Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease; (1) Lessee shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease and such failure is not cured within ten days after written notice to Lessee; (2) Lessee shall abandon any substantial portion of the leased premises; (3) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of rent, and the failure is not cured within 20 days after written notice to Lessee; (4) Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or (5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a part.
Appears in 1 contract
Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease;
(1) If Lessee shall fail to pay to Lessor the rent ----------------- and/or other sums of money payable to Lessor as and when due any installment of rent or any other payment required pursuant to this Lease and payable hereunder, and such failure is not cured within default shall continue for a period of ten (10) days after written notice thereof shall be given to Lessee;
(2) Lessee shall abandon any substantial portion of by Lessor, or in the leased premises;
(3) event Lessee shall fail to comply with any term, provision other provisions or covenant conditions of this Lease, other than the payment of rentupon its part to be kept and performed, and the failure is not cured within 20 such default shall continue for a period of thirty (30) days after written notice thereof shall be given to Lessee;
Lessee by Lessor (4or for such longer period as is reasonably necessary if the alleged default is not reasonably capable of cure within thirty (30) days and Lessee diligently proceeds to cure such default), or if Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors bankrupt, or shall make an assignment for the benefit of creditors; or
, or if a receiver of any property of Lessee in or upon said Leased Premises, or for all or part of Lessees' interest hereunder, be appointed in any action, suit or proceeding by or against Lessee, and such adjudication, assignment or appointment shall not be vacated or annulled within sixty (560) days, or if the interest of Lessee in the Leased Premises shall be sold under execution, or other legal process then in the event of the occurrence of any one or more of the following events then Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project have committed an "Event of which the leased premises are a partDefault".
Appears in 1 contract
Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease;:
(1) Lessee shall fail to pay when due any installment of base rent or additional rent or any other payment required pursuant to this Lease and such failure is not cured within ten days after written notice to Lessee;Lease; or
(2) Lessee shall abandon or vacate all or any substantial portion of the leased premises;Leased Premises; or
(3) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of base rent and additional rent, and the failure is not cured within 20 ten (10) days after written notice to Lessee;, unless the failure cannot reasonably be cured within ten (10) days, in which event Lessee will not be in default so long as it commences the cure within ten (10) days and diligently pursues it to completion; or
(4) Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises Leased Premises or the building and/or project Building of which the leased premises Leased Premises are a partpart and the lien is not released within thirty (30) days after Lessee received notice of it.
Appears in 1 contract
Default by Lessee. The occurrence of any one or more of the following events shall be deemed to be events constitute a default and breach of default this Outlease by Lessee under this Lease;
(1hereinafter “Event of “Default”): (i) Lessee shall fail fails to pay when due make any installment payment of rent Rent on the Rent Due Date or any other payment required pursuant to be made by the Lessee under this Lease Outlease, when due, and such failure shall continue for a period of ten (10) days after Lessor has given Lessee written notice of such failure; or (ii) Lessee abandons the Premises for thirty days or more, or fails to observe or perform any term, covenant, condition or the provisions of this Outlease required to be observed or performed by Lessee, where such failure is not cured to the full satisfaction of the Lessor within ten 30 days after written notice by the Lessor to Lessee of said failure Upon such Event of Default by Lessee;
(2) Lessee , the Lessor, at its option, without further notice or demand, shall abandon have the right to any substantial portion one or more of the leased premises;
(3following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: a) Lessee shall fail to comply with any term, provision declare this Outlease ended and terminated and may re-enter the Premises and remove all persons or covenant of this Lease, other than the payment of rentthings therefrom, and the failure is not cured within 20 days after written Lessee hereby expressly waives all service of any demand or notice prescribed by any law or statute whatsoever; and (b) Lessor may enter the Premises and eject Lessee, forcibly or otherwise, without regard to any law or statute to the contrary, dispose of Lessee;
(4) ’s personal property in the Premises as deemed in the best interest of the Lessor, and Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations liable for such damages as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a partLessor may incur.
