Common use of Cumulative Powers and Avoidance of Payments Clause in Contracts

Cumulative Powers and Avoidance of Payments. (a) The powers conferred on the Landlord hereunder are cumulative without prejudice to its powers under the general law and may be exercised as often as the Landlord thinks appropriate The Landlord may in connection with the exercise of its powers join or concur with any person in any transaction scheme or arrangement whatsoever (b) If the Landlord reasonably considers that any amount paid by the Surety hereunder is capable of being avoided or set aside on the liquidation or administration of the Surety or otherwise then for the purposes of this Lease such amount shall not be considered to have been paid (c) Any settlement or discharge between the Landlord and the Tenant and/or the Surety shall be conditional upon no security or payment to the Landlord by the Tenant or the Surety or any other person being avoided or set aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy insolvency or liquidation for the time being in force and accordingly (but without limiting the Landlord's other rights hereunder) the Landlord shall be entitled to recover from the Surety the value which the Landlord has placed upon such security or the amount of any such payment as if such settlement or discharge had not occurred

Appears in 2 contracts

Samples: Underlease (Acc Corp), Underlease (Acc Corp)

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Cumulative Powers and Avoidance of Payments. (a) 10.1 The powers conferred on the Landlord hereunder are cumulative without prejudice to its powers under the general law and may be exercised as often as the Landlord thinks appropriate The Landlord may in connection with the exercise of its powers join or concur with any person in any transaction scheme or arrangement whatsoever (b) If the Landlord reasonably considers that any amount paid by the Surety hereunder is capable of being avoided or set aside on the liquidation or administration of the Surety or otherwise then for the purposes of this Lease such amount shall not be considered to have been paid (c) 10.2 Any settlement or discharge between the Landlord and the Tenant Assignee and/or the Surety Assigning Tenant shall be conditional upon no security or payment to the Landlord by the Tenant Assignee or the Surety Assigning Tenant or any other person being avoided or set aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy insolvency or liquidation for the time being in force and accordingly (but without limiting the Landlord's ’s other rights hereunder) the Landlord shall be entitled to recover from the Surety Assigning Tenant the value which the Landlord landlord has placed upon such security or the amount of any such payment as if such settlement or discharge had not occurred

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

Cumulative Powers and Avoidance of Payments. (a) 8.1 The powers conferred on the Landlord hereunder are cumulative without prejudice to its powers under the general law and may be exercised as often as the Landlord thinks appropriate The Landlord may in connection with the exercise of its powers join or concur with any person in any transaction scheme or arrangement whatsoever (b) If the Landlord reasonably considers that any amount paid by the Surety hereunder is capable of being avoided or set aside on the liquidation or administration of the Surety or otherwise then for the purposes of this Lease such amount shall not be considered to have been paid (c) 8.2 Any settlement or discharge between the Landlord and the Tenant and/or the Surety shall be conditional upon no security or payment to the Landlord by the Tenant or the Surety or any other person being avoided or set aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy insolvency or liquidation for the time being in force and accordingly (but without limiting the Landlord's ’s other rights hereunder) the Landlord shall be entitled to recover from the Surety the value which the Landlord landlord has placed upon such security or the amount of any such payment as if such settlement or discharge had not occurred

Appears in 1 contract

Samples: Lease (Tollgrade Communications Inc \Pa\)

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Cumulative Powers and Avoidance of Payments. (a) 10.1 The powers conferred on the Landlord hereunder are cumulative without prejudice to its powers under the general law and may be exercised as often as the Landlord thinks appropriate The Landlord may in connection with the exercise of its powers join or concur with any person in any transaction scheme or arrangement whatsoever (b) 10.2 If the Landlord reasonably considers that any amount paid by the Surety Assigning Tenant hereunder is capable of being avoided or set aside on the liquidation or administration of the Surety Assigning Tenant or otherwise then for the purposes of this Lease agreement (save in relation to any liability for payment of interest hereunder or under the Lease) such amount shall not be considered to have been paid (c) 10.3 Any settlement or discharge between the Landlord and the Tenant Assignee and/or the Surety Assigning Tenant shall be conditional upon no security or payment to the Landlord by the Tenant Assignee or the Surety Assigning Tenant or any other person being avoided or set aside or ordered to be refunded or reduced by virtue of any provision or enactment relating to bankruptcy insolvency or liquidation for the time being in force and accordingly (but without limiting the Landlord's other rights hereunder) the Landlord shall be entitled to recover from the Surety Assigning Tenant the value (not exceeding the amount for which the Assignment Tenant would otherwise have been liable hereunder) which the Landlord has placed upon such security or the amount of any such payment as if such settlement or discharge had not occurred

Appears in 1 contract

Samples: Lease (MPT Operating Partnership, L.P.)

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