Contest by Tenant. If upon the filing of any involuntary petition of the type described in Section 17.1(b) or upon the appointment of a receiver, other than a receiver appointed in any voluntary proceeding referred to in Section 17.1(b), or the taking of possession of all or a substantial portion of the Premises by any department of the city, county, state or federal government, or any officer thereof duly authorized, by reason of the alleged insolvency of Tenant without the consent or over the objection of Tenant, should Tenant desire to contest the same in good faith, Tenant shall, within ninety (90) days after the filing of the petition or after the appointment or taking of possession, give Notice to Landlord that Tenant proposes to make the contest, and the same shall not constitute a Default so long as Tenant shall prosecute the proceedings with due diligence and no part of the Premises shall be exposed to sale by reason of the continuance of the contest.
Appears in 3 contracts
Samples: Ground Lease (Cisco Systems Inc), Lease (Cisco Systems Inc), Ground Lease (Cisco Systems Inc)
Contest by Tenant. If upon the filing of any involuntary petition of the type described in Section 17.1(b16.1(d) or upon the appointment of a receiver, other than a receiver appointed in any voluntary proceeding referred to in Section 17.1(b16.1(d), or the taking of possession of all or a substantial portion of the Premises by any department of the city, county, state or federal government, or any officer thereof duly authorized, by reason of the alleged insolvency of Tenant without the consent or over the objection of Tenant, should Tenant desire to contest the same in good faith, Tenant shall, within ninety (90) days after the filing of the petition or after the appointment or taking of possession, give Notice to Landlord that Tenant proposes to make the contest, and the same shall not constitute a an Event of Default so long as Tenant shall prosecute the proceedings with due diligence and no part of the Premises shall be exposed to sale by reason of the continuance of the contest.
Appears in 1 contract
Samples: Octel Communications Corp
Contest by Tenant. If upon the filing of any involuntary petition of the type described in Section 17.1(b19.1(d) or upon the appointment of a receiver, other than a receiver --------------- appointed in any voluntary proceeding referred to in Section 17.1(b19.1(d), or the --------------- taking of possession of all or a substantial portion of the Premises a Parcel by any department of the city, county, state or federal government, or any officer thereof duly authorized, by reason of the alleged insolvency of Tenant without the consent or over the objection of Tenant, should Tenant desire to contest the same in good faith, Tenant shall, within ninety (90) days after the filing of the petition or after the appointment or taking of possession, give Notice to Landlord that Tenant proposes to make the contest, and the same shall not constitute a an Event of Default so long as Tenant shall prosecute the proceedings with due diligence and no part of the Premises any Parcel shall be exposed to sale by reason of the continuance of the contest.
Appears in 1 contract
Samples: Construction Management Agreement (Ascend Communications Inc)