Common use of Default of Tenant Clause in Contracts

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date the same shall be due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) if Tenant shall suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”), and Landlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 2 contracts

Samples: Commercial Lease (Entellus Medical Inc), Commercial Lease (Entellus Medical Inc)

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Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date the same shall be due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease Agreement to be observed or performed by Tenant for more than thirty twenty (3020) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this LeaseLease Agreement, or (iv) if Tenant or any guarantor of this Lease Agreement shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease Agreement in any court pursuant to any statute either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filingproperty, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) if Tenant shall petitions for or enters into an arrangement, or suffer this Lease Agreement to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 2 contracts

Samples: Commercial Lease (Celcuity LLC), Commercial Lease (Celcuity LLC)

Default of Tenant. a. In the event The occurrence of any one or more of the following events shall constitute a default and breach of this Lease by Tenant: (ia) Tenant's failure of Tenant to pay any rental due hereunder on rent or charges required to be paid by Tenant under this Lease within 5 days of Landlord's delivery of written notice to Tenant that said amounts are past due; (b) Tenant's abandonment or vacation of the date the same shall be due, or demised premises; (iic) any Tenant's failure to promptly and fully perform any other of the termscovenant, conditions condition or covenants of agreement contained in this Lease to be observed or performed by Tenant where such failure continues for more than thirty (30) 30 days after written notice from Landlord to Tenant of such failure shall have been given to Tenantdefault; (d) the levy of a writ of attachment or execution on this Lease or on any of the property of Tenant located in the premises; (e) the making by Tenant of a general assignment for the benefit of its creditors or of an arrangement, provided composition, extension or adjustment with its creditors; (f) the filing by or against Tenant of a petition for relief or other proceeding under federal bankruptcy laws or state or other insolvency laws, which petition is not removed or which action is not dismissed within 90 days of its filing, or the assumption by any court or administrative agency, or by a receiver, trustee or custodian appointed by either, of jurisdiction, custody or control of the premises or of Tenant or any substantial part of its assets or property; or (g) if such failure the interest of Tenant under this Lease is held by a partnership or by more than one person or entity, the occurrence of any act or event described in parts (e) or (f) above in respect of any partner of the partnership. Except as otherwise specified by this paragraph, in the event a nonmonetary default occurs which cannot reasonably be cured within the time period specified above and Tenant commences corrective action within said thirty (30) day time period, such period Tenant shall not be extended in default or subject to penalty under this Lease so long as Tenant commence cure within said period prosecutes such corrective action diligently and continues continuously to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) if Tenant shall suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”), and Landlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned therebycompletion.

Appears in 1 contract

Samples: Pixar \Ca\

Default of Tenant. a. (a) In the event of any (i) failure of Tenant Lessee to pay any rental due hereunder on the date within ten (10) days after the same shall be due, or (ii) any failure to perform any other of the termsterm, conditions condition or covenants covenant of this Lease to be observed or performed by Tenant Lessee for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafterLessee, or (iii) if Tenant Lessee or an agent of Tenant Lessee shall falsify any report required to be furnished to Landlord Lessor pursuant to the terms of this Lease, or (iv) if Tenant Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s Lessee's or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant Lessee or any such guarantor makes an assignment for the benefit or of creditors, or (vi) petitions for or enters into an arrangement, or if Tenant Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Tenant Lessee shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and LandlordLessor, in addition to other rights or of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, of and for the account of Tenantthe Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Childrens Broadcasting Corp

Default of Tenant. a. (a) In the event of any (i) failure of Tenant Lessee to pay any rental due hereunder on the date within ten (10) days after the same shall be due, or (ii) any failure to perform any other of the termsterm, conditions condition or covenants covenant of this Lease to be observed or performed by Tenant Lessee for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafterLessee, or (iii) if Tenant Lessee or an agent of Tenant Lessee shall falsify any report required to be furnished to Landlord Lessor pursuant to the terms of this Lease, or (iv) if Tenant Lessee or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant Lessee or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or 146 insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s Lessee's or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant Lessee or any such guarantor makes an assignment for the benefit or of creditors, or (vi) petitions for or enters into an arrangement, or if Tenant Lessee shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Tenant Lessee shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and LandlordLessor, in addition to other rights or of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, of and for the account of Tenantthe Lessee, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Childrens Broadcasting Corp

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date within ten (10) days after the same shall be due, becomes due or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall intentionally falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filingproperty, or (v) if Tenant or any such guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) if Tenant shall suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or remedies it may have, shall have have, upon receipt of an order so stating from a court of competent jurisdiction, the immediate right of re-entry and may in such event remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Thoratec Corp)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental or other charges due hereunder on the date within ten (10) days after the same shall may be due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such failure default shall have been given mailed to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) if Tenant shall suffer abandon said premises, or permit this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”), and Landlord, in addition to besides other rights or remedies it may have, shall have the right to declare this Lease terminated and/or shall have the immediate right of re-entry and may remove all persons and property from the Leased Premises and such property may be removed and or stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service evidence of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.. Should Landlord elect to re-enter or take possession pursuant to legal proceedings or any notice provided for Landlord, Landlord may either terminate this Lease or from time to time, without terminating this Lease relet the premises or any part thereof on such terms and conditions as Landlord shall in its sole discretion deem advisable. The proceeds of such reletting shall be applied: first to the payment of any indebtedness of Tenant to Landlord other than rent due hereunder; second, to the payment of any reasonable costs of such reletting, including the cost of any reasonable alterations and repairs to the premises; third, to the

