Common use of Defaults by Tenant Clause in Contracts

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes the same. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's assets in or about the Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in or about the Premises or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 4 contracts

Samples: Lease Agreement (Intimate Brands Inc), Lease Agreement (Intimate Brands Inc), Lease Agreement (Intimate Brands Inc)

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Defaults by Tenant. The occurrence of any one or more of the following events shall be a default an “Event of Default” under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same of when due; or Tenant shall be fail to pay any other amounts due and payable, and such nonpayment continues for a period of Landlord from Tenant as additional rent or otherwise within ten (10) days after Landlord gives Landlord’s delivery of written notice to Tenant written notice of that such nonpaymentpayment is due or past due. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (other than those referenced in subsection 14.01(A) hereof) for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided. C. Tenant shall vacate, however, that if abandon or fail to occupy the term, condition, covenant Premises or obligation to be performed by Tenant is any substantial portion thereof for a period of such nature that the same cannot reasonably be performed within such less than thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes consecutive days following the sameCommencement Date. C. D. Tenant shall interfere with any other tenant’s use of such tenant’s leased premises or the Common Areas of the Building. E. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes shall make an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are shall be attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. F. A petition in bankruptcy, insolvency, or for reorganization or arrangement is shall be filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 2 contracts

Samples: Lease Agreement (Celsion CORP), Lease Agreement (Clarient, Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach Default of this Lease by Tenant: A. Tenant shall fail Tenant’s failure to pay any monthly installment of either Base Rent or Additional Rent within five (5) calendar days after the same shall be due and payablewritten notice thereof, or any other sum(s) sums due hereunder within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpaymentthereof; provided, however, Tenant shall not be entitled to written notice commencing on the third (3rd) and subsequent occasion in any twelve (12) consecutive month period in which Tenant fails to pay Rent or any other sums as and when due under this Lease. B. Tenant shall fail Tenant’s failure to perform or observe any term, condition, covenant or obligation obligation, other than the payment of money, required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes undertakes to complete the same, and in fact, completes same within sixty (60) days after notice from Landlord. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A ; or a petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, and with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Wells Real Estate Fund Xiii L P)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment Rental Installment of Minimum Annual Rent or the Annual Rental Adjustment within five ten (510) calendar days after written notice that such payments are due and payable, or any other amounts due Landlord from Tenant as additional rent or otherwise including any amounts owed by Tenant for Building Non-Standard Work within thirty (30) days after written notice the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty ten (3010) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) ten-day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) ten-day period and thereafter diligently completes the same.thereafter C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's assets in in, on or about the Leased Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in in, on or about the Leased Premises or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default an “Event of Default” under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same of when due; or Tenant shall be fail to pay any other amounts due and payable, and such nonpayment continues for a period of Landlord from Tenant as additional rent or otherwise within ten (10) days after Landlord gives Landlord’s delivery of written notice to Tenant written notice of that such nonpaymentpayment is due or past due. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (other than those referenced in subsection 14.01 (A) hereof) for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided. C. Tenant shall vacate, however, that if abandon or fail to occupy the term, condition, covenant Premises or obligation to be performed by Tenant is any substantial portion thereof for a period of such nature that the same cannot reasonably be performed within such less than thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes consecutive days following the sameCommencement Date. C. D. Tenant shall interfere with any other tenant’s use of such tenant’s leased premises or the Common Areas of the Building. E. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes shall make an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are shall be attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. F. A petition in bankruptcy, insolvency, or for reorganization or arrangement is shall be filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Eurand N.V.)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Base Rent or the Annual Rental Adjustment when the same shall be due and payable, otherwise within five ten (510) calendar days after the same shall be due and payable, ; or any other sum(s) amounts due Landlord from Tenant as Additional Rent or otherwise, within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpaymentnonpayment of the same. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes undertakes to complete the samesame and does so complete the required action within a reasonable time, but not more than ninety (90) days after Landlord’s notice in any event. C. Tenant shall either vacate or abandon the Premises for a period of thirty (30) days, or fail to occupy for a period of thirty (30) days the Premises or any substantial portion thereof and fail to pay Rent as required hereunder. D. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. E. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (First Indiana Corp)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Base Rent within five (5) calendar days after or any Additional Rent when the same shall be due and payable, or any other sum(s) amounts due Landlord from Tenant as additional rent or otherwise within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) ten-day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) ten-day period and thereafter diligently completes undertakes to complete the samesame and does so complete the required action within a reasonable time, but not more than one hundred twenty (120) days after Landlord’s notice in any event. C. Tenant shall effectuate a Transfer in violation of Article 13 hereof. D. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. E. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Celldex Therapeutics, Inc.)