Appears in 1 contract
Default by Lessee. The occurrence of any one or more of the following events shall be deemed to be events constitute a default and breach of default this Outlease by Lessee under this Lease;
(1hereinafter “Event of “Default”): (i) Lessee shall fail fails to pay when due make any installment payment of rent Rent on the Rent Due Date or any other payment required pursuant to be made by the Lessee under this Lease Outlease, when due, and such failure shall continue for a period of ten (10) days after Lessor has given Lessee written notice of such failure; or (ii) Lessee abandons the Premises for thirty days or more, or fails to observe or perform any term, covenant, condition or the provisions of this Outlease required to be observed or performed by Lessee, where such failure is not cured to the full satisfaction of the Lessor within ten 30 days after written notice by the Lessor to Lessee of said failure Upon such Event of Default by Lessee;
(2) Lessee , the Lessor, at its option, without further notice or demand, shall abandon have the right to any substantial portion one or more of the leased premises;
following remedies in addition to all other rights and remedies provided at law or in equity or elsewhere herein: (3a) Lessee shall fail to comply with any term, provision declare this Outlease ended and terminated and may re-enter the Premises and remove all persons or covenant of this Lease, other than the payment of rentthings therefrom, and the failure is not cured within 20 days after written Lessee hereby expressly waives all service of any demand or notice prescribed by any law or statute whatsoever; and (b) Lessor may enter the Premises and eject Lessee, forcibly or otherwise, without regard to Lessee;
(4) any law or statute to the contrary, dispose of Xxxxxx’s personal property in the Premises as deemed in the best interest of the Lessor, and Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations liable for such damages as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a partLessor may incur.
Appears in 1 contract
Samples: Outlease Agreement
Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease;:
(1) Lessee shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease and such the failure is not cured within ten (10) days after receipt of written notice notice; provided, however, Lessee shall not be entitled to Lesseemore than two (2) notices of a delinquency in payment during any calendar year;
(2) Lessee shall abandon any substantial portion of the leased premisesLeased Premises;
(3) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of rent, and the failure is not cured within 20 twenty (20) days after receipt of written notice by Lessee or if such default cannot reasonably be cured within twenty (20) days, then Lessee has failed to Lessee;
commence to cure within such twenty (20) day period and/or fails to diligently prosecute same to completion, or to the extent that such default does not interfere with or disturb any other lessee or violate law, then such cure period shall be thirty (30) days; (4) Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do vacate or permit to be done any act which results in a lien being filed against abandon the leased premises or Leased Premises except as permitted by the building and/or project of which the leased premises are a part.Rider, Paragraph 9; or
Appears in 1 contract
Samples: Sublease (Channelpoint Inc)
Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease;:
(1) Lessee shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease and such the failure is not cured within ten (10) days after written notice to Lesseethereof;
(2) Lessee shall abandon any substantial portion of the leased premises;
(3) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than the payment of rent, and the failure is not cured within 20 thirty (30) days after written notice to Lessee;, or if such failure cannot reasonably be cured within such thirty (30) day period, within such period of time as is reasonably necessary; provided, however, that Lessee commences the cure of such failure within such thirty (30) day period and diligently pursues such cure to completion; or
(4) Lessee or any guarantor under this lease shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a part, generally.
Appears in 1 contract
Default by Lessee. The following shall If default be deemed to be events of default by Lessee under this Lease;
(1) Lessee shall fail to pay when due any installment made in the payment of rent or any other payment required pursuant to this Lease due from Lessee hereunder and such failure is not cured within default continues for a period of ten (10) days after written notice thereof shall have been given to Lessee;
(2) lessee, or if default be made in the performance or observance by Lessee shall abandon of any substantial portion of the leased premises;
(3) Lessee shall fail to comply with any term, provision other covenants or covenant of this Lease, other than the payment of rentconditions herein contained, and the failure is not cured within 20 such payment or performance default shall continue for twenty (20) days after written notice shall have been given to Lessee;
Lessee (4except if such default be of a nature that cannot be cured within twenty (20) days, Lessee shall file a petition have such period of additional time to cure same as may be reasonably required, provided that Lessee promptly commences to cure the default and diligently pursues such cure), then Lessor may elect to terminate this Lease and declare the term ended (or, without terminating this Lease, terminate Lessee's right of possession), to re-enter the Premises or be adjudged bankrupt any part thereof, to expel and remove Lessee or insolvent under any applicable federal person or state bankruptcy or insolvency persons occupying the same in accordance with law or admit and again to repossess and enjoy the premises, and to collect all rents and other charges due hereunder and reasonable costs of reletting, removal and re-entering including but not limited to reasonable attorney's fees; it being understood, however, that it cannot meet nothing herein shall relieve Lessor of its financial obligations as they become due; or a receiver or trustee duty to take reasonable steps to mitigate damages. All damages incurred by Lessor and amount expended by Lessor in curing Lessee's defaults shall be appointed for all or substantially all of the assets of Lessee; or paid by Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a partupon demand by Lessor.