Appears in 1 contract

Samples: Office Building Lease Agreement (Community Central Bank Corp)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date within ten (10) days after the same shall be becomes due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty ten (3010) days after written notice of such failure shall have has been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify falsifies any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become becomes bankrupt or insolvent, or file any debtor proceedings or any person shall take takes or have has against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filingproperty, or (v) if Tenant or any such guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) petitions for or enters into an arrangement with its creditors, or if Tenant shall abandons the Premises or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall will be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or of remedies it may have, shall will have the immediate right of re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Aetrium Inc)

Default of Tenant. a. In the event of any (i) failure of If Tenant fails to pay any rental due hereunder on the date within five (5) days after the same shall be due, or (ii) any failure fails to perform any other of the termsterm, conditions condition or covenants covenant of this Lease to be observed or performed by Tenant for more than thirty ten (3010) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have file against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) petitions for or enters into an arrangement, or if Tenant shall abandon the Leased Property or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises Leased Property and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Lease (Biosensor Corp)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental rent due hereunder on the date the same shall be due, or within ten (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (3010) days after written notice of such failure default shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord Peel Properties pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have taken against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state State or Commonwealth a petition of bankruptcy in Bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or petitions for or enters into an arrangement, or if Tenant shall vacate or abandon said Premises within the first twenty-four (vi24) months of the Initial Term of the Lease, or if Tenant shall suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”), and LandlordPeel Properties, in addition to all other rights or remedies it may have, shall have the immediate right to re-enter the Premises which right of re-entry shall include the right to lock out the Tenant and take sole possession of Premises, with or without terminating this Lease, and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.or

Appears in 1 contract

Samples: Lease Agreement (Efox Net Inc)

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Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date the same with five (5) days after written notice of such failure shall be duehave been given to Tenant, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall knowingly falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn dismissed within forty-five sixty (4560) days after filingof the date Tenant receives notice of the same, or (v) if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) if Tenant shall suffer this Lease to be taken under any writ of executionabandon the Demised Premises without adequately providing for the protection thereof, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or of remedies it may have, shall have the immediate right of re-entry and may may, by process of law only, remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Vyant Bio, Inc.)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date within five (5) days after receipt of written notice that the same is due (provided, however, that Landlord shall be duehave the obligation to provide written notice of a rental default only one (1) time during any twelve (12) month period), or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty twenty (3020) days after written notice of such failure shall have been given to Tenant, provided or such additional time as may be necessary if such failure cannot be cured within said thirty such twenty (3020) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolventbankrupt, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute statue either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property property, and such proceedings or petition proceeding is not withdrawn removed within forty-five sixty (4560) days after filing, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) petitions for or enters into such an arrangement, or if Tenant shall suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or of remedies it may have, shall have the immediate right of or re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Ciprico Inc)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on (i) within five (5) days after written notice, if there has been no prior notice of rent payment default during the date the same shall be duepreceding twelve (12) months, or otherwise (ii) within ten (10) days of when due (without any notice requirement), or any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty (30) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant or any such guarantor's property, or if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) if Tenant shall petitions for or enters into an arrangement with its creditors, or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (BioDrain Medical, Inc.)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental Rent due hereunder on the date the same shall be due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty twenty (3020) days after written notice of such failure shall have been given to Tenant, provided Tenant (or if such failure the default cannot be reasonably cured within said thirty (30) day period, period and Tenant fails promptly to commence with due diligence and dispatch the curing of such period shall be extended so long as Tenant commence cure default within said period and continues to diligently pursue cure thereafterthirty (30) day period), or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s 's or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filing's property, or (v) if Tenant or any such guarantor makes an assignment for the benefit or creditors, or (vi) petitions for or enters into an arrangement, or if Tenant shall abandon the Premises or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Celcuity Inc.)

Default of Tenant. a. In the event of any (i) failure of Tenant to pay any rental due hereunder on the date within ten (10) days after the same shall be becomes due, or (ii) any failure to perform any other of the terms, conditions or covenants of this Lease to be observed or performed by Tenant for more than thirty ten (3010) days after written notice of such failure shall have been given to Tenant, provided if such failure cannot be cured within said thirty (30) day period, such period shall be extended so long as Tenant commence cure within said period and continues to diligently pursue cure thereafter, or (iii) if Tenant or an agent of Tenant shall falsify any report required to be furnished to Landlord pursuant to the terms of this Lease, or (iv) if Tenant or any guarantor of this Lease shall become bankrupt or insolvent, or file any debtor proceedings or any person shall take or have against Tenant or any guarantor of this Lease in any court pursuant to any statute either of the United States or of any state a petition of in bankruptcy or insolvency or for reorganization or for the appointment of a receiver or trustee of all or a portion of Tenant’s or any such guarantor’s property and such proceedings or petition is not withdrawn within forty-five (45) days after filingproperty, or (v) if Tenant or any such guarantor’s property, or if Tenant or any such guarantor makes an assignment for the benefit or of creditors, or (vi) petitions for or enters into an arrangement with its creditors, or if Tenant shall abandon the Demised Premises or suffer this Lease to be taken under any writ of execution, then in any such event Tenant shall be in default hereunder (each of the foregoing is an “Event of Default”)hereunder, and Landlord, in addition to other rights or of remedies it may have, shall have the immediate right of re-entry and may remove all persons and property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant, all without service of notice or resort to legal process and without being guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby.

Appears in 1 contract

Samples: Commercial Lease (Restore Medical, Inc.)

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