Common use of Default by Manager Clause in Contracts

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Facility are at any time suspended, terminated or revoked and not reinstated with the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS does not consent, (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS or an Affiliate of SNH TRS, which continues beyond any applicable notice and cure period.

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Facility Community are at any time suspended, terminated or revoked and not reinstated with within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS Owner in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS Owner in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS Owner does not consent, (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS Owner or an Affiliate of SNH TRSOwner, which continues beyond any applicable notice and cure period.

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Facility are at any time suspended, terminated or revoked and not reinstated with within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS does not consent, (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS or an Affiliate of SNH TRS, which continues beyond any applicable notice and cure period.

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Licensed Facility are at any time suspended, terminated or revoked and not reinstated with within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS Licensee in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS Licensee in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS Licensee does not consent, (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS Licensee or an Affiliate of SNH TRSLicensee, which continues beyond any applicable notice and cure period.

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Facility are at any time suspended, terminated or revoked and not reinstated with within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS does not consent, (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS or an Affiliate of SNH TRS, which continues beyond any applicable notice and cure period.

Default by Manager. An Event of Default with respect to Manager shall occur in the event of any of the following: (a) the Bankruptcy of the Manager, (b) the gross negligence or willful misconduct of Manager with respect to its duties and obligations under this Agreement, (c) the permit(s), license(s) or certificate(s) required for use, operation or management of the Facility are at any time suspended, terminated or revoked and not reinstated with within the applicable appeal period, if any, for any reason due solely to the acts or omissions of Manager, (d) Manager’s failure to keep, observe or perform any material covenant, agreement, term or provision of this Agreement to be kept, observed or performed by Manager, which failure shall continue (i) for a period of five (5) Business Days after Manager receives notice from SNH TRS in case of monetary defaults or (ii) for a period of twenty (20) Business Days after Manager receives notice from SNH TRS in the case of non-monetary defaults, in each case, specifying the default; provided, however, that if such non-monetary default cannot be cured within such twenty (20) Business Day period, then Manager shall be entitled to such additional time as shall be reasonable, provided the default is curable and Manager has promptly proceeded to commence cure of such default within said period, and thereafter diligently prosecutes the cure to completion; provided, however, that in no event shall such additional time exceed ninety (90) days, (e) a Change in Control of Manager to which SNH TRS does not consent,, and (f) a default by Manager or any Affiliate of Manager under any other agreement between Manager or an Affiliate of Manager and SNH TRS or an Affiliate of SNH TRS, which continues beyond any applicable notice and cure period.