Appears in 1 contract
Default by Lessee. The following shall be deemed Should LESSEE default in the payment of any rent or other monies required hereunder to be events paid by LESSEE, as and when the same become due, or should LESSEE default in the performance of default by Lessee under this Lease;
(1) Lessee shall fail to pay when due any installment of rent or any other payment required pursuant to this Lease and such failure is not cured within ten days after written notice to Lessee;
(2) Lessee shall abandon any substantial portion of the leased premises;
(3) Lessee shall fail to comply with any term, provision or covenant of this Lease, other than LESSOR may, after twenty (20) days' written notice to LESSEE of any such default in the payment of rentrent or other monies, and the failure is not cured within 20 days or after thirty (30) days' written notice to Lessee;
LESSEE of default in the performance of any other covenant by LESSEE, if such default or other violation shall not have been corrected or cured during such 20-day or 30-day period (4) Lessee shall file or if the default is of such a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit nature that it cannot meet its financial obligations as they become due; be cured in the stated cure period and LESSEE shall not be actively engaged during such period in attempting to correct or a receiver or trustee shall be appointed for all or substantially all cure same), terminate this Lease, re-enter and take possession of the assets Leased Space and relet the same or any part thereof on such terms, conditions and rentals as LESSOR may deem proper. In such event, LESSOR shall apply the proceeds that may be collected from any such reletting, less the reasonable expense of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for doing so, against the benefit of creditors; or
(5) Lessee shall do or permit rent and other sums to be done paid by LESSEE and hold LESSEE for any act which results in a lien being filed against the leased premises or the building and/or project of which the leased premises are a partbalance that may be due under this Lease. LESSOR shall also retain all other rights and remedies under law with respect to LESSEE's default.
Appears in 1 contract
Samples: Hangar and Office Lease (Republic Airways Holdings Inc)
Default by Lessee. The following shall be deemed to be events of default by Lessee under this Lease;:
(1) Lessee shall fail to pay when due any installment of base rent or additional rent or any other payment required pursuant to this Lease and such failure is not cured within ten days after written notice to Lessee;Lease; or
(2) Lessee shall abandon or vacate all or any substantial portion of the leased premises;Leased Premises; or
(3) Lessee shall materially fail to comply with any term, provision or covenant of this Lease, other than the payment of base rent and additional rent, and the failure is not cured within 20 ten (10) days after written notice to Lessee;, unless the failure cannot reasonably be cured within ten (10) days, in which event Lessee will not be in default so long as it commences the cure within ten (10) days and diligently pursues it to completion; or
(4) Lessee shall file a petition or be adjudged bankrupt or insolvent under any applicable federal or state bankruptcy or insolvency law or admit that it cannot meet its financial obligations as they become due; or a receiver or trustee shall be appointed for all or substantially all of the assets of Lessee; or Lessee shall make a transfer in fraud of creditors or shall make an assignment for the benefit of creditors; or
(5) Lessee shall do or permit to be done any act which results in a lien being filed against the leased premises Leased Premises or the building and/or project Building of which the leased premises Leased Premises are a partpart and the lien is not released within thirty (30) days after Lessee received notice of it.
Appears in 1 contract
Samples: Standard Commercial Lease (New Era of Networks Inc)