Defaults by Tenant. The occurrence of any one or more of the following events after any applicable cure period shall be a default (the term “default” shall mean and include the expiration of any applicable cure period set forth in this Lease) under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment Monthly Base Rental Installment of Minimum Annual Base Rent within five (5) calendar days after or the same shall be due and payable, Annual Rental Adjustment or any other sum(s) amounts due hereunder within ten seven (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (107) days after Landlord gives to Tenant written notice from Landlord of such nonpaymentdefault; provided, however, Landlord shall only be obligated to provide such notice twice during any Lease Year. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by unless Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences fail commence such performance within said thirty (30) thirty-day period and thereafter diligently completes undertake to complete the samesame and does so complete the required action within a reasonable time. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Leased Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty ninety (6090) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Leased Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty one hundred twenty (60120) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty one hundred twenty (60120) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Arhaus, Inc.)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Base Rent or Additional Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues continuing for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes undertakes to complete the same. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's assets in or about the Premises Building or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in or about the Premises Building or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Building Lease Agreement (Too Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. (a) Tenant shall fail to pay any monthly installment payment of Monthly Rent or Additional Rent within five (5) calendar days after the same shall be due and payable or Tenant shall fail to pay any other amounts due to Landlord from Tenant (including any amounts owed by Tenant for Building Non-Standard Work) within thirty (30) days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. (b) Tenant shall fail to perform or observe observe, whether by action or inaction, any covenant, term, condition, covenant provision or obligation required to be performed or observed by it under condition of this Lease for a period (other than payment of rent or other charges payable hereunder) within the thirty (30) calendar days or more day period after written notice thereof from Landlordof default has been given by Landlord to Tenant; provided, however, provided that if in the term, condition, covenant or obligation to be performed case of a default which by Tenant is of such its nature that the same cannot reasonably be performed cured within thirty (30) days, Tenant shall have an additional reasonable period of time ("Additional Period") to cure the default if, and only if, Tenant promptly and within such thirty (30) day period, such period commences to cure the default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes in good faith and with due diligence pursues the samecuring of the default through the Additional Period until cured. C. (c) A trustee or receiver shall be appointed to take possession of all or substantially all of Tenant's assets in in, on or about the Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in in, on or about the Premises or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter.). D. (d) A petition in bankruptcy, insolvency, bankruptcy or insolvency or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge dismissal thereof within sixty (60) calendar days after the filing of the samesuch filing.).

Appears in 1 contract

Samples: Lease Agreement (Quality Dining Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment payment of Rent rent within five (5) calendar business days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same . No notice shall be due and payable, and such nonpayment continues required for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpaymentdefault in payment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation obligation, other than the payment of rent, required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation obligations to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes the samesuch performance within thirty (30) additional days. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A ; or, a petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same). D. Tenant abandons or vacates Premises.

Appears in 1 contract

Samples: Office Lease Agreement (Id Systems Inc)

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Defaults by Tenant. The occurrence of any one or more of the following events after any applicable cure period shall be a default (the term “default” shall mean and include the expiration of any applicable cure period set forth in this Lease) under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment Monthly Base Rental Installment of Minimum Annual Base Rent within five (5) calendar days after or the same shall be due and payable, Annual Rental Adjustment or any other sum(s) amounts due hereunder within ten seven (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (107) days after Landlord gives to Tenant written notice from Landlord of such nonpaymentdefault; provided, however, Landlord shall only be obligated to provide such notice twice during any Lease Year. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by unless Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences fail commence such performance within said thirty (30) thirty-day period and thereafter diligently completes undertake to complete the samesame and does so complete the required action within a reasonable time. C. A trustee or receiver shall be he appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Leased Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty ninety (6090) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Leased Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty one hundred twenty (60120) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty one hundred twenty (60120) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Arhaus, Inc.)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default and breach of this Lease by Tenant: A. (a) Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. (b) Except as otherwise provided in Section 13.01, Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes the same. C. (c) A trustee or receiver shall be appointed to take possession of substantially all of Tenant's assets in or about the Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in or about the Premises or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. (d) A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Charming Shoppes Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be constitute a material default and breach of this Lease by Tenant: A. Any failure by Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or to make any other sum(s) within ten (10) calendar days after the same shall payment required to be due made by Tenant hereunder when due. No notice is required for any monetary default; B. Any failure by Tenant to observe and payableperform any other provision of this Lease to be observed or performed by Tenant, and where such nonpayment failure continues for a period of ten twenty (1020) days after Landlord gives to Tenant written notice of such nonpayment.to Tenant; B. C. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by admits in writing that it under this Lease for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such default shall be deemed meet its obligations as they become due; or is declared insolvent according to have been cured if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes the same. C. A trustee any law; or receiver shall be appointed to take possession of substantially all assignment of Tenant's assets in or about the Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment property is made for the benefit of creditors; or substantially all a receiver or trustee is appointed for Tenant or its property; or the interest of Tenant's assets in or about the Premises or Tenant's interest in Tenant under this Lease are attached or is levied upon on under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A or other legal process; or any petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to declare Tenant bankrupt or to delay, reduce or modify Tenant's debts or obligations; or any federal petition is filed or state statute other action taken to reorganize or modify Tenant's capital structure if Tenant be a corporation or other entity (andprovided that no such levy, with respect to any such execution, legal process or petition filed against itTenant shall constitute a breach of this Lease if Tenant shall vigorously contest the same by appropriate proceedings and shall remove or vacate the same within thirty (30) days from the date of its creation, service or filing). D. The abandonment or vacation of the Premises by Tenant, which shall mean that Tenant fails to secure a stay or discharge thereof within is absent from the Premises for sixty (60) calendar consecutive days after coupled with the filing failure to pay Base Rent or Additional Rent. E. Tenant assigns this Lease or subleases all or any part of the same)Premises in violation of the provisions of Article 11.

