Common use of Drawings under Letter of Credit Clause in Contracts

Drawings under Letter of Credit. If any non-curable default on the part of Tenant shall occur under the Lease or if any curable default on the part of Tenant occurs under the Lease and Tenant shall have failed to cure such default within any applicable notice and cure periods provided under the Lease, or as otherwise specifically agreed by Landlord and Tenant pursuant to this Lease or any amendment hereof (any of the foregoing being, for purposes of this Exhibit F, Section 3 only, a “Failure to Comply”), Landlord may, without prejudice to any other remedy provided in this Lease or by Law, draw on the Letter of Credit and use all or part of the proceeds to (a) satisfy any amounts due to Landlord from Tenant, and (b) satisfy any other damage, injury, expense or liability caused by Tenant’s Failure to Comply. In addition, if Tenant fails to furnish a Renewal or Replacement LC complying with all of the provisions of this Section 3 at least 60 days prior to the stated expiration date of the Letter of Credit then held by Landlord, Landlord may draw upon such Letter of Credit and hold the proceeds thereof (and such proceeds need not be segregated) in accordance with the terms of this Section 3 (the “LC Proceeds Account”).

Drawings under Letter of Credit. If any non-curable default on the part Upon Tenant’s failure to comply with one or more provisions of Tenant shall occur under the Lease or if any curable default on the part of Tenant occurs under the Lease and Tenant shall have failed to cure such default within any applicable notice and cure periods provided under the Lease, or as otherwise specifically agreed by Landlord and Tenant pursuant to this the Lease or any amendment hereof (any of the foregoing being, for purposes of this Exhibit F, Section 3 only, a “Failure to Comply”)hereof, Landlord may, without prejudice to any other remedy provided in this the Lease or by Law, draw on the Letter of Credit and use all or part of the proceeds to (a) satisfy any amounts due to Landlord from Tenant, and (b) satisfy any other damage, injury, expense or liability caused by Tenant’s Failure failure to Complyso comply. In addition, if (A) Tenant fails to furnish a Renewal or Replacement LC complying with all of the provisions of this Section 3 II at least 60 days prior to the stated expiration date of the Letter of Credit then held by Landlord, or (B) the issuer of the Letter of Credit fails to effect a transfer of the Letter of Credit within 10 days following Landlord’s request therefor, provided that (i) such transfer is not prohibited by applicable Law (including, without limitation, the regulations of the U.S. Department of the Treasury and the U.S. Department of Commerce), and (ii) Landlord has complied with all the express provisions of the Letter of Credit, such failure shall, notwithstanding anything to the contrary set forth in the Lease, constitute an incurable Default by Tenant, Landlord may draw upon such Letter of Credit and hold the proceeds thereof (and such proceeds need not be segregated) in accordance with the terms of this Section 3 II (the “LC Proceeds Account”).

Drawings under Letter of Credit. If any non-curable Upon the occurrence of a Default by Tenant’s or the occurrence of an event which with notice and passage of time, or both, would constitute a default on but for the part fact that Landlord is barred from providing notice thereof to Tenant by reason of Tenant shall occur under the Lease or if any curable default on the part of Tenant occurs under the Lease and Tenant shall have failed to cure such default within any applicable notice and cure periods provided under the Leasedebtor relief laws (herein, a “Deemed Default”) , or as otherwise specifically agreed by Landlord and Tenant pursuant to this Lease or any amendment hereof (any of the foregoing being, for purposes of this Exhibit F, Section 3 only, a “Failure to Comply”)hereof, Landlord may, without prejudice to any other remedy provided in this Lease or by Law, draw on the Letter of Credit and use all or part of the proceeds to (a) satisfy any amounts due to Landlord from Tenant, and (b) satisfy any other damage, injury, expense or liability caused by Tenant’s Failure to ComplyDefault or Deemed Default. In addition, if Tenant fails to furnish a Renewal or Replacement LC complying with all of the provisions of this Section 3 6 at least 60 30 days prior to the stated expiration date of the Letter of Credit then held by Landlord, Landlord may draw upon such Letter of Credit and hold the proceeds thereof (and such proceeds need not be segregated) in accordance with the terms of this Section 3 6 (the “LC Proceeds Account”).