on the first day of each month, month as reasonable compensation for use and occupancy of the Demised Premises, Premises an amount equal to all rent and other additional rent charges otherwise due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code Act or within one hundred twenty (120) days (or such shorter term as Landlord, Landlord in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty forty-five (45) days' days prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' days prior written notice of any abandonment of the Demised Premises; and , any such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy CodeAct; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. 21.2. No default of under this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord.

Bankruptcy of Tenant. a. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed appointed, agree as follows: : (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 7 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (ii) to pay monthly in advance on the first day of each month, as reasonable compensation for use and occupancy of the Demised Premises, an amount equal to all rent and other additional rent otherwise due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as LandlordMortgagee, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord Mortgagee at least forty forty-five (45) days' prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' prior written notice of any abandonment of the Demised Premises; and such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord Mortgagee otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. No default of this Lease by Tenant, either prior to or subsequent to after the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by LandlordMortgagee.

Bankruptcy of Tenant. a. Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: : (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "“use and operation" ” of the Demised Premises as provided in paragraph 8 7 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (ii) to pay monthly in advance on the first day of each month, as reasonable compensation for use and occupancy of the Demised Premises, an amount equal to all rent and other additional rent otherwise due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty five (45) days' ’ prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (303) days' ’ prior written notice of any abandonment of the Demised Premises; and such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord.

Bankruptcy of Tenant. a. 35.1 Upon the filing of a petition by or against Tenant under the United States Bankruptcy Code, Tenant, as debtor and or as debtor in possession, and any trustee who may be appointed appointed, agree as follows: (i) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order of the United States Bankruptcy Court; and (ii) to pay monthly in advance on the first day of each month, month as reasonable compensation for use and occupancy of the Demised Premises, Leased Premises in an amount equal to all basic rent and other additional rent otherwise and due pursuant to this Lease; and (iii) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other Chapter; and (iv) to give Landlord at least forty forty-five (45) days' ’ prior written notice of any proceeding relating to any assumption of this Lease; and (v) to give at least thirty (30) days' ’ prior written notice of any abandonment of the Demised Leased Premises; and , any such abandonment to be deemed a rejection of this Lease; and (vi) to do all other things of benefit to Landlord otherwise required under the Bankruptcy Code; and (vii) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viii) to have consented to the entry of an order by an appropriate United States Bankruptcy Court providing all of the above, waiving Tenant hereby waives notice and hearing of the entry of samesuch order. b. 35.2 No default of this Lease by TenantXxxxxx, either prior to or subsequent to the filing of such a petition, shall be deemed to have been waived unless expressly done so in writing by Landlord.

Bankruptcy of Tenant. a. Upon To the greatest extent permitted by law, upon the filing of a petition by or against Tenant under the United States U.S. Bankruptcy Code, Tenant, as debtor and as debtor in possession, and any trustee who may be appointed agree as follows: (ia) to perform each and every obligation of Tenant under this Lease including, but not limited to, the manner of "use and operation" of the Demised Premises as provided in paragraph 8 of this Lease until such time as this Lease is either rejected or assumed by order Order of the United States Bankruptcy Court; and (iib) to pay monthly in advance on the first day of each month, month as reasonable compensation for use and occupancy of the Demised Premises, Premises an amount equal to all fixed minimum rent, additional rent and other additional rent charges otherwise due pursuant to this Lease; and (iiic) to reject or assume this Lease within sixty (60) days of the filing of such petition under Chapter 7 of the U.S. Bankruptcy Code or within one hundred twenty (120) days (or such shorter term as Landlord, in its sole discretion, may deem reasonable so long as notice of such period is given) of the filing of a petition under any other ChapterChapter of the U.S. Bankruptcy Code; and (ivd) to give Landlord at least forty forty-five (45) days' days prior written notice of any proceeding relating to any assumption of this Lease; and (ve) to give Landlord at least thirty (30) days' days prior written notice of any abandonment of the Demised Premises; and Premises (any such abandonment to be deemed a rejection of this Lease); and (vif) to do all other things of benefit to Landlord otherwise required under the U.S. Bankruptcy Code; and (viig) to be deemed to have rejected this Lease in the event of the failure to comply with any of the above; and (viiih) to have consented to the entry of an order Order by an appropriate United States Bankruptcy Court providing all of the above, waiving notice and hearing of the entry of same. b. . No default of this Lease by Tenant, either prior to or subsequent to the filing of such a petitionpetition for bankruptcy, shall be deemed to have been waived unless expressly done so in writing by Landlord. Included within and in addition to any other conditions or obligations imposed upon Tenant or its successor in the event of assumption and/or assignment are the following: (a) the cure of any monetary defaults and the reimbursement of pecuniary loss within not more than thirty (30) days of assumption and/or assignment; and (b) the deposit of an additional sum equal to three (3) months’ rent to be held as a security deposit under the terms of this Lease; and (c) the use of the Premises as set forth in Article 7 and all other Sections of this Lease; and (d) the reorganized debtor or assignee of such debtor in possession or of Tenant’s trustee demonstrates in writing that it has sufficient background, including, but not limited to, substantial “high-technology” business experience and the financial ability to operate a “high-technology” enterprise establishment out of the Premises in the manner contemplated in this Lease and meet all other reasonable criteria of Landlord as did Tenant upon execution of this Lease; and (5) the prior written consent of any mortgagee to which this Lease has been assigned as collateral security; and (6) no physical changes of any kind may be made to the Premises unless in compliance with the applicable provision of this Lease.