Appears in 1 contract

Samples: Lease Agreement (2 Infinity Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment of Base Rent within five (5) calendar days after or any Additional Rent when the same shall be due and payable, or any other sum(s) amounts due Landlord from Tenant as additional rent or otherwise within ten (10) calendar days after the same shall be due and payable, payable and such nonpayment failure continues for a period of ten at least three (103) days after Landlord gives to Tenant written notice of such nonpaymentthereof from Landlord. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty ten (3010) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) ten-day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) ten-day period and thereafter diligently completes undertakes to complete the samesame and does so complete the required action within a reasonable time, but not more than sixty (60) days after Landlord’s notice in any event. C. Tenant shall vacate or abandon the Premises for any period, or fail to continuously occupy for a period of ten (10) days the Premises or any substantial portion thereof. D. Tenant shall effectuate a Transfer in violation of Article 13 hereof. E. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. F. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement (Ikaria, Inc.)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default an “Event of Default” and breach of this Lease by Tenant: A. (a) Tenant shall fail to pay any monthly installment of Rent within five (5) calendar days after the same shall be due and payable, or any other sum(s) within ten (10) calendar days after notice from Landlord that the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. (b) Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease (other than the obligation to pay any amount of money due hereunder within the period set forth in Section 13.01(a)) for a period of thirty (30) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) day period, such Tenant shall not be in default shall be deemed to have been cured or breach of this Lease if Tenant commences such performance within said thirty (30) day period and thereafter diligently completes pursues the samesame to completion. C. (c) A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in or about the Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty seventy five (6075) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in or about the Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty seventy five (6075) calendar days thereafter). D. (d) A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty thirty (6030) calendar days after the filing of the same).

Appears in 1 contract

Samples: Lease Agreement

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant:. A. Tenant shall fail to pay any monthly rental installment of Minimum Annual Rent within five (5) calendar days after or any installment of the same shall be due and payableTenant’s proportionate share of Operating Expense Increases, or any other sum(s) amounts due Landlord from Tenant as additional rent or otherwise within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after the due date thereof. However, Landlord gives to shall give Tenant five (5) business days prior written notice of such nonpaymentand opportunity to cure any nonpayment of rent before Landlord exercises any remedies described in Section 14.02 (B)(1) or (2). B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty ten (3010) calendar days or more after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty ten (3010) day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty ten (3010) day period and thereafter diligently completes undertakes to complete the samesame and does so complete the required action within a reasonable time. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's ’s assets in in, on, or about the Leased Premises or of Tenant's ’s interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment)Lease; Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's ’s assets in in, on, or about the Leased Premises or Tenant's ’s interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter)execution. D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same)statute.

Appears in 1 contract

Samples: Lease Agreement (Healthessentials Solutions Inc)

Defaults by Tenant. The occurrence of any one or more of the following events shall be a default under and breach of this Lease by Tenant: A. Tenant shall fail to pay any monthly installment Monthly Rental Installment of Minimum Annual Rent or the Annual Rental Adjustment within five ten (510) calendar days after written notice that such payments are due and payable, or any other amounts due Landlord from Tenant as additional rent or otherwise, including any amounts owed by Tenant for Building Non-Standard Work, within thirty (30) days after written notice the same shall be due and payable, or any other sum(s) within ten (10) calendar days after the same shall be due and payable, and such nonpayment continues for a period of ten (10) days after Landlord gives to Tenant written notice of such nonpayment. B. Tenant shall fail to perform or observe any term, condition, covenant or obligation required to be performed or observed by it under this Lease for a period of thirty (30) calendar days or more ten(10)days after notice thereof from Landlord; provided, however, that if the term, condition, covenant or obligation to be performed by Tenant is of such nature that the same cannot reasonably be performed within such thirty (30) ten-day period, such default shall be deemed to have been cured if Tenant commences such performance within said thirty (30) ten-day period and thereafter diligently completes undertakes to complete the samesame and does so complete the required action within a reasonable time. C. A trustee or receiver shall be appointed to take possession of substantially all of Tenant's assets in in, on or about the Leased Premises or of Tenant's interest in this Lease (and Tenant does not regain possession within sixty (60) calendar days after such appointment); Tenant makes an assignment for the benefit of creditors; or substantially all of Tenant's assets in in, on or about the Leased Premises or Tenant's interest in this Lease are attached or levied upon under execution (and Tenant does not discharge the same within sixty (60) calendar days thereafter). D. A petition in bankruptcy, insolvency, or for reorganization or arrangement is filed by or against Tenant pursuant to any federal or state statute (and, with respect to any such petition filed against it, Tenant fails to secure a stay or discharge thereof within sixty (60) calendar days after the filing of the same).

Appears in 1 contract

Samples: Office Lease (Entex Information Services Inc)

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