Conditional Limitations; Default Provisions Sample Clauses
Conditional Limitations; Default Provisions. (a) If any Event of Default shall have occurred, Landlord shall have the right at its option, then or at any time thereafter (so long as Landlord commences one or more of the remedies set forth below at a time when an Event of Default is continuing), to do any one or more of the following without demand upon or notice to Tenant:
(i) Landlord may give Tenant notice of Landlord’s intention to terminate this Lease on a date specified in such notice (which date shall be no sooner than thirty (30) days after the date of the notice). Upon the date therein specified the Term and the estate hereby granted and all rights of Tenant hereunder shall expire and terminate as if such date were the date hereinabove fixed for the expiration of the Term, but Tenant shall remain liable for all its obligations hereunder through the date hereinabove fixed for the expiration of the Term, including its liability for Basic Rent and Additional Rent as hereinafter provided.
(ii) Landlord may, whether or not the Term of this Lease shall have been terminated pursuant to clause (i) above give Tenant notice to surrender any or all of the Leased Properties to Landlord on a date specified in such notice (which date shall be no sooner than thirty (30) days after the date of the notice), at which time Tenant shall surrender and deliver possession of such Leased Property or Leased Properties to Landlord. Upon or at any time after taking possession of a Leased Property, Landlord may remove any persons or property
Conditional Limitations; Default Provisions. (a) Any of the following occurrences or acts shall constitute an Event of Default ("Event of Default") under this Lease:
(i) if Tenant shall fail to pay any Basic Rent, additional rent or other sum required to be paid by Tenant hereunder; or
(ii) if Tenant shall fail to observe or perform any other provision hereof and such failure shall continue unremedied for 30 days after the earlier of (1) written notice thereof from Landlord or, the Note Purchaser or any holder of the Notes to Tenant, (2) the first date on which an officer of Tenant shall have actual knowledge that a default has occurred and is continuing under this Section 18(a)(ii); or
(iii) if Tenant or any of its subsidiaries has entered against it or on its behalf an order for relief under the Federal bankruptcy laws, or any other applicable Federal or state bankruptcy, insolvency or other similar law, or becomes insolvent, or makes an assignment for the benefit of creditors, or fails to generally pay its debts as such debts become due, or Tenant or any such subsidiary applies for or consents to the appointment of a trustee or receiver or for the major part of its property; or
(iv) a custodian (including without limitation a trustee or receiver) is appointed for Tenant or any of its subsidiaries or for the major part of the property of either and is not discharged within 90 days after such appointment; or
(v) bankruptcy or insolvency proceedings, or other proceedings for relief under any bankruptcy or similar Federal or state law or laws for the relief of debtors, are instituted by or against Tenant or any of its subsidiaries and, if instituted against Tenant or any such subsidiary are consented to or are not dismissed within 90 days after such institution; or
(vi) if the Premises shall have been left abandoned for a period of 30 days; or
(vii) if Tenant shall fail to observe or perform any provision of the Assignment of Lease dated as of _____________, ______ (the "Assignment") among Landlord, Tenant and the Note Purchaser relating to the Premises; of
Conditional Limitations; Default Provisions. Section 20.1. This lease and the term of this lease are subject to the limitations that if, at any time prior to or during the term of this lease, any one or more of the following events (herein called an "Event of Default") shall occur, that is to say:
20.1.1. If Tenant shall make an assignment for the benefit of its creditors; or
20.1.2. If any petition shall be filed against Tenant in any court, whether or not pursuant to any statute of the United States or of any State, in any bankruptcy, reorganization, composition, extension, arrangement or insolvency proceeding, and if any such proceeding shall not be dismissed within ninety (90) days after the institution of the same; or if any such petition shall be so filed by Tenant; or
20.1.3. If, in any proceeding, a receiver or trustee be appointed for all or any portion of Tenant's property, and such receivership or trusteeship shall not be vacated or set aside within ninety (90) days after the appointment of such receiver or trustee; or
20.1.4. If Tenant shall fail to pay any installment of the Fixed Annual Rent or any Additional Rent (subject to Sections 20.1.5 and 20.1.6 below), or any part thereof, when the same shall become due and payable, and such failure shall continue for ten (10) days after notice thereof from Landlord to Tenant, provided, however, that Landlord shall be required to give Tenant notice of failure to pay only for the first two (2) times in any twelve (12) month period, and further provided that, with respect to any payment to be made to a Fee Mortgagee, (i) same shall be paid by Tenant at least two (2) business days prior to the expiration of the grace or cure period contained in such Fee Mortgage, (ii) proof of payment by facsimile transmission shall be sent to Landlord immediately upon payment by Tenant and (iii) no notice of failure to pay such payment to a Fee Mortgagee shall be given by Landlord to Tenant. A failure on the part of Tenant to pay such requisite amounts under a Fee Mortgage in accordance with this provision (unless Fee Mortgagee waives any resulting default or reinstates the Fee Mortgage following such default) shall constitute an Event of Default. However, the failure on the part of Tenant to submit proof of payment thereof shall constitute an Event of Default under this lease only if (i) Tenant has received notice from Landlord that Landlord has not received said copies and (ii) Tenant has not forwarded said copies within ten (10) business days of receipt of said...
Conditional Limitations; Default Provisions. 24 20. Additional Rights of Landlord and Tenant.......................... 27 21. Notices........................................................... 28
Conditional Limitations; Default Provisions. 16 Section 7.02. Bankruptcy or Insolvency...................................19 Section 7.03. Additional Rights of Lessor................................19
Conditional Limitations; Default Provisions. 37 Section 29. Remedies of Landlord; Waivers ............................... 38 Section 30. Quiet Enjoyment; Subordination to Qualified Fee Mortgage .... 40 Section 31. Certificates ................................................ 40 Section 32. Consents, Approvals, Etc .................................... 41 Section 33. Notices, Demands, Etc ....................................... 41 Section 34. Limitation on Landlord's Liability .......................... 42 Section 35. No Merger of Title .......................................... 43 Section 36.
Conditional Limitations; Default Provisions. This Sublease and the term are subject to the limitations that, if at any time after the date hereof, any one of the following events (hereinafter called an "Event of Default") shall occur:
Conditional Limitations; Default Provisions. (a) Any of the following occurrences or acts shall constitute an "Event of Default" under this Lease:
Conditional Limitations; Default Provisions. (a) If any Event of Default shall have occurred, Landlord shall have the right at its option, then or at any time thereafter, to do any one or more of the following without demand upon or notice to Tenant:
Conditional Limitations; Default Provisions. 12 SECTION 